How an employer applies for an LMIA

The LMIA is the employer's part. Workers don't apply for it, but knowing the process helps you tell whether an employer is doing things properly.

Step 1: choose the stream

ESDC has several LMIA streams: high-wage, low-wage, primary agriculture, permanent residence support, the Global Talent Stream, caregivers, academic positions, and a separate process in Quebec. The offered wage compared with the province's hourly threshold decides between high-wage and low-wage.

Step 2: try to hire Canadians first

For the high-wage stream, according to ESDC, the employer must:

• carry out at least 3 different recruitment activities;
• advertise on the Government of Canada's Job Bank (or justify an alternative);
• use at least 2 more methods suited to the occupation, one of them national in scope;
• advertise for at least 4 consecutive weeks within the 3 months before applying;
• keep records of recruitment efforts for inspections.

According to ESDC, depending on the stream, ads must run for 14 days to 8 weeks in the 3 months before applying; that time isn't counted in processing times.

Step 3: prepare the application

• Proof the business is legitimate: the latest business licence and CRA tax documents.
• Proof of recruitment and advertising.
• A transition plan for high-wage positions: activities to recruit, retain and train Canadians and reduce reliance on foreign workers.
• Provincial employer registration when hiring in British Columbia, Manitoba, Saskatchewan or Nova Scotia.

Step 4: apply and pay

• Apply through LMIA Online, using a Job Bank for employers account.
• Apply up to 6 months before the expected start date.
• CAD 1,000 processing fee per position (where applicable). Fees aren't refunded if the application is withdrawn.

Step 5: after the decision

If the LMIA is positive, the employer gives the worker a copy of the decision letter and Annex A to apply for the work permit.

Note Employers are responsible for anyone recruiting on their behalf. Charging recruitment fees to workers leads to a negative LMIA.