Labour Market Impact Assessment (LMIA)

A Labour Market Impact Assessment (LMIA) is an opinion provided by an officer acting on behalf of Employment and Social Development Canada (ESDC) regarding the effect that hiring a foreign national will have on the Canadian labour market.

This opinion is issued in the form of a document that may be positive or negative. It determines whether a Canadian employer is permitted to hire a foreign national for work in Canada. In many cases, a foreign national will require a positive LMIA before a work permit can be issued.

However, not every type of foreign employment requires an LMIA. Employers may be exempt when hiring through programs such as the Global Talent Stream, Intra-Company Transfer Pathway, Canada’s Free Trade Agreements, International Experience Class (Working Holiday Visa), or other eligible pathways.

LMIA Application Process

There is a six-step process that a Canadian employer must typically follow to obtain a positive LMIA:

1. Determine whether you are eligible to apply for an LMIA.
2. Ensure compliance with LMIA eligibility and advertising requirements.
3. Submit the LMIA application through the online portal.
4. Have ESDC assess the application and supporting evidence.
5. Participate in an interview with ESDC, if requested.
6. Receive a positive confirmation from ESDC.

This simplified overview does not capture the full complexity of the LMIA process. Employers must carefully assess eligibility, advertising compliance, and determine which LMIA stream best aligns with their business objectives. Each stream has its own specific rules and advertising requirements.

At Parush Mann Law, we regularly assist Canadian employers in determining whether an LMIA is the right solution for their labour needs. We work with both large corporations and small retail businesses, taking the time to understand each client’s operations, develop effective legal strategies, and implement cost-efficient solutions.

LMIA-Exempt Work Permits

Businesses seeking to establish a presence in Canada may qualify for an LMIA-exempt intra-company transfer work permit. This option is designed for individuals planning to expand into the Canadian market and set up operations before hiring locally.

There are also pathways for investors or business operators to apply for a work permit that allows them to work in Canada as self-employed individuals. Through this route, applicants may purchase an existing business or establish a new one in Canada.

Canadian business immigration is among the most complex and challenging pathways to permanent residence. The process involves multiple legal and procedural steps that can be difficult to navigate without professional guidance.

At Parush Mann Law, our Canadian immigration lawyers can evaluate which business immigration program best suits your needs. With extensive experience in the Canadian immigration system, we help clients successfully navigate this complex process.