Labour Impact Market Assessment (LMIA)
Who is a Labour Impact Market Assessment For?
Labour Impact Market Assessments are for prospective Canadian employers who need to prove that a labour and skill shortage exists that justifies employing a foreign worker.
What Does a Labour Impact Market Assessment Provide?
Labour Market Impact Assessments allow potential employers of foreign workers to demonstrate the need to hire those workers from abroad as opposed to using Canadians to fill those positions.
Who is Eligible for a Labour Impact Market Assessment?
According to the Government of Canada, if Employment and Social Development Canada (ESDC)/Service Canada determines that the employer in question has need of a temporary worker and that no Canadians are available to fill a given position, an employer will be issued a Labour Impact Market Assessment verifying that fact.
The employer must be a good standing with Employment and Social Development Canada having no prior unresolved dispute or violation of employment rules of Canada. If the employer has a dispute known to ESDC, a justification is required to ensure the new hiring is not related to the dispute.
Some cases are exempt from the need for a Labour Impact Market Assessment through the International Mobility Program based on “broader economic, cultural or other competitive advantages for Canada; and reciprocal benefits enjoyed by Canadians and permanent residents.”
The Labour Impact Market Assessment Process
Obtaining a Labour Impact Market Assessment is part of the process for hiring a temporary worker through the Temporary Foreign Worker Program.
In order to receive a Labour Impact Market Assessment, the prospective employer must:
- submit complete application forms with supporting documents to Employment and Social Development Canada, at which time ESDC will review the request. There is a fee associated with the application. A positive Labour Impact Market Assessment will then allow the employer to proceed with the Temporary Foreign Worker Program.
If Employment and Social Development Canada determines that the job could be filled by a Canadian, the results could be negative.
If an employer thinks they may not need a Labour Impact Market Assessment, they can:
- peruse the government’s list of exemption codes or contact the International Mobility Worker Unit for their province or territory.
We Are Labour Impact Market Assessment Experts
The rules surrounding the hiring of foreign workers can be confusing and frustrating, but our education and experience allow us to understand immigration’s requirements. We know the process well and can help guide you through it.