What is an LMIA and who needs one?

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to obtain before hiring a foreign worker. It serves to demonstrate that there is a legitimate need for a foreign worker to fill a specific job and that no Canadian worker or permanent resident is available to fulfill the position. The LMIA application is made to Employment and Social Development Canada (ESDC) and involves evaluating various factors, such as job market conditions, wage levels, and the potential impact on the Canadian labor market.

In most cases, obtaining a job offer with a positive LMIA is a requirement for foreign workers who want to apply for a work permit in Canada. Without a valid LMIA, it may not be possible for a foreign worker to be employed in Canada.

When it comes to who needs a Labour Market Impact Assessment (LMIA), it generally depends on the specific circumstances and the type of employment being offered in Canada.

In most cases, employers in Canada are required to obtain an LMIA in order to hire a foreign worker for a temporary job. The LMIA serves as evidence that there is a genuine need for a foreign worker to fill the position.

However, there are certain LMIA-exempt categories where an LMIA may not be required. For example, individuals applying through the Express Entry program may be eligible for LMIA exemption if they have been working full-time for the employer on their work permit for at least one year. LMIA exemption may also apply in certain other cases, such as intra-company transfers or work permits issued to individuals under international agreements.

Below are some of the categories of people who are exempt from needing a positive LMIA:

• Workers with valid work permits exempt under international or federal-provincial agreements:

This includes individuals who have a work permit that is exempt from the LMIA requirement due to international agreements or federal-provincial agreements.

• Workers in the "Canadian interests" category:

Individuals who are employed in a job that is considered to be in the "Canadian interests" category may be exempt from an LMIA. This category typically includes workers whose employer can prove that they will bring an important social, cultural, competitive or economic benefits for Canada.

• Reciprocal employment – lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries

1. general (such as professional coaches and athletes working for Canadian teams)

2. International Experience Canada – a work abroad program for youth and young professionals

3. people in exchange programs like professors and visiting lecturers

• Designated by the Minister

Academics, including researchers, guest lecturers and visiting professors (sponsored through a recognized federal program)

Competitiveness and public policy

medical residents and fellows

post-doctoral fellows and people who have won academic awards from Canadian schools

• Charity and religious work (not including volunteers)

• Skilled trade workers with job offers from up to two employers:

Qualified skilled trade workers who have job offers from up to two different employers may be exempt from an LMIA. However, it's important to note that they must work for both employers.

Whether you believe you are LMIA exempt or not, it is advisable to review the specific LMIA exemption codes and work permit exemptions to determine eligibility for an LMIA exemption. Detailed information on LMIA exemptions and work permit requirements can be found on the Government of Canada website here. Please get in touch with us to find out if you need an LMIA to work in Canada.