Employers in Canada planning to hire foreign workers must first apply for the Labour Market Impact Assessment (LMIA). Employers must first ensure that there is no Canadian citizen or permanent resident to fill the job vacancy. Employers must also be aware of the processing times and factors that could delay the processing of documents.
Once the recruitment efforts are completed, the employer can submit the LMIA application to Employment and Social Development Canada (ESDC). The application must include specific details, such as job descriptions, wage rates, and proof of recruitment efforts.
ESDC assesses the application based on several factors, including the impact of hiring a foreign worker on the Canadian labour market, wage levels, and working conditions.
ESDC will issue a positive LMIA if it determines that hiring the foreign worker will benefit the labour market. The employer can then proceed with hiring the foreign worker.
When the application processing time starts
LMIA processing times start once the complete application is submitted online.
An application is complete when:
- All required documents are provided.
- The employer has signed all the necessary documents.
- The processing fee (if applicable) is paid.
For positions in Quebec for an employment period of more than 30 consecutive days, an application is complete when:
- It is submitted at the same time to Service Canada and Quebec’s Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) (French only).
- It is submitted in the format required by the provincial government.
- The names of the TFWs are included.
When the application processing time ends
The application processing time ends when you receive a decision letter from Service Canada. You’ll get either a positive or negative decision on your LMIA. If your LMIA is positive, provide a copy of the decision letter to the TFWs so they can apply for a work permit.
LMIA Applications for each stream
LMIA applications are tailored to the nature of the job and the worker being hired.
1. Global Talent Stream
Employers in industries with significant skill shortages, particularly in tech and innovation, can expedite the LMIA process.
2. Agricultural Workers
Canada’s agricultural sector has a separate LMIA process because of the high demand for temporary foreign workers in this field.
3. Seasonal Agricultural Workers
The expedited period of six days aligns with the agricultural sector’s urgent need for temporary foreign workers during peak seasons.
4. High-Wage
These positions offer wages above the provincial or territorial median wage.
5. Low-Wage
For positions below the median wage, employers must adhere to specific caps on the number of low-wage foreign workers they can hire and provide transportation and accommodation for the workers.
6. In-Home Caregivers
Foreign caregivers will provide child or elderly care at home. They require additional documentation to ensure the safety and well-being of those receiving care.
7. Permanent Residence
This has a longer processing time, reflecting a thorough review required, as these applications are tied to permanent immigration pathways and not temporary work permits.
LMIA Processing Times
Processing times vary based on the type of LMIA applied for and other external factors, such as regional demand and application volume. As of August 2024, the LMIA processing times were:
| Stream | Processing time in business days |
| Global Talent | 7 |
| Agriculture Workers | 14 |
| Seasonal Agricultural Worker Program | 6 |
| High-Wage | 51 |
| Low-Wage | 53 |
| In-Home Caregivers | 24 |
| Permanent Residence | 97 |
The timelines may be longer if ESDC requires additional documentation or clarifications. For urgent needs, particularly in sectors such as technology, the Global Talent Stream offers a faster turnaround time, making it an attractive option for employers facing critical skill shortages.
Factors Affecting LMIA Processing Times
Factors that can impact the LMIA processing time, include:
1. Completeness of the Application
Incomplete applications can lead to significant delays.
2. Volume of Applications
During peak seasons, especially in agriculture, applications can increase dramatically, resulting in longer wait times.
3. Additional Requests for Information
If ESDC requires more information or clarification on the application, processing may delay.
LMIA’s Role in the Canadian Labour Market
The LMIA plays a pivotal role in balancing the needs of Canadian employers and the Canadian workforce. While time-consuming, this process is critical in ensuring that the employment of foreign workers does not negatively impact Canadian workers’ access to jobs.
The LMIA process ensures that foreign workers receive fair wages and work according to Canadian standards. This protects the workers and provides a level playing field in the Canadian labour market, preventing exploitation and unfair competition based on wage differences.
With varying processing times based on job types, industry demands, and application completeness, employers must diligently prepare their applications to avoid delays. The LMIA’s role in safeguarding the Canadian workforce while addressing labour shortages ensures that Canada’s economy remains dynamic, inclusive, and fair for all workers.
For employers looking to hire foreign workers, understanding the complex LMIA process and the factors influencing processing times is essential to achieving timely results and maintaining compliance with Canadian labour laws.
FAQ on LMIA Processing Times for Canadian Work Permits
What is the typical LMIA processing time?
LMIA processing times vary depending on the job stream. For example, as of August 2024, Global Talent Stream applications are processed in about 7 business days, while low-wage positions may take up to 53 business days. Factors like seasonal demand and application volume can also affect these times. Employers can consult Service Canada’s website for up-to-date processing timelines specific to their industry or worker category.
How can employers ensure faster LMIA processing?
To speed up LMIA processing, employers should submit a complete application with all necessary documents, ensure they meet recruitment efforts, and pay the required fees promptly. For urgent needs in sectors like technology, the Global Talent Stream offers a faster processing time. Employers should also be prepared to quickly respond to any requests for additional information from Employment and Social Development Canada (ESDC).
What factors can delay LMIA application processing?
Several factors can delay LMIA processing, such as incomplete applications, a high volume of submissions, or requests for more information by ESDC. Certain streams, like agriculture, experience seasonal peaks, leading to longer processing times. Employers should plan ahead, especially for positions in sectors with higher demand, and ensure all documentation is provided upfront to avoid delays.
When does the LMIA processing time officially begin?
LMIA processing begins once a complete application is submitted to Service Canada. This includes all required documents, signatures, and payment of applicable fees. In Quebec, the application must also be submitted to Quebec’s Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) for approval. Applications missing any information are not considered complete and can result in delays.
What happens after receiving a positive LMIA?
Once a positive LMIA is received, the employer must provide a copy of the decision letter to the foreign worker, who can then apply for a work permit. The LMIA confirms that hiring the foreign worker will benefit the Canadian labour market and that no Canadian citizen or permanent resident is available to fill the position. A positive LMIA is a key step in the hiring process for foreign workers in Canada.
