What You Need to Know About Labor Market Impact Assessments (LMIAs)?
Some foreign workers in Canada need a Labour Market Impact Assessment (LMIA) before they can get a work permit and start working in Canada. Some Canadian companies demand an LMIA prior to employing a temporary foreign worker. This document confirms if hiring a foreign worker will affect the Canadian job market. However, it is not needed for LMIA-exempt jobs .
Immigration, Refugees and Citizenship Canada (IRCC) has announced a reduction in the number of temporary residents in Canada over the next three years, prompting many foreign nationals to expedite their immigration process . This article addresses certain frequently asked questions regarding LMIAs for international workers.
A brief overview of LMIA
Except certain cases, a Canadian employer looking to hire a foreign worker must first obtain a government approval before the hiring can happen. This approval is called the Labour Market Impact Assessment (LMIA) . The approval is issued by Employment and Social Development Canada (ESDC) . A Labour Market Impact Assessment (formerly known as a Labour Market Opinion) is required in most cases for a Canadian employer to hire foreign workers to come to Canada.
An LMIA can be positive as well as negative, depending on the conclusion of the ESDC officer who is reviewing the employer’s LMIA application. ESDC stands for Employment and Social Development Canada – the government department responsible for employment and related social development factors in Canada. To receive a positive LMIA, the ESDC officer must be satisfied with the application.
How can I determine whether I require an LMIA?
Employers usually need an LMIA to hire foreign workers, unless they qualify for an exemption. Requirements and exemptions depend on specific circumstances.
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Why does extending my work permit require another LMIA?
Before applying for a work visa in Canada , foreign nationals must ensure that their LMIA is valid. If their work permit is expiring and they want to continue working in Canada, their employer needs to obtain a new LMIA before they can apply for a new work permit or an extension.
Employers should be aware that when submitting a new LMIA application , Employment and Social Development Canada (ESDC) will start the evaluation process anew. If necessary, ESDC will verify that no Canadians or permanent residents are available for the temporary foreign worker position.
Is an LMIA required for working as an entrepreneur in Canada?
Entrepreneurs applying for a work permit in Canada do not need an LMIA. However, they must show that their business will either generate significant benefits for society, culture, and the economy or create employment for citizens or permanent residents of Canada.
As an Express Entry applicant, how can an LMIA help me get better CRS points?
Candidates who apply under the Canadian Experience Class (CEC) do not need an LMIA to qualify but having one can give them significant advantage. An LMIA-supported job offer can earn Express Entry applicants more points, increasing their chances of receiving an ITA for permanent residence in Canada from the IRCC. It can significantly increase their likelihood of selection by provinces as well as via Provincial Nominee Programs (PNPs) .
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