LMIA APPLICATION

Employers will be required to provide a variety of information about the position for which they want to hire a foreign worker, including the number of Canadians who applied for the position, the number of Canadians who were interviewed, and detailed explanations for why the Canadian workers considered were not hired.
In their analysis of the offer of employment, ESDC will consider the following elements:

FACTORS that ESDC consider when assessing employment offer:

• Verification of employment contract: whether employment contract is genuine.
• Recruitment efforts: employers must show that they made reasonable efforts in hiring Permanent Residents and Canadians before offering it to foreign worker. Onus is on the employer to prove that no PR or Canadian is available. Efforts include advertising job-in particular, underrepresented groups in the workforce (e.g. Aboriginal, youth, older workers, person with disabilities, newcomers)
• Union consultation: employers must consult all unions and professional associations, letter of consent from them must be attached to the Application for LMIA. Employment of foreign worker must not affect any settlement of any labor dispute in progress or employment of any other person involved in that dispute.
• Job creation: a position that is likely to help job creation or job retention for Canadian Citizens or permanent residents has a greater chance of being approved.
• Transfer of skills: Workers who are likely to transfer skills and knowledge for the benefits of Canadian or Permanent residents are favoured.
• Labor shortage: ESDC consider if worker is likely to fill a labour shortage that results from skill shortage in Canada.
• Wages and working conditions: wages and working conditions that are offered should be sufficient to attract Canadians or permanent residents. TFW has the same rights too. Health and labour standards such as safe working conditions for all workers are considered.

Find out if you need a Labour Market Impact Assessment (LMIA) and how to hire a temporary foreign worker. Click Here for more info.

MINIMUM ADVERTISEMENT REQUIRED

Advertisement on recognized internet recruitment sites: trade journals, newsletters; or national newspapers; or by consulting unions or professional associations. Also, must show advertisement of GC’s national Job Bank (or equivalent of BC, Saskatchewan, Quebec, Newfoundland, Labrador, and NW territories. Minimum time: Depends on the stream, starting from the first day the ad appears and is accessible to general public

There is still a lot that you need to know, there are several other important factors that should be considered. This is why you need the experts’ advice.