LMIA Processing Time
How long is the LMIA application processing time?
LMIA application processing time is not possible to know for certain exactly. In addition, LMIA processing time can vary between a couple of weeks and a few months to complete. Please note that, according to Employment and Social Development Canada (ESDC), some certain LMIA application processing time will be shortened as less as ten business days. You can read more details about those categories which ESDC promised to handle its LMIA process within 10 business day:
- Every LMIA application that is in skilled trades (highest-demand occupations)
- All highest-paid occupations (which consists top 10%)
- Also, short-duration work periods which covers only 120 days or less
Recently, there is a lot of public discussions regarding the Canadian Temporary Foreign Worker Program (TFWP). The changes made on the Labour Market Impact Assessment in 2019 is still effective. Previously known as a Labor Market opinion, Canadian employers must wait for confirmation from the government. This allows them to be able to hire a foreign worker, which is called a Labour Market Impact Assessment (LMIA).
In general, when a Canadian employer cannot fill the vacant position with a local Canadian employee Service Canada issues an LMIA that helps to hire foreign workers. However, to prove that the candidates are not eligible for that job, the employer should advertise these jobs and make an effort to recruit Canadian workers.
If you have no background information about the LMIA process then applying for LMIA might become a confusing task to follow. Therefore, Canadapt is committed to helping candidates that qualify for LMIA in order to make the application process smooth. Canadapt experts will surely assist on your LMIA application process and as well as the Temporary Work Permit Procedure. Whether you are a Canadian employer or a Temporary Foreign Worker, you can easily contact us. We can guide you through all LMIA process and make sure that your application is processed at ease.
What is the LMIA letter?
Before obtaining LMIA, a Canadian employer will have to wait for a document that is approval from ESDC. Once the employer receives the confirmation letter, which is known as positive LMIA, it means that there is a need to recruit a foreign worker for the vacant position since there is not any Canadian worker available to qualify for that job. Later, in order to get a work permit, the candidate needs to submit his application along with a job offer letter, a contract, a copy of the LMIA, and the LMIA number
What are the recent changes in the Temporary Foreign Worker Program?
Unlike the previous charge for LMOs, which was CAD275 for per worker, the required fee for an LMIA application request now is CAD1000 per worker. In addition, according to the new LMIA system, there will be two categories of jobs: high-wage and low-wage.
High-wage jobs are the category when the salary is equal to or exceeds the median wage in the province in which the employee is going to work. And vice-versa is true for the low-wage job category.
What kind of LMIA do you need for the Temporary Foreign Worker Program?
Although the new LMIA process is not so different than the old LMO, new procedure saw a few key changes for LMIA employer requirements:
- More extensive application forms have replaced the old LMOs.
- Canadian employers must introduce a “transition plan” which demonstrates their intention to fill the position permanently which is currently held by the temporary worker.
- ESDC requires Canadian employers to track more detailed records during the period of time that the foreign worker remains in Canada.
The Government is planning to accelerate the LMIA application processing time for certain applications. These include foreign workers in skilled trades (high-demanded occupations), high paid workers with salaries in the top 10% of Canadian earnings, and workers coming for 120 days or less. Those who have mentioned will get the decision on their application in ten business days.
Please note that there is a considerable difference in the procedure and criteria in LMIA employer requirements for Low-Wage LMIAs compared to High-Wage LMIAs. You can see in the following list that, there are more restrictions imposed on low-wage job offers than high-wage:
- Now Canadian workers, with a positive LMIA at hand, will be able to hire foreign workers for low-wage job positions only once in a year.
- There is a restriction on the percentage of the workforce occupied by foreign workers. So, if your company has more than 10 workers then, low-wage foreign workers cannot make up more than 10 percent of the total workforce.
- If your workforce does not meet the requirement set by this rule, then as a Canadian employer, you will be applied some transitional measures.
- In addition, if your company is in the accommodation, foodservice sector and also as well as the retail trade sector then you will be limited to apply for LMIAs for more than 10 low-skilled occupations.
- Also, similar to high-wage LMIA applications, Canadian employers are subject to pay a higher application fee and fill longer application forms. Similarly, they also need to hold a piece of detailed information about their hiring practices.
Can an employer offer a job to TFWP candidates without LMIA?
Some Temporary Foreign Workers can get job offers from the Canadian employers which were effective in the case of old LMOs. You can see the list of the categories when an employer is not required to hold a positive LMIA in order to offer a job:
- Workers who covered under NAFTA agreement
- Intra-Company Transferees
- Post-Graduate Work Permit holders
- Academic exchange participants
Please note that the Government of Canada has classified all the above-mentioned programs under ‘International Mobility Programs’. However, if a potential candidate wants to apply for a work permit through one of the programs mentioned above then their employer must have their job offers approved by a Canadian visa office beforehand. An employer also must pay a fee of CAD230 as a job offer approval application cost.
Need assistance with an LMIA or TWP application?
Canadapt experts will surely assist in your LMIA application process and as well as the Temporary Work Permit Procedure. Whether you are a Canadian employer or a Temporary Foreign Worker, you can easily contact us. We can guide you through all LMIA process and make sure that your application is processed at ease.