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Labour Market Impact Assessment, LMIA (former LMO)This is a cost and time extensive process,and we we offer two services: Either ‘Guidance Due Process’ OR ‘Complete Preparation’. Kindly contact us for a quote. The following provides a summary of the process and the complexity of a LMIA. Employers who want to hire a foreign worker must submit the Labour Market Impact Assessment (LMIA) application along with all the required supporting documentation to Employment and Social Development Canada (ESDC)/Service Canada. In essence, employers are applying for an opinion on the impact that hiring a foreign worker would have on Canada’s job market. As a result, it is important that employers follow all the necessary steps and submit all of the required documentation. Under the Stream for Higher-skilled Occupations, employers can hire foreign workers in higher-skilled positions such as: management, professional, scientific, technical or trade occupations. Employers can hire skilled foreign workers to either support the worker’s:
Supporting Employment for a Temporary PositionStream for Higher-Skilled Occupationsa) position must require education or formal training such as:
Transition to a Canadian WorkforceEmployers must engage in activities to transition to a Canadian workforce and reduce their reliance on TFWs. The specific requirements an employer must follow are determined by the wage being offered for the position, in relation to the provincial/territorial median hourly wage, based on Statistics Canada’s Labour Force Survey (2013). Employers offering a wage to a TFW that is:
b) Academics
c) Film and Entertainment Occupations
Supporting a Permanent Residence ApplicationEmployers who wish to hire skilled foreign workers and support their permanent resident visa application can make a job offer under Citizenship and Immigration Canada’s (CIC) Express Entry system. The job offer must meet the criteria of 1 of the listed economic immigration programs. These programs include: Federal Skilled Workers Program (FSWP)
Federal Skilled Trades Program (FSTP)
Canadian Experience Class (CEC)
Employers are not eligible to make a job offer to a foreign worker under these immigration programs, if they are:
Employers who wish to hire skilled foreign workers through 1 of these immigration programs may also want to hire these workers temporarily while their application for permanent residence is being processed by CIC. As a result, employers can apply for a dual intent Labour Market Impact Assessment (LMIA) which requires paying the processing fee. These dual intent LMIAs can be used to support the foreign nationals’ application to CIC for a:
Labour Market Impact Assessment ProcessAll LMIA applications go through a systematic assessment process to:
ESDC/Service Canada will ensure that the employer has met all the Program Requirements. Once the assessment process is complete, the employer will be notified in writing of the final decision. Proof of AdvertisementEmployers must demonstrate that they meet the advertising requirements by providing proof of advertisement and the results of their efforts to recruit Canadian and permanent residents (e.g. copy of advertisement and information to support where, when and for how long the positions was advertised). Records of the employers’ efforts should be kept for a minimum of 6 years. This documentation can be requested at any time by ESDC/Service Canada, for a period of 6 years, beginning on the first day of the period of employment for which the work permit is issued to the foreign worker.
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