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LABOUR MARKET IMPACT ASSESSMENT (LMIA) FOR HIRING A FOREIGN WORKER
The Labour Market Impact Assessment (LMIA) of Canada plays a pivotal role by providing evidence that no Canadian citizen or permanent resident within Canada is available for a particular job/position. It serves as a safeguard for both Canada’s domestic workplace and foreign temporary workers. For Canadian employers seeking to hire foreign workers, a valid LMIA document is a mandatory requirement. At VG & Partners, our dedicated team specializes in facilitating and procuring the entire LMIA process.
WHAT IS LABOUR MARKET IMPACT ASSESSMENT (LMIA)?
To be eligible for an LMIA, a position must have been advertised to permanent residents for a minimum of four weeks on the Canada Job Bank before the application process begins. Employers must also provide evidence of at least two additional recruitment alternatives. Only after it is established that a regional Canadian worker cannot fulfill the position, can the process of hiring a foreign worker commence.
Before employing a temporary worker in Canada, employers may request an LMIA. A positive LMIA serves as confirmation that no permanent resident is qualified for the position, often referred to as a letter of confirmation.
A job offer letter is presented by a Canadian employer. It is less detailed than a contract but encompasses all aspects of the specific job, including employee pay and deductions, job responsibilities, and employment conditions such as work hours. It’s important to distinguish a job offer from a job offer letter. If an LMIA is not required for a position, employers follow a distinct procedure under the International Mobility Program.
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PROCUREMENT PROCESS & CHALLENGES
The LMIA process is exceptionally detailed and demands extensive documentation and statistical analysis from employers. The gathered data is submitted to Employment and Social Development Canada (ESDC), which evaluates the application based on its merit.
Employers are required to provide detailed information, including a numerical breakdown of Canadian applicants for the position, the number of job offers extended, and the count of unqualified applicants.
Furthermore, employers must furnish a written explanation of why Canadian applicants were unsuitable for the role and confirm that there is no intent to terminate or reduce the hours of a current employee. If the native language of the foreign worker is other than English or French, ESDC may not approve the application.
SOLUTION FOR CANADIAN EMPLOYERS
VG & Partners, a leading global staffing and outsourcing firm, boasts a team of HR & employment attorneys and ICCRC-certified consultants who excel at assisting employers in streamlining the LMIA procurement process. We offer a fully managed advisory service to Canadian employers, aiding them in locating skilled foreign workers and managing their LMIA requirements.
