LMIA: Closed Work Permit

What is an LMIA?

An LMIA is a document that Canadian employers may need to obtain before hiring a foreign worker. It serves as proof that there is a need for a foreign worker to fill the job and that no Canadian worker or permanent resident is available to do the job. A positive LMIA is sometimes referred to as a confirmation letter. Employers must apply for an LMIA through Employment and Social Development Canada (ESDC)​​.

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LMIA Application Process

The LMIA application process involves several key steps:

• Determine if an LMIA is needed: Not all employment positions require an LMIA. Employers should check if their situation or the foreign worker's intended position is exempt from needing an LMIA​​.
• Application Submission: If an LMIA is required, employers must submit an application to ESDC, detailing the need for a foreign worker and proving that efforts were made to recruit Canadians or permanent residents for the job​​.
• LMIA Types: There are different types of LMIAs, including for high-wage positions, low-wage positions, agricultural positions, and positions under the Global Talent Stream. The type of LMIA required depends on the nature of the job and the wages offered​​.

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How to Get an LMIA

1. Determine the wage for the job to ascertain if it's a high or low wage.
2. Make sure the job offer meets the provincial and territorial employment and recruitment requirements.
3. Advertise the job position for a minimum of 4 weeks before applying for an LMIA.
4. Submit your LMIA application with the appropriate fee to Service Canada.
5. Service Canada will review the application and provide a decision.

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Employer-Specific Work Permit

Once an LMIA has been issued, the foreign worker can apply for an Employer-specific Work Permit, using the LMIA number, a job offer letter, and a contract. This permit is tied to the specific employer and job detailed in the LMIA and work permit application​​.

Responsibilities and Compliance

Employers hiring under the LMIA process have several responsibilities, including meeting the conditions of the LMIA, paying the prevailing wage, and ensuring compliance with the Temporary Foreign Worker Program (TFWP) regulations. Employers are also required to update the wages of TFWs to reflect changes to the prevailing wage​​.

What Happens After You Apply

Service Canada reviews the LMIA application to ensure that there are no available Canadian citizens or permanent residents for the job. If approved, employers can then provide a copy of the LMIA and the job offer letter to the foreign worker to support their work permit application.

‍How Long It Takes to Get an LMIA

The processing time can vary based on the type of job and the volume of applications. Employers are encouraged to apply as early as possible and to ensure that all required documents are submitted.

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Professional Support for Employers and Workers

KG Immigration Services, along with other licensed immigration assistants, provides consulting service in navigating the LMIA process and ensuring compliance with Canadian immigration laws. Services include guidance on LMIA applications, Employer-specific Work Permit applications, and advice on fulfilling employer obligations under the TFWP.