The LMIA process in Canada demonstrates that no Canadian citizen or permanent resident is ready, willing, or able to fill a particular role in Canada, allowing the employer to recruit a foreign worker. Employers must advertise the vacancy for at least four weeks and potentially interview applicants who are Canadian nationals or permanent residents to receive an LMIA.
Only then, and only if the company can show that the interviewees did not meet the job requirements, would the company be allowed to employ a foreign worker. Before starting work in Canada, the worker must apply for a Canadian work permit, which the LMIA will fund.
LMIA systems are complex and necessitate a great deal of documentation and statistical analysis. A numerical overview of the number of Canadian applicants for the position, the number of job offers made, and the number of unqualified applicants is just a few examples. Employers must have a written explanation of why each Canadian who was not hired was unfit for the position. Work permit sources that are LMIA-exempt fall under the International Mobility Program, which does not require the issuance of an LMIA for all forms of work permits.
How Canada Makes Decisions on LMIA Applications
Employment and Social Development Canada (ESDC) decides whether or not to grant a constructive LMIA, which is then forwarded to Immigration, Refugees, and Citizenship Canada (IRCC).
The employer is then notified of the final LMIA decision by IRCC. ESDC considers a number of considerations when making an LMIA decision, including:
The effect of employing a foreign worker on the Canadian labour market.
The salaries and working conditions are available to foreign workers.
The availability of Canadian citizens or permanent residents to perform the task at hand.
Whether recruiting the foreign worker would result in a transfer of valuable information and skills.
Whether or not recruiting foreign worker would assist in the creation of jobs for Canadian citizens and permanent residents.