A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to receive prior to hiring a

foreign worker Foreign workers or guest workers are people who work in a country other than one of which they are a citizen. Some foreign workers use a guest worker program in a country with more preferred job prospects than in their home country. Guest worker ...

. When a Canadian employer is seeking to hire a foreign worker, it must first be determined if an LMIA is needed or if the position is LMIA-exempt before applying for a work permit. A work permit allows a foreign worker to legally work in Canada and is granted by

Immigration, Refugees and Citizenship Canada Immigration, Refugees and Citizenship Canada (IRCC; french: Immigration, Réfugiés et Citoyenneté Canada)Immigration, Refugees and Citizenship Canada is the applied title under the Federal Identity Program since 2015; the legal title is Departm ...

if applying online or in paper, or by

Canada Border Services Agency The Canada Border Services Agency (CBSA; french: Agence des services frontaliers du Canada, ''ASFC'') is a federal law enforcement agency that is responsible for border control (i.e. protection and surveillance), immigration enforcement, and cu ...

if applying in person at a

port of entry In general, a port of entry (POE) is a place where one may lawfully enter a country. It typically has border security staff and facilities to check passports and visas and to inspect luggage to assure that contraband is not imported. Internati ...

. If the position that the employer is hiring the foreign worker for requires an LMIA, it must be confirmed before a Canadian employer can hire a temporary foreign worker in Canada. A positive LMIA, sometimes called a confirmation letter, indicates that there is a need for the temporary foreign worker and that no Canadians or permanent residents of Canada are available to do the job. To obtain an LMIA, an employer must send an application to the Temporary Foreign Worker Program administered by

Employment and Social Development Canada Employment and Social Development Canada (ESDC; french: Emploi et Développement social Canada; french: EDSC, label=none)''Employment and Social Development Canada'' is the applied title under the Federal Identity Program; the legal title is Dep ...

. There are some exceptions which allow a Canadian employer to hire a foreign worker and for the foreign worker to be issued a work permit without an LMIA confirmation. There is a list of LMIA-exempt jobs and their corresponding exemption codes provided by the

Government of Canada The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown ...

. With the

COVID-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identif ...

and the resulting high unemployment rate in Canada, Service Canada has delayed the processing of certain types of LMIA applications. As of August 2020, there is an indication that the Owner Operator category of LMIA processing has resumed. On April 1st, 2021, Service Canada removed the Owner Operator advertising variation and the alternative approach for a business owner now requires an advertising period and can be successfully navigated as a Self-Employed LMIA.

References

{{Canada-law-stub Canadian immigration law