Generally, most employers will need to apply for and obtain a positive Labour Market Impact Assessment (LMIA) before a Canadian employer can hire a temporary foreign worker.
Required Steps Of Obtaining LMIA
Collecting the Required Documents to Prove that Your Business is Open and Operating.
You may need to provide the following:
- Business license;
- Business registration or legal incorporation documents;
- Canada Revenue Agency documents;
- Commercial lease agreement;
- Workplace safety and insurance clearance letter/certificate;
- Other forms depending on the nature of the employer.
The employer has to demonstrate that reasonable efforts were made to recruit a Canadian citizen or permanent resident for this particular job, but have failed.
Generally, all advertisements should be posted and available to the general public for a minimum of four consecutive weeks before you can apply for an LMIA.
Employers have to advertise on:
- Job Bank or if the job is in British Columbia, Saskatchewan, or Quebec, the respective provincial employment websites.
- Two or more additional methods of recruitment and advertisement consistent with the usual practices of the occupation.
Submitting the LMIA application
After all, the documents have been gathered, and recruitment/advertisement requirements have been met, the LMIA application may be submitted.
LMIA processing fee
Generally, employers will also have to pay a processing fee of $1,000 for each position they wish to have filled by a temporary foreign worker.
Employers who hire agricultural workers are exempted from the $1000 processing fee.
There is no fixed processing time for an LMIA application. LMIA applications are processed across Canada, depending on the stream and work location, ranging from a couple of weeks to a few months.