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LMIA in Canada
Ilene Solomon Immigration Law guides Canadian businesses through the Labour Market Impact Assessment (LMIA) process. As a seasoned Canadian immigration lawyer, I understand that securing a well-prepared and successful LMIA application can be crucial in strengthening, advancing, or expanding your business. I am committed to ensuring your LMIA Canada application is thorough, accurate, and aligned with the latest regulations and standards.
I also offer my expertise in other areas, such as family sponsorships, study permits, work permits, and more.
What Is an LMIA, and Why Is It Important?
An LMIA is a document that Canadian employers need to obtain before hiring foreign workers, with some exceptions under agreements like CUSMA/NAFTA and GATS. A positive LMIA proves that no Canadian citizen or permanent resident is available to fill the job position, justifying the need for a foreign worker. This document is essential for employers looking to hire internationally and contributes significantly to successfully acquiring work permits for foreign employees.
Requirements for a Successful LMIA Application
My role as your Canadian immigration lawyer is to ensure that your LMIA Canada application meets all necessary requirements, including:
- Recruitment Efforts: Demonstrating that genuine efforts were made to hire Canadian citizens or permanent residents before seeking a foreign worker.
- Wages: Ensuring the wages offered are consistent with the prevailing wage rates for the occupation in the specific region.
- Working Conditions: Verifying that the working conditions comply with current provincial labour market standards.
- Benefits to the Canadian Labour Market: Highlighting any potential benefits of hiring a foreign worker, such as job creation or the transfer of skills and knowledge.
- Transition Plans: For high-wage positions, showing increased efforts to hire Canadians in the long term.
Understanding the New LMIA Regulations
Recent changes to Canada's Temporary Foreign Worker (TFW) Program have introduced key policy changes:
- Validity Extension: Effective April 4, 2022, LMIA validity has been extended from 9 months to 18 months.
- Employment Duration: The maximum employment duration for high-wage and Global Talent Stream LMIAs now extends from two years to three years.
- Sector-Specific Rules: Specific sectors can now hire a higher percentage of their workforce through the TFW Program for low-wage positions.
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FEES
I offer consultations for CAD$375, which is deducted from the legal fee if I am retained to complete your file. Consultations are not time-limited; we discuss goals, canvas all options, and address your questions for as long as needed to ensure you leave with a thorough understanding. All matters are billed on a flat fee basis so you will know how much your file will cost before it begins. Fees are based on the amount of work required and the complexity and urgency of the issues involved. I am happy to discuss payment plans.
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