The LMIA and Its Streams

The LMIA or Labour Market Impact Assessment document in Canada demonstrates that no Canadian Citizen or Permanent Resident is available or eligible to fill a specific job vacancy in Canada. The LMIA allows an employer to hire a foreign worker for a job vacancy.

A positive LMIA is often called a ‘Confirmation Letter’.

Who started the LMIA?

LMIA was originally called the ‘Labour Market Opinion’ (LMO). On 20th June 2014, CIC Minister Chris Alexander and ESDC Minister Jason Kenney introduced the more comprehensive and rigorous document known as the ‘LMIA’.

Where LMIA is issued by the ESDC, LMO was issued by HRSDC.

What does an employer need to do after receiving an LMIA?

A positive LMIA is valid for 6 months after it is issued. An immigrant can apply for a work permit on the Canadian Immigration Website after their employer receives a positive LMIA.

The processing time for LMIA is different for all the streams it consists of-

Global Talent Stream: 10-15 business days (approx. 12 days)

Agricultural Stream: 25-30 business days (approx. 28 days)

Seasonal Agricultural Workers: 17-20 business days (approx. 19 days)

Permanent Residence Stream: 32-38 business days (approx. 35 days)

In-Home Caregivers Stream: 22-27 business days (approx. 25 days)

High-Wage Stream: 45-50 business days (approx. 48 days)

Low-Wage Stream: 45-50 business days (approx. 48 days)

Dual Intent Stream: (Not Disclosed)

What are these streams under LMIA?

Canadian employers can apply for LMIA to hire workers from overseas under 8 main streams. It is a crucial step for the employer to identify the right type of LMIA for themselves. The type of LMIA determines the requirements that are to be met, an employer’s demands, and the application forms which are to be filled.

1. Global Talent Stream- This stream is used for hiring unique global talents to increase a business’s productivity and make it more profitable. There are 2 categories under this stream namely Category A and B.
2. Agricultural Stream- This stream is suitable for hiring workers in on-farm agricultural activities. The workers hired under this stream are allowed to work in farm-growing items mentioned on the National Commodity List like Apiary products, fruits, vegetables, seed corns, grains, etc.
3. Seasonal Agricultural Stream- This stream is suitable for hiring workers from specific countries such as- Anguilla, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, St. Kitts-Nevis, St. Lucia, St. Vincent and the Grenadines, and Trinidad and Tobago. The workers hired under this stream are allowed to work in farm-growing items mentioned on the National Commodity List like oil seeds, maple syrup, tobacco, dairy, poultry, sheep, etc.
4. Although the Season Agricultural and Agricultural Stream might look the same to some individuals, the LMIA duration for both streams is different. For the Seasonal Agricultural Stream, the maximum employment period is 8 months (240 hours of work within 6 weeks or less), while the LMIA duration for Agricultural Stream is up to 2 years.
5. Permanent Residence Stream- The Canadian Government believes foreign workers can help employers fill job vacancies when Canadian Citizens or Permanent Residents are not eligible. Employers who wish to hire foreign workers to support their Permanent Resident Application can provide a job offer under the IRCC Express Entry System.

The job offer must meet the requirements of 1 of the 3 mentioned immigration programs-

Federal Skilled Workers Program (FSWP)

Federal Skilled Trades Program (FSTP)

Canadian Experience Class (CEC)

1. In-Home Caregivers Stream- Canadian Employers can hire foreign workers to work as caregivers in a private residence to children, senior citizens, or individuals with medically induced disabilities.
2. High Wage Stream- Workers earning at or above the median hourly wage in a given job position in a specific province/territory are considered high-wage workers. Employers who pay a wage equal to or higher than the median hourly wage must apply for LMIA under this stream.
3. Low Wage Stream- - Workers earning below the median hourly wage in a given job position in a specific province/territory are considered low-wage workers. Employers who want to hire low-wage foreign workers do not have to submit transition plans with their LMIA application.
4. Dual Intent Stream- If a foreign citizen who has applied or may apply for Permanent Residency in Canada also applies to enter Canada on a temporary basis as either a Visitor, Student, or Worker is known as a dual intent. A candidate’s application is legally accepted if they have these 2 intents-

The first intent of temporary residency in Canada.

The second intent of permanent residency in Canada.

KEYWORDS INDEX-

LMIA- Labour Market Impact Assessment

ESDC- Employment and Social Development Canada

HRSDC- Human Resources and Skills Development Canada

LMO- Labour Market Opinion

IRCC- Immigration, Refugees, and Citizenship Canada

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