Generally, a positive result is sought by Canadian employers when applying for a Labour Market Impact Assessment (LMIA).
Here’s a case where a positive LMIA was challenged. Why? What’s to learn from it? Read on.
LMIA explained
Labour Market Impact Assessment (LMIA) is a mechanism to ensure Canadian jobs are extended to Canadians and permanent residents first. In other words, LMIA is to examine if a vacant position in Canada has to be offered to a foreign national because no Canadians nor permanent residents are available for the position. An LMIA is a prerequisite for applying for a work permit by foreign workers whose work permits are issued under the Temporary Foreign Worker Program (TFWP). When employers in Canada intend to hire a foreign national through the TFWP, which means that the intended foreign worker is not eligible for work permits prescribed in sections 204 to 208 of the Immigration and Refugee Protection Regulations, SOR/2002–227 (IRPR), namely, International Mobility Program (IMP), the employers need to obtain a positive LMIA. Employers applying for an LMIA must pay a $1,000 processing fee for each foreign worker according to subsection 315. 2(1) of IRPR. Therefore, generally speaking, a positive LMIA is the outcome employers would expect when applying for an LMIA.
Employment and Social Development Canada (ESDC) is the federal department responsible for LMIA processing. ESDC officers assess LMIA following the six factors prescribed in subsection 203(1) of IRPR, including the hiring and retention of Canadian and permanent resident workers, the labour shortage, etc. Subsection 203(2.1) of IRPR requires ESDC officers to assess LMIAs based on information provided by the employer applicant and other relevant information. After a positive LMIA is issued by ESDC, the employer will provide it with the intended foreign worker for the worker to apply for a work permit, which will authorize its holder to work in Canada for the employer specified on it.
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