Tips for Successful Labour Market Impact Assessment / LMIA
What is Labour Market Impact Assessment?
In Canada, the Temporary Foreign Worker Program (TFWP) allows employers to get temporary workers who meet certain requirements. This program is designed to help employers fill temporary skill and labour shortages.
To get employees this way, an employer needs a go-ahead from the Employment and Social Development Canada (ESDC)/Service Canada. This is called a Labour Market Impact Assessment, or simply LMIA.
Similar to TFWP is the International Mobility Program (IMP). The major difference between the two is that with IMP, you do not require an LMIA.
How we assist you with the labour market impact assessment application
The Law Office of Matthew Jeffery is a Toronto-based immigration law office. We have been assisting employers and potential employees have successful LMIAs applications. Below is how we will assist you.
We will assist you to apply for a Labour Market Impact Assessment (LMIA), which formally went by the name Labour Market Opinion (LMO) from ESDC. If you get positive or neutral LMIA, we will assist your targeted foreign workers to get work permits at the Canadian visa offices in their country (or at a Canadian Port of Entry, depending on the country of origin).
We will help you come up with a transition plan, which is a requirement if you are advertising a high-wage position. The transition plan must demonstrate that you are making efforts to hire Canadians going forward.
We have vast experience offering potential employees with the application. To make an application, they need job offer letters, contracts, the LMIA Canada and the LMIA number.
If you do not have a successful application, we will help you with an immigration appeal. Appeal matters are usually very complicated and many decisions are not reversed, but we have had an impressive record in appeals over the years.
We will help you with inadmissibility cases. Most inadmissibility cases are as a result of misunderstandings and we will help clear these.
Factors ESDC Considers on LMIA Applications
It is important you understand the factors that the ESDC considers on an LMIA application as this will help you make informed decisions. The ESDC looks at the likely impact that hiring foreign workers will have on the labour market. It considers such factors as:
- The efforts the employer made in advertising the job opportunity to Canadian citizens as well as permanent residents – the employer must have advertised for more than 4 weeks before application, including in the National Job Bank website and equivalent territorial/provincial sites, and this advert must remain in place until the LMIA is issued.
- Whether the employment of the prospective worker will fill the specified labour shortage
- Potential benefits that hiring the prospective worker will have on the Canadian labour market such as job creation and knowledge and skill transfer to citizens and permanent residents
- If the wages to be paid are consistent with the prevailing wage rates for Canadians in similar job groups
- If the employment of the prospective worker could negatively impact the settlement of labour disputes
- Whether the intended workplace abides by provincial employment standards legislation
- Whether the prospective employee meets language requirements (French and/or English), unless the position expressly requires communication in a language other than French and/or English
If you are looking to hire highly skilled and experienced labour that you cannot easily get in Canada, do not hesitate to call us on to speak with an experienced LMIA lawyer Canada.