LMIA Application for High-Wage Positions

A workplace that is free of abuse includes

1. (a) proactive efforts made to prevent workplace abuse
2. (b) reactive measures taken to stop abuse

An affiliate includes an employer that is controlled by another employer

1. (a) 2 employers that are under common control, or
2. (b) employers that are not operated at arm’s length

Business legitimacy

All employers applying to the Temporary Foreign Worker Program (TFWP) must supply documents along with their Labour Market Impact Assessment application to demonstrate that their business and job offer are legitimate.

Transition plan

A Transition Plan, valid for the duration of the employment of the temporary foreign worker, is a mandatory requirement to hire temporary foreign workers in high-wage positions. It describes the activities you are agreeing to undertake to recruit, retain and train Canadians and permanent residents and to reduce your reliance on the Temporary Foreign Worker Program. If you have never completed a Transition Plan before, you must submit one as indicated in the appropriate section of the Labour Market Impact Assessment application form for high-wage positions.

If you are applying for a Labour Market Impact Assessment and have previously submitted a Transition plan for the same position and work location, you must report on the results of the commitments you have made in your previous Transition plan (will be used to determine if the described activities had been undertaken).

Transition plan exemptions

The Transition plan requirement does not apply if the position you are requesting is for a:

• caregiver:
  • private household employers (under North American Industry Classification System (NAICS) code 8141) for caregiving positions, (specifically National Occupational Classification (NOC) codes 31301, 32101, 44100 and 44101)
  • health care institutions (under two-digit NAICS 62) for caregiving positions (specifically NOC 31301, 32101 and 33102)
• position under the Seasonal Agricultural Worker Program, the Agricultural Stream and other primary agriculture occupations
• specialized occupation that qualifies for Quebec’s facilitated Labour Market Impact Assessment process (applicable only to the first request for the same job at the same work location)
• limited duration where:
  • the job is time-limited in nature and the employment duration may range from 1 day to a maximum of 2 years
  • there is no reasonable expectation that you could transition the position to a Canadian or permanent resident
  • the job will not be filled after the departure of the temporary foreign worker as the position will no longer exist (for example, project-based occupations such as consultant for business management, specialized engineer for a dam construction project)
  • in some cases, repeat use of the specific position is the norm for the industry, but each employment duration is limited (for example, some Film and Entertainment positions; emergency repairs and warranty work)
• unique skill – skills or traits which belong to a specific individual and are not readily available in Canada (for example, NOC TEER 000 occupations, hiring by a foreign government)

Recruitment and advertisement

Recruitment is the process of finding and selecting qualified employees. As part of the Temporary Foreign Worker Program requirements, you must conduct recruitment efforts to hire Canadians and permanent residents before offering a job to a temporary foreign worker.

Minimum recruitment requirements

Before applying for a Labour Market Impact Assessment, you must conduct at least 3 different recruitment activities:

• effective August 28, 2017, you must advertise on the Government of Canada’s Job Bank. If you choose to use an alternative method, you must submit a written rationale and explanation of the alternative method
• you must also conduct at least 2 additional methods of recruitment that are consistent with the occupation (targets an audience that has the appropriate education, professional experience or skill level required for the occupation). One of the methods used must be national in scope, and easily accessed by residents of any province or territory, as people in high-wage positions are often mobile and willing to re-locate for work

To be national in scope, Canadians and permanent residents must have the capacity to search advertisements for work locations across Canada in a single site, as opposed to referring to individual or regional sub-sites.

Note: Prior to August 28, 2017: you were required to advertise either on Job Bank or its provincial or territorial counterpart in British Columbia, Saskatchewan and Quebec. While you can still use a provincial or territorial job board as a recruitment method, it does not meet the underrepresented groups requirement.

Note: Effective June 10, 2020, the program is prioritizing certain occupations which are considered essential during the COVID-19 pandemic. The listed occupations have been prioritized across all provinces and territories (except in the province of Quebec). For a list of occupations specific to the province of Quebec, please refer to Hiring in the Province of Quebec.