Regular Process with LMIA (LMO)

*Previously labour market opinion or LMO

SPECIAL NOTE: In a major policy change announced July 1, 2014, the Canadian government implemented material changes to the LMO (now LMIA) and Temporary Foreign Worker Program (TFWP). The contents in these web pages include these policy changes. For more information on the specific changes implemented in July, consult our Press Release.

Unless eligible for special waivers, Canadian companies who want to sponsor a foreign worker must first get “permission” from Employment and Social Development Canada (ESDC) to hire a non-Canadian (or permanent resident of Canada).

The approval process for hiring the foreign worker is commonly referred to as a Labour Market Impact Assessment (LMIA) (or LMO prior to July 2014). If a positive LMIA is granted, the foreign worker is eligible to file a Work Permit at a visa post. If the LMIA is refused, a work permit cannot be filed.

The regular “work permit” stream is an employer-driven process. First, an applicant needs the support of an eligible employer or sponsor before submitting an application for a work permit. Upon obtaining a “positive” LMIA, the employee may then submit a work permit to the visa post serving his country. In most cases, with the notable exception of health and education workers, Americans can apply directly at the border upon arriving in Canada with an approved LMIA.

Obtaining an LMIA is increasingly difficult because it involves convincing the government that a Canadian is not only unavailable in a given local area – but unobtainable following a nationwide recruitment campaign. In short, the Canadian government is not satisfied if an oil company posts an ad for a driller in the local Calgary Herald. Before it can think about hiring internationally, it must post an ad in local and nationally-based mediums such as www.monster.ca so that Canadians from Victoria, BC to Gander, Newfoundland can read about the Calgary opportunity.

Recently, the Canadian government has begun making life extremely difficult for employers with legitimate hiring needs. An employer must offer a prevailing wage, advertise the job for four weeks, and provide a “transition plan” to wean employers from foreign workers.

Fast Track Processing. One positive development of the recent rule changes announced by the government in July 2014 is the possibility to fast track an LMIA. Positions that are temporary (less than 6 months), or whose overall compensation package is within the top 10 percentile of the provincial wage, or fall in a high-demand occupational list may have an LMIA expedited AFTER the mandatory 4-week recruitment campaign within 10 calendar days. Similarly, some positions are exempted from the mandatory 4-week adverting requirement altogether (but may or may not have an LMIA fast-tracked).

Confused yet? In short, now more than ever, an employer needs an experienced and knowledgeable immigration partner who can navigate the panoply of government red tape when it comes to hiring and maintaining an international workforce.

Our firm can assist the employer with government forms, transition plans, and offer letters and can actively manage the entire foreign recruitment process. This includes the recruitment campaign and the wide array of compliance requirements.

Standard LMIA Deliverables to Canadian-based Employers:

• Foreign hiring planning and strategy and review of fast track options
• Preparation of government forms
• Preparation and management of a compliant recruitment campaign
• Write-Up of ESDC-compliant Offer Letter
• Assembly of relevant supporting documentation
• Preparation and maintenance of an ESDC-compliant “Transition Plan”
• Preparation of On-Site/Off-Site ESDC inspections
• Compliance review and management
• Interview preparation with an ESDC officer including executive summary and pointers
• Preparation of the work permit for the Temporary Foreign Worker (TFW) (see below)

Standard Work Permit Deliverables to the Foreign Employee (Applicant):

• Preparation of all CIC forms on behalf of the foreign worker
• Filing and representation of a Work Permit to the Canadian Consulate/Embassy
• Assembly of relevant supporting documentation
• Interview preparation for point-of-entry conduct at the Canadian airport/border
• Preparation and delivery of work permit packets to individual foreign employees for use at the border, including a cellphone number to the leading practitioner in case of an issue at immigration/customs