LMIA Process Guide for Canadian Employers and RCICs

The Labour Market Impact Assessment is the federal certification most foreign workers need before receiving a closed work permit in Canada. The LMIA process is employer-driven: the Canadian employer applies to Employment and Social Development Canada to demonstrate that no qualified Canadian or permanent resident was available for the position.

What is an LMIA?

An LMIA is an ESDC determination that hiring a foreign national for a specific position will not negatively affect the Canadian labour market. A positive LMIA tells IRCC that the employer conducted genuine recruitment, the offered wage meets Canadian standards, and employment terms meet legal requirements. A positive LMIA is required for most closed work permits. LMIA-exempt positions (covered by CUSMA or the International Mobility Program) require an Offer of Employment through the ESDC Employer Portal instead.

Who can apply for an LMIA?

The employer applies, not the foreign worker. The employer must be a legitimate Canadian business with a valid CRA business number, not on the ineligible employer list, without recent mass layoffs replacing Canadians with TFWs in the same occupation, and with financial capacity to pay the offered wage.

LMIA streams

High-wage positions (at or above provincial median wage): Standard LMIA process. Employer must demonstrate advertising across multiple platforms for a minimum period.

Low-wage positions (below median wage): Additional restrictions including caps on the TFW proportion of the workforce, transition plans to reduce TFW reliance, and stricter housing requirements.

Global Talent Stream (GTS): Fast-tracked LMIA for technology positions targeting 2-week processing. Category A requires a GTS referral partner referral; Category B is available without referral for positions on the in-demand occupation list.

Seasonal Agricultural Worker Program (SAWP): Specific stream for agricultural employers hiring from designated countries under bilateral agreements.

Recruitment requirements

The most critical part of most LMIA applications is the recruitment documentation:

Minimum advertising period: Typically 28 days for most positions, beginning before the LMIA application is submitted.

Mandatory platforms: The Job Bank is mandatory plus at least two additional platforms consistent with the occupation. Professional association job boards for professional occupations; union halls and trade-specific boards for trades.

Recruitment records: Copies of all ads, dates run, applications received from each source, and reasons why each Canadian or PR applicant was not selected. Reasons must be legitimate labour market reasons, not pretextual.

Application and after

Applications are submitted through the Employer Portal with the business profile, position details, and recruitment summary. Processing times: GTS targets 2 weeks; standard high-wage takes 2-5 months.

A positive LMIA has 6-month validity for the employer. The foreign worker applies for a work permit using the LMIA number and approval letter. The work permit is employer-specific and position-specific.

RCIC role

Advising on LMIA eligibility and application preparation is within RCIC scope; employment law advice is not. If the engagement requires both, engage a collaborating employment lawyer. Document all employer advice in the client file, including any advice that the position may be LMIA-exempt.