Expedited Processing Available For Certain LMIA Applications
Good news for temporary foreign workers. Recent welcome reforms to the Temporary Foreign Worker Program have included the possibility for some applicants to benefit from expedited processing. Applicants that meet certain specific requirements may be eligible for expedited processing. This would take just 10 business days for their Labour Market Impact Assessments.
Eligible LMIA Applications for Expedited Processing
The occupations that are eligible for expedited processing fall into three categories: Shortest Duration Occupations, Highest Paid Occupations and Highest Demand Occupations. We’re going to explain these in a bit more detail below:
Shortest Duration Occupations
This category covers occupations where the employment period runs for 120 calendar days or under, with a median-or-above wage for the corresponding province or territory where the job is based.
Highest Paid Occupations
The highest paid occupations are those that apply only to the top 10 per cent of wages in the province or territory where the job is based. This category generally only applies to highly skilled or professional jobs such as top level managerial roles and senior executives, or physicians.
Highest Demand Occupations
This is a list of occupations that generally consists of skilled, in-demand trades that meet, or exceed, the median wage for the province or territory in which the job is based. This list is updated depending on the changing demand for particular jobs.
How Do Labour Market Impact Assessments Work?
If you’re wondering how the above categories are put into play in the real world, let’s take a look at one example. A computer programmer (NOC 2174) is paid a median wage of $33.65 per hour in the city of Toronto.
A transition plan would be necessary for a Labour Market Impact Assessment for this occupation, but it would not be eligible for expedited 10-day processing. This is because the median wage for a computer programmer in Toronto is not included in the top 10 per cent of wages earned in Ontario. However, if the employment period should only last for a maximum of 120 days, the occupation of computer programmer would be then eligible under the Shortest Durations category for 10-day expedited processing.
Over 150,000 foreign workers enter the country in a big to work temporarily in jobs where Canadian employers are experiencing skill shortages, or alternatively to work as live-in caregivers.
If you think you could be suitable for expedited 10-business-day processing, you can check the current median wage for separate occupations by visiting the Working in Canada website.
To check the current prevailing wage by province, visit the Employment and Social Development website.
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About Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more
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