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LMIA

When does a Canadian employer need an LMIA, and how does it work?

An LMIA is a Canadian assessment confirming that hiring a foreign worker is justified given the domestic labour market. It generally requires advertising and recruitment efforts, offering prevailing wages, and demonstrating no suitable Canadian or permanent resident was available. Many hires are exempt — and exempt routes are usually significantly faster.

What to do next

  1. Check for an exemption first

    Intra-company transfers, trade-agreement categories, and certain other roles are LMIA-exempt. Establishing an exemption is often faster and cheaper than running the assessment.

  2. Run recruitment properly if required

    Advertising requirements, duration, and documentation are prescribed. Incomplete recruitment records are a leading cause of refusal, so document everything contemporaneously.

  3. Prepare for ongoing compliance

    Employers must honour the wage and conditions offered and keep records, and are subject to inspection. Non-compliance can bring penalties and loss of the ability to hire foreign workers.

Frequently asked questions

How long does an LMIA take?

Processing varies by stream and region and has changed repeatedly. Check current published times, and build a buffer into any start date.

Can we hire before approval?

No. The worker needs valid authorization first, and working without it has serious consequences for both parties.

What wage must we offer?

Generally the prevailing wage for the occupation and region. Underpaying relative to the assessment is a compliance breach.

What if the LMIA is refused?

You may be able to address the deficiency and reapply, or pursue an exempt category. Get advice on which is realistic before repeating the same application.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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