Labour Market Impact Assessment Lawyers (LMIA) | CanadaJeff Kahane2021-01-22T17:41:13+00:00
Labour Market Impact Assessments
Labour market impact assessments lawyers help with these assessments which are also known as LMIAs. For most Temporary Foreign Workers wishing to move to and work in Canada, a valid Labour Market Impact Assessment from a potential employer is the key eligibility requirement for a work permit. The Labour Market Impact Assessment lawyers at Kahane Law Office are here to help.
Who Applies for a Labour Market Impact Assessment?
Applying for and receiving a positive Labour Market Impact Assessment is the responsibility of the employe
r in Canada.
An employer looking to hire a Temporary Foreign Worker have a responsibility for certain fees. For example, these fees include: the preparation of documentation, and submission of the application. Temporary foreign workers have limited options with respect to their employment options. Permission exists only for a position that an employer cannot find a suitable Canada Citizen or Permanent Resident to fill.
The Labour Market Impact Assessment is the document utilized by the Canadian government as proof that no Canadian candidate has the ability or desire to fill the position. Labour Market Impact Assessment lawyers help minimize the possibility of a rejected application, save you time, and can help bring in your foreign workers faster.
Labour Market Impact Assessments (previously called Labour Market Opinions) look at the labour market in the area of Canada from which the employer has made an application. Using a number of assessment factors, Service Canada issues decisions on whether there is a labour shortage. They do this task for each particular occupation in a certain area of Canada. Labour market impact assessment lawyers help you negotiate the process of these applications.
The Labour Market Impact Assessment Process
Should Service Canada issue a positive Labour Market Impact Assessment, they will notify the employer of this decision in writing. Once the employer obtaines this approval, they then notify the potential Temporary Foreign Worker by sending them a copy of this approval. Using a lawyer for this application is a good step to ensuring that the application is put forward professionally so that there are fewer complications.
Once in possession of this positive decision by Service Canada, the Temporary Foreign Worker may then apply for a work permit, whether it is an original or extension of an existing permit.
In order to receive a positive LMIA, the Canadian government employee reviewing an application determines the effect on the job market of the person coming to Canada. For example, they look at if the hiring of a foreign worker generally creates a positive or neutral effect on the Canadian labour market. Among other factors, it no ambiguity may exists that no qualified Canadians were passed up in favour of the foreign worker, and that the foreign worker will be given a salary and benefits that meet federal and provincial standards.
High-Wage And Low-Wage Positions
The LMIA process is different depending on whether the targeted employee is classified as “high-wage” or “low-wage”. Temporary foreign workers paid under the provincial/territorial median wage have the distinction as a low-wage position. Conversely, any person paid at or above includes the official status as a high-wage earner.
Depending on whether a prospective foreign national employee is classified as high-wage or low-wage, different specific provisions apply.
Generally speaking, all Canadian employers must provide evidence that they have attempted to find qualified Canadian citizens or permanent residents to fill job positions before turning to foreign workers.
Some applications for LMIAs are eligible for priority 10-day processing.
This condition serves to help expedite the applications. Typically this occurs for the highest paid workers or the most specialized positions or critical employees. This occurs in order to help them come to Canada.
If the position falls under any of the three following categories, employer will benefit from priority 10-day processing:
Highly paid workers:
The positions requested have a prevailing wage that is equal or above the top 10% of wages earned by Canadians or permanent residents in the province/territory where the job is located.
Skilled trades workers:
The positions are for skilled trades on the list of eligible occupations; and
The wage offered is at or above the provincial or territorial hourly median wage.
Short term workers:
Employment is equal to or less than 120 calendar days.
The salary offered considered a high wage (equal to or greater than the provincial or territorial median).
Please note that none of this priority processing applies to individuals applying to the province of Quebec.
Other Important Factors for Temporary Foreign Workers
A positive Labour Market Impact Assessment must not be seen as a guarantee for a
Temporary Foreign Worker to obtain a work permit. There are a number of other areas Citizenship and Immigration Canada assess the applicant under before issuing a work permit. For example, these often include criminality, financial ability, medical, and other aspects. With exceptional experience, our labour market impact assessment lawyers and specialists help present an exceptional application.
Call our Labour Market Impact Assessment Lawyers Today
Our entire immigration law team is available for you. With offices in both Canada and the UK, our labour market assessment lawyers are here when you need us. If you have questions, email us directly here today for the quickest way to get an answer. If you want us to help you, call us 1-877-225-8817 today!