LMIA

The Employment and Social Development of Canada department evaluate the LMIA process of Canada overseas. As per the Analysis, ESDC will take the following elements into consideration for the job offer:

• Is the foreign worker being offered a salary persistent with the occupation area’s average where the position is situated?
• Are the conditions of work coherent with the labor laws and/ or the agreements of collective bargaining.
• Is there a shortage of labor for that occupation area the position is situated in?
• Is there a continuous labor dispute in the industry or/and in the company?
• Has the employer situated in Canada tackled efforts in order to seek a Canadian that would fill that position?
• Will the overseas worker be talented enough to pass on the expertise and the unique skills to Canadians?
• Will employing an overseas worker help to retain or create jobs for the citizens of Canada?
• Will the overseas worker be a Canadian employer’s employee, by which the overseas worker is going to anticipate a full-time work based at a wage that is pre-determined?

The TFWP has a division of two streams for workers who are low skilled and one for High Skilled. The Skill level positions 0, A, and B of the system of NOC or National Occupational Classification are located in the Higher-Skilled category. The Skill level positions of C and D are located in the category of Lower Skilled.

The two of the Streams carry sub- Streams further:

1. The High Skilled Occupations Stream- Workers with a Higher wage.
2. High Skilled Occupations Stream- Workers with a Lower Wage.
3. The Lower Skilled Occupations Stream- Workers with a higher wage.
4. The Lower Skilled Occupations Stream- Workers with a Lower Wage

Situations where the prevailing wage rate as laid by ESDC, is underneath the territorial or provincial median wage will consider the low wage. The positions where the persisting wage is at or above the territorial or provincial median wage will consider the High wage.

Therefore, when evaluating the particular stream to follow:

1. Recognize the skill level of the Job title inside the NOC matrix.
2. Evaluate whether it is a Lower Skilled or  Higher Skilled.
3. Visit www.jobbank.gc.ca and click,” By Wages” in the menu.
4. Type the NOC Job title code or the name.
5. Track the geographic location of where the job is situated.
6. Recognize the ” Median Wage” for that particular location. This will be the “Prevailing rate of wage” for this specific occupational area.
7. Evaluate the prevailing rate of wage against the territorial/ provincial median wage cataloged in the above chart.
8. If the prevailing rate of rate is beneath the territorial or provincial median wage, it will be considered as a low wage. If the persisting wage rate is above the territorial/ Provincial median rate of wage, then the High wage will be taken into consideration.

Occupations for processing priority at the time of Covid-19.

1. 1. The Higher Skilled Occupations Stream- Workers with a High wage
      1. Provincial/ National Job Bank for at least 4 Weeks( must remain attached until the issuing of the LMIA)
      2. Two other advertising sources, one of which must be of the national
         Employers must fill in a brief transitional plan (explanation in the next Section)
   2. The Higher Skilled Occupations Stream- Workers of a lower Wage.
      1. Provincial/ National job Bank for at least 4 weeks( must be posted until the issuing of the LMIA)
      2. Two other advertising sources, one of which is national.

Cap on a lower Wage short term foreign workers.

Employers having 10 or more employees bearing on a new LMIA under this stream are subject to a cap, that is 10 percent of short-term foreign workers who may be hired at the worksite. There are irregularities to the cap on temporary foreign workers with a low wage.

1. The Lower Skilled Occupations Stream- High wage workers.
   1. Provincial/ National Job Bank for at least 4weekss( must be posted until the issuing of the LMIA)
   2. Two other advertising sources, one of which must pick out on under-represented groups.

   Transition Plan
   Employers must fill in a briefed transition plan( explanation in the next section)

2. The Lower Skilled Occupations Stream-Workers with Low Wage
   1. Provincial/ National Job Bank for at least 4 weeks( must be posted till the Issuing of LMIA)
   2. Two other advertising sources, one of which must be a pick out for groups under-represented

Caps on Temporary Overseas workers with a Low -wage

Employers having 10 or more employees giving their application for a fresh LMIA under this stream are subject to 10 percent cap of temporary overseas workers who may be hired at that worksite (explanation is given below)

The LMIA process was facilitated by the Province of Quebec.

Employers of the Quebec Province can fill in the chosen positions without the inclusion of any evidence of recruitment efforts. The catalog of eligible Occupations for the LMIA process that is functional is currently available ( French Page Content)

*In the British Columbia Province, employers must be registered with the government of the province in order to employ a temporary overseas worker with the help of LMIA.

You can get an expert who will answer all your questions, whether you be a Canadian Employer or a candidate with a job offer, you can indulge in a conversation with an experienced professional in order to simplify the process.

Employers who use the process of LMIA to employ overseas workers does show steps that are adequate to reduce relying on temporary overseas Workers with time. Employers will be expected to dynamically indulge in activities to recruit, employ and train Canadians.

Canada will be needing employers to tackle activities along with the Advertising requirements and existing recruitment. These include:

1. Three additional activities of recruitment
2. One additional activity that targets groups that are under-represented (aboriginal people, Disabled Canadians, youth, and the aboriginals.
3. One activity that will assist temporary overseas workers to transition to Permanent residency (like providing them with the Job offers that would be permanent)

Employers will have to prepare projected estimations of the Canadian Citizens/ Permanent Residents they might recruit through these activities. They would also be required to supply suggested timelines for the outlined activities.

Lastly, employers will be needing to report results to ESDC with regards to activities they executed as a segment of the transition plan. The results would be in comparison to the yielded projections and will be measured if the employer is examined or turns out to apply again for an LMIA in the future.
Employers can ask for an exemption from needing to submit a transition plan provided if they prove that the applied position will be requiring a unique skill set or is project/ contract based.

Employers having 10 or more employees who are putting in an application for a new LMIA are subject 10 percent Cap of TFWs who may be hired in positions of a lower Wage.

ESDC will not process LMIA applications any longer in the Food services, accommodation, and Sectors of Retail trade for certain positions with a rate of unemployment at or above 6 percent, barring for a smaller number of postal codes in Yellowknife, NWT.

The Refusal of Alberta to process occupations list.

The Duration of Work Permit
For all positions that are of low wage, the work permit duration set out in LMIA is shortened to 1 year at its maximum.
10- Day Highest Demand Processing
Shortest Duration and Highest paid occupations
LMIAs for a really high demand occupation, highly paid ( Top 10 percent) or short-duration work periods( 120 days or less) are given within service standard of 10 business days.

A Towering Demand occupations list:
The service standard which is of 10 days is restricted to the skilled trades where the persisting rate of wage is at or above the territorial/ provincial median wage.
A catalog of Skilled trades that has eligibility for 10 days of Speed Service.

Occupations with the Highest Pay:
If the persisting wage rate of the occupation is above the indicated figure given below for the Province with regards to the application of LMIA, the application is deemed to be evaluated for 10 business days or less.

The 10- day service standard would be available for employers looking to employ temporary overseas workers for a tenure of 120 calendar days and where the persisting occupation wage rate is at or above the median wage of the territory or province.

For every requested Job position, employers will have to pay an application fee of CAD $1000. This fee is per position, not application, and workers should not pay this fee.

Therefore, if the application of LMIA is requesting for 10 positions, the due amount of the application fee would be CAD$10,000.

Employers are responsible for the promises they make in the applications for LMIA.

Particular emphasis is on the suggested activities in their plans for transition. ESDC often goes after employers through audits. ESDC will also evaluate putting forward results if the employers decide to reapply.

Employers looking to employ with the assistance of an LMIA must be capable of articulating business challenges, as well as control an abundance of details. No secret formula is available to obtain a positive LMIA.

It’s more about having the briefed guidelines followed, being attentive towards minutiae, and giving a fluent position. Most of the program officers are educated, reasonable, and get an insight into a broad number of industries all over Canada. Their decisions are mostly on market indicators z internal labor as well as Information that the employer submits. A positive LMIA can only be issued provided these two things intersect correctly.

Program officers are really hard at the employers who would want to avoid the system. They don’t take things too kindly towards dishonest employers who are really filthy and fraudulent with the recruitment efforts.

Successful applications of the LMIA are brief, logical, and appropriately enunciated pieces of business communication, they are not merely piled-up application forms and fewer job postings.

1. It is the employer’s duty or their representative to make explanation very clear and precise to the presiding officer:
2. What are the means adopted to hire and train Canadians.
3. Why are they having a tough time recruiting Canadians?
4. What is the plan formulated to train Canadians in order to avoid relying on overseas temporary workers.
   The manner in which the Canadian labor market would be at an advantage from hiring temporary overseas Workers through filling up shortages of labor, creating jobs, and transferring skills.
5. The Employer’s intention to obey all the applicable Labour laws of Canada as they are connected to hiring overseas Workers.

Acquiring a positive LMIA takes an anxious detailed attention and an extended length of work. By ensuring the guidelines are carefully followed and making the Program officer a clear position, the chance of getting a result that is favorable would be massively increased.