Canadian employers can apply for a Labour Market Impact Assessment (LMIA) to hire a foreign worker under eight (8) different types of streams. It is very important to select the correct one. Which in-turns determines the requirements, employer’s eligibility, job advertisement, application forms and the process to complete.

1. Low-Wage LMIA: If the salary offered to a foreign worker is below a provincial or territorial median hourly wage. Application forms for low-wage positions can be found here.

2. High-Wage LMIA: The wage offered to a temporary worker like Business Owners is at or higher than a provincial or territorial median hourly wage. Application forms for high-wage positions can be found here.  

3. Dual Intent LMIA: Supporting PR (Permanent Residency) and work permit applications at the same time. The application form for LMIA to support PR can be found here.

4. LMIA for Global Talent Stream: Under this stream, 1) Innovative firms in Canada, referred as the designated referral partners, can hire unique and specialized foreign nationals, or 2) Canadian companies can hire for in-demand highly-skilled positions that are listed on the Global Talent Occupations List and the application for can be found here.

5. LMIA to Support a Permanent Residency (PR) Application: Only for high-wage jobs under Skill Type and Level A and B in the National Occupational Classification (NOC). Application forms for LMIA to support PR can be found here.

6. LMIA for Agricultural Workers*: To hire foreign workers only for on-farm primary agriculture activity (find below the list of all eligible commodity sectors).  Application forms for agricultural workers can be found here.

7. LMIA for Seasonal Agricultural Workers*: To hire citizens of approved countries to perform on-farm primary agriculture activity (find below the list of all participating countries and eligible commodity sectors). The application form to hire seasonal agricultural workers can be downloaded here.

8. LMIA for In-home Caregivers: Canadians can hire foreign caregivers to care for children, seniors, or persons with certified medical needs in the private household. The application form for LMIA for In-home Caregivers can be found here.

*

Between Agriculture and Seasonal Agriculture Workers, the similarity is that the employers can hire foreign workers only in the following commodity sectors:

• apiary products,
• fruits,
• vegetables (including canning/processing of these products, if grown on the farm),
• mushrooms,
• flowers,
• nursery-grown trees including Christmas trees,
• greenhouses/nurseries,
• pedigreed canola seed,
• sod,
• tobacco,
• bovine,
• dairy,
• duck,
• horse,
• mink,
• poultry,
• sheep,
• swine.  

The activity must be related to on-farm primary agriculture.

However, under the Seasonal Agricultural Worker Program, Canadian employers can hire only foreign workers – citizens of specified countries:

• Mexico and Caribbean countries of Anguilla,
• Antigua and Barbuda,
• Barbados,
• Dominica,
• Grenada,
• Jamaica,
• Montserrat,
• St. Kitts-Nevis,
• St. Lucia,
• St. Vincent and the Grenadines, and
• Trinidad and Tobago.

Also, the difference is in the LMIA duration. Under the Seasonal Agricultural Worker Program, a maximum employment period is 8 months (minimum 240 work hours within every six weeks or less), between January 1 and December 15. While the maximum LMIA duration under the Agricultural Stream is 2 years.

Under these streams, employers are also required to find, and select Canadians and permanent residents through recruitment efforts. Advertisement must be posted for 14 days during the 3 months before applying for LMIA.

Unless an employer is hiring agricultural or seasonal agricultural workers, selection must be made between LMIA low-wage or high-wage streams, as well as the Minimum wage requirements.

LMIA Wage by Region/Work Location

Basically, the Maiden wages offered in the Province or Territory determines under which stream to apply. If the salary is at or higher than a provincial or territorial median hourly wage, then the high-wage stream, if below – the low-wage stream. For instance, in Nova Scotia, the provincial median wage is 20 $/hour. Thus, if the Canadian employer offers 21 $/hour to a temporary foreign worker, then the correct LMIA application will be under the high-wage stream.

Before applying under the high-wage stream, an employer would be required to advertise a job in at least 3 sources for 4 consecutive weeks. Compared to that, the low-wage stream requires advertising in at least 5 sources. LMIA application must be submitted within 3 months from the beginning of the advertisement.

LMIA Wage by Occupation

In addition to the above, wage in the job advertisement and the one offered to a worker should be higher than the occupational/job median wage. For example, if a Canadian employer wants to hire a Database Analyst. In Nova Scotia, the median wage for this occupation (NOC 2172) is C$ 34.87. 

To start with, determine if any previous application was made and check the list of ineligible companies that failed compliance. Then, read about general employer requirements for LMIA that are common for all streams. Always, relate to restrictions and stream related conditions.

Ineligible Employers

If an employer is ineligible to apply for LMIA, it will appear in this list. Employing a foreign worker is a serious responsibility for the company. Therefore, ESDC inspects LMIA approved employers randomly. Those who did not comply with the terms of the approved job offer are likely to appear in the above list.

Ineligibility is not always a permanent one. So, it is worth checking the employer’s period of ban from hiring temporary workers. In fact, it may be from 1 year to permanent.

However, if the company has never applied for a labour market impact assessment, it will never be on the list of ineligible employers.

Employers with LMIA in Canada (Approved)

Every year the Department of Employment and Social Development publishes Positive LMIA Employers List here. It excludes all personal names and LMIAs in support of permanent residence. However, it tracks positions and locations on all positive LMIAs.

Which Employer Can Apply for LMIA?

In all other circumstances, employer eligibility for LMIA will be determined by a stream. Only if an employer applies for LMIA to support permanent residence, there is a requirement to be in business for at least 1 year before application. For all other types, employer requirements for LMIA are the following:

• Has a legitimate business.
• Provides goods or services to the public.
• Is able to pay a salary to a foreign worker.
• Has a genuine need for a foreign worker.
• Has not laid-off employees in the 12-months period preceding application.
• Service Canada verifies whether these LMIA requirements for employers have been met through supporting documents.

A common myth is that an employer must have a particular profit or turnover to apply for assessment. It may only be the case when arranged employment is a part of the provincial nomination process. What is important though – the employer’s ability to pay salary to a foreign worker.

Also, LMIA restrictions exist for some jobs and locations in Canada. This means that employers in some industry sectors and provinces can not apply.

For foreign workers looking for a job in Canada, there is no such list as LMIA Employers in Canada specifically accepting applications from temporary workers. However, temporary workers can apply for jobs on Job Bank. As a job advertisement on Job Bank is a must for LMIA employers wishing to hire a foreign worker, it may work sometimes. 

Advertising job and recruitment efforts to find Canadians or permanent residents for work are inevitable in most LMIA applications. Commonly, an employer would be required to make recruitment efforts in at least three (3) sources for high-wage positions and five (5) sources – for low-wage positions. Job posting must run for four (4) consecutive weeks, and an LMIA application should be submitted within three (3) months from the beginning of the advertisement.

However, advertisement variations may apply to certain positions. In some cases, it facilitates LMIA application, while in others – it makes it harder. We provide an overview of the variations below.

Jobs that Require LMIA but Are Exempted from or Facilitated the Advertisement & Recruitment

For the following positions, the job advertising requirement is either discarded or facilitated. LMIA will still be needed. However,  in some sense it will be easier and faster to apply to hire the following categories of foreign workers:

Active business owners and operators: No advertisement or recruitment is required. A business owner or operator is the one who is a sole proprietor or a shareholder of a minimum of 50.1% of the shares. Therefore, they own a controlling interest in the company and can not be dismissed.

Academics: An academic is an individual with at least one postgraduate degree (following a Bachelor’s degree) who earns the majority of their income from teaching or conducting research as employees at universities and university colleges in Canada. No advertisement or recruitment is required for second or third LMIA applications for a university professor in a tenure track position.

Collective bargaining agreement that stipulates internal recruitment: This is related to advertisement of a position covered by a Collective Bargaining Agreement, which stipulates only internal recruitment. In this case, internal posting will suffice. However, all members of the Collective Bargaining Unit must have an opportunity to apply for the position.

Entertainment sector: No advertisement or recruitment is required if a worker will be hired for a very limited number of days, in a specific location, and on very short notice. Usually, it is a case for the following jobs: boxers, bar bands, DJs, musicians, singers, film directors and first assistant directors for feature films and commercials, key actors, artists, film or television crew for short productions and commercials. This is not an exhaustive list of occupations in the entertainment sector.

Hiring by a foreign government or organization in Canada: No advertisement or recruitment is required if a position is with an international organization or the mission of a foreign government in Canada. They can select foreign nationals according to their own processes and requirements.

In-Home Caregiver: Advertisement is required. However, employers are not required to list home addresses and full names on the job advertisement. Rather, they need to specify information about the location of work and only first name or another identifier.

Primary agriculture positions using the streams for high-wage or low-wage positions: Job advertisement must be posted for a minimum of 14 calendar days on Job Bank and at least 1 additional method either national in scope (if for high-wage positions) or targeting an underrepresented group (if for low-wage positions).

Positions for a short duration – 30 or fewer days: No advertisement or recruitment is required if – job duration is for 30 days or less, a temporary foreign worker need to be hired on short notice, the job will no longer exist after the worker leaves, and there is no opportunity to train a Canadian or a permanent resident because the position requires specialized/proprietary knowledge to ensure the safe and efficient provision or operation of machinery or equipment.

Religion instructors in a faith-based independent school (NOC 4217 – Other Religious Occupations): Job advertisements must be posted for a minimum of four weeks within three months prior to applying for an LMIA on Job Bank or church publications. It is only applicable to situations where the provincial or territorial Ministry of Education delegates to the independent school the ability to establish the qualifications of their instructors based on religion.

Seasonal Agricultural Workers (only for the Province of Quebec)

Seasonal Agricultural Workers. Re-advertisement is not required to hire a replacement worker in the same region and occupation as in the previous LMIA. Advertisement is not required to transfer LMIA application in the same region and occupation.

Agricultural Stream Workers: Re-advertisement is not required to hire a replacement worker if the position remains in the same region and occupation as in the previous positive LMIA.

Specialized service technicians/specialized service providers: No advertisement or recruitment is required if the work requires a specialist with proprietary knowledge or experience, the duration of the work is limited, and there is no opportunity for Canadians to be trained. For example, equipment manufactured outside of Canada and there is no licensee in Canada who can perform the service required for it.

Warranty work: No advertising or recruitment is required if installation, inspection or repair of equipment are under warranty, and the manufacturer designates skilled workers under the warranty.

Maritime Sector – Coasting Trade: No advertising or recruitment is required for a position on board a foreign vessel undertaking coasting trade within Canadian waters in the following circumstances: the work duration is 30 days or less, and no previous requests for an LMIA have been submitted; a labour organization provides a letter of concurrence that qualified Canadians/permanent residents are not available for the position and justification and where practical, supporting documents.

Certificate of Selection from Quebec: Employers can be exempted from the recruitment and advertising requirement only if Service Canada determines, during the assessment of the LMIA application, that the National Occupational Classification (NOC) code used for the job offer and the description of the position is the same as the NOC code found on the CSQ.

Additional Advertisement & Recruitment Requirement for LMIA Applications for the Following Positions

Air pilots, flight engineers and flying instructors (NOC 2271): In addition to minimum advertisement requirements described above, employers must specify the following criteria in their job postings: no more than a maximum of 4,000 flight hours for a First Officer and 5,000 hours for a Captain as required experience; possess a valid commercial pilots’ license; require English and/or French language proficiency; include industry-standard medical testing requirements for commercial flight; state both the legal and common names of the airline operating in Canada; not include as an essential or asset requirement the necessity of holding a type rating for a specific type of aircraft; indicate when training bonds will be applied and they must cover a minimum of two years employment .

Camp counsellors in Ontario: An employer must prove efforts to hire Canadian campers from the previous year and a commitment in writing and pursue spring recruitment campaigns in post-secondary institutions and high schools.

Employer associations. Organization of employers generally from the same industry may work together for the interests of all member companies. Such an association can be authorized to advertise on behalf of its members. In that case, a signed Appointment of Representative form and a report on recruitment efforts must be additionally submitted. If an association advertises for more than one job than an advertisement must include the wage range for each job and location.

Maritime Sector – Coasting Trade: Employers who do not qualify for the exemption or waiver of advertising and recruitment must submit a copy of the recruitment letter or email sent to the Seafarers’ International Union of Canada (SIU) at [email protected], and a letter or email of concurrence from the maritime labour organization stating that there are or are not qualified Canadians/permanent residents available for the position, and meet all High-wage or Low-wage stream recruitment and advertising requirements.