An LMIA is a document that allows employer to hire a foreign worker in Canada. A positive LMIA that shows that there is a need for a foreign worker to fill the job. LMIA is issued by ESDC- Employment and Social Development Canada upon receiving an application from an employer. ESDC carefully assess the efforts of employer to fill the job by hiring Canadian permanent resident or citizen. If ESDC is convinced that there is no Canadian available to fill the job, then ESDC gives the permission to employer to hire foreign worker by providing positive LMIA.
Employers will be required to provide a required information about the place for which they want to hire a foreign worker, count of candidates who applied for the position, who were interviewed, and detailed explanations.
The complete process of LMIA is supervised by Employment and Social Development Canada (ESDC) to ensure that the right process followed by employers in Canada, ESDC takes both Canadian and non-Canadians’ interests into account. Once an employer applies for the LMIA, they need to wait for a document of approval from Employment and Social Development Canada.
Who Can Apply for LMIA?
An eligible Canadian employer can apply for LMIA if he :
- has a legitimate business in Canada.
- can pay to employees.
- is in a genuine need for a foreign worker.
- has not laid-off employees in the 12-months period preceding application.
- has made genuine attempts to hire Canadian citizens and permanent residents.
LMIA exemptions :
- International Mobility Program
- International Agreements
- North American Free Trade Agreement (NAFTA)
- Canada-Chile FTA / Canada-Peru FTA / Canada-Colombia FTA / Canada-Korea FTA
- Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
- General Agreement on Trade in Services (GATS)
- Canadian Interest Exemptions
- Intra-Company Transferees