Employers are required to apply for a Labour Market Impact Assessment (LMIA) before they can hire Overseas workers In most cases, ( find out the exemptions including GATS & NAFTA ).
A Canadian employer has to prove that, there is no Canadian citizens or permanent resident worker available for this particular job in question and an Overseas worker is therefore required.
LMIA applications should show the following:
- Efforts made to recruit available Permanent residents, Canadian citizens.
- Working conditions for the occupation must meet the current provincial labor market standards(LMS).
- Transition plans will be required for high salary positions whereby employers must demonstrate increased efforts to hire Canadian citizens in the long-term.
- Any potential benefits that hiring an Overseas worker might bring to the Canadian labor market, such as the creation of new jobs or the transfer of skills and knowledge.
- The salary offered for the position is consistent with the prevailing basic salary rate paid to permanent residents/Canadian Citizens in the same job in the region.
The positive LMIA is provided to the Overseas national worker to submit with his/her application for a work permit, which is typically issued for one year if granted.
LMIAs are overseen by Employment/Social Development Canada and have an associated application fee of One Thousand Canadian Dollars for each temporary Overseas worker position applied for.
There are shorter processing times of Ten days available for highest-demand, highest-paid and shortest duration occupations, i.e. skilled trades within top 10% of pay bracket and for positions that are less than one hundred and twenty days.