Labour Market Impact Assessment
In most of the cases, Canadian employers need to apply and obtain a positive Labour Market Impact Assessment in order to hire foreign national. Labour Market Impact Assessment is an application submitted to Employment and Social Development Canada to confirm that there is a need for a foreign worker to fill the job that no Canadian’s permanent resident or citizen are available to do the job. Labour Market Impact Assessment is issued for specific period of time and for specific job location and work activities. The name of the foreign worker can be either included in the LMIA application, or it can be nu-named LMIA. Once positive LMIA decision is obtained, it must send to the foreign worker to included it in his work permit application.
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LMIA Approval Factors
There are several factors that are considered when assessing the Labour Market Impact Assessment application:
- Work condition and employment contract: factors such as wages, working condition, working hours, safe working environment are being considered. The overall working conditions and offered wages must be sufficient to attract Canadian citizen or permanent resident.
- Recruitment efforts: The employer must show that he made reasonable efforts to hire Canadian citizen or permanent residents. The employer must must conduct at least 3 different recruitment activities.
- Business legitimacy: The employer must supply documents along with his Labour Market Impact Assessment application to demonstrate that he has legitimate business and job offer.
- Job creation: a position that help with the creation of new position for Canadian citizen or permanent resident has higher chance of being approved.
- Transfer of skills: foreign workers that have specific skills that can be transferred to Canadian citizen or permanent resident have higher chance of being approved.