LMIA: Application Requirements for High-Wage Positions
A workplace that is free of abuse includes
- (a) proactive efforts made to prevent workplace abuse
- (b) reactive measures taken to stop abuse
An affiliate includes an employer that is controlled by another employer
- (a) 2 employers that are under common control, or
- (b) employers that are not operated at arm’s length
Apply on Application Form
You must complete, sign and send it along with all required documentation and the processing fee, to the appropriate Service Canada Processing Centre. The application package must include:
ADVERTISEMENTS
Provide a copy of the job advertisement(s) that appeared on at least one national job search site (i.e. National Job Bank or any other Canada-wide websites or publications).
All advertisements must occur in the twelve months prior to the date of the job offer to the applicant. Each advertisement must be publicly available six weeks. The employer must be able to demonstrate that the print media and websites used to advertise the job target an audience in Canada that has the appropriate education, professional experience, language ability and skill level required for that job.
If the employer already has a current positive LMIA, or the worker is already employed, proof of recruitment is not required. The advertisement must be in English and/or French and include the following:
- Company operating name and contact information, including: telephone number, cell phone number, email address, fax number, or mailing address;
- Title of position;
- Job duties;
- Skill requirements; and, • Location of work (city or town).
In addition to submitting copies of the ads, employers should provide the following information:
- • Number of responses to ads;
- • Number of Canadians or permanent residents who applied;
- • Number of interviews conducted;
- • Number of Canadians or permanent residents interviewed; and,
- • Explanation of why the position could not be filled by a Canadian or permanent resident.
NOTE: The Office of Immigration and Multiculturalism reserves the right to request additional information to assess recruitment efforts in support of an application.
Processing fee
Families or individuals seeking to hire a foreign caregiver to provide home care for individuals requiring assistance with medical needs are exempt from paying the Labour Market Impact Assessment application processing fee. Families or individuals with a gross annual income of $150,000 or less, seeking to hire a foreign caregiver to provide childcare in their home to a child under 13 years of age, also qualify for the processing fee exemption.
You must pay $1,000 for each position requested to cover the cost of processing your Labour Market Impact Assessment application.
- The processing fee payment (in Canadian dollars) can be made by:
- Visa
- MasterCard
- American Express
- Certified cheque (shall be made payable to the Receiver General for Canada)
- Money Order (shall be made payable to the Receiver General for Canada)
- Bank draft (shall be made payable to the Receiver General for Canada)
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The processing fee will not be refunded if your application is withdrawn, cancelled or if your Labour Market Impact Assessment is negative. Refunds are issued only if a fee was collected in error
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The processing fee cannot be paid by nor be recovered from the temporary foreign workers
A complete application means that you have:
- used the latest version of the application form
- filled out all the fields in all the required forms (except for the temporary foreign worker information in the case of an Unnamed Labour Market Impact Assessment application)
- included all the required supporting documentation
- signed all the forms, where required
- submitted the processing fee for each position requested
Incomplete applications will not be processed or returned. It is recommended that you submit copies of documents rather than originals.
However, you can still apply for a Labour Market Impact Assessment for specific positions in specific provinces or territories, even if the temporary foreign worker information is not available at the time of the application. These applications are also known as “Unnamed Labour Market Impact Assessment” applications.
Note:
On May 12, 2020, Immigration, Refugees and Citizenship Canada (IRCC) announced a Temporary Public Policy. The new policy allows some temporary foreign workers (TFWs) already in Canada to change jobs before a final decision is made on their work permit application.
Employers hiring these TFWs may receive priority processing of the LMIA applications. To do so, employers must notify Service Canada in writing that the TFW:
- is in Canada, and
- wishes to benefit from IRCC’s COVID-19 Temporary Public Policy
After you apply
Additional information is available to find out what happens after you apply for a Labour Market Impact Assessment for a low-wage or high-wage position.
