Lawyers in Canada for LMIA

ImmiLaw Immigration: Canadian immigration lawyers for LMIA

Labour Market Impact Assessment or LMIA is a mandatory requirement for foreign workers applying for jobs in Canada and Employers seeking foreign workers to hire for specific jobs in the country. At times LMIA is also denoted as a job confirmation letter. Previously LMIA was termed Labour Market Opinion (LMO). The regulations and provisions for LMIA are often subject to recurrent changes. These frequent changes often deal with various categories of jobs, job durations, and exemptions. The processing fee for LMIA can also undergo timely changes.

It is highly advisable to seek the professional assistance of eminent LMIA lawyers in Canada if job applicants are not fully capable enough to properly articulate their circumstances and positions for rendering service in Canada and manage the massive details required to justify their purpose. You can see that there are no secret formulas or any shortcuts for obtaining a successful LMIA. It is all about getting the process done correctly, focusing on meticulous procedures with proper attention to detail. Employment officers will never approve applications with misrepresentations or omissions that attempt to dodge the crucial procedures of the system. Therefore, if you are looking forward to obtaining a successful LMIA, taking the assistance of professional LMIA lawyers in Canada is the best thing to do.

Lawyers in Canada for LMIA are a dime a dozen. However, approaching a team of the best LMIA lawyers in Canada and getting things done professionally will be worth your time and effort. Now before we further discuss LMIA lawyers in Canada, let us learn a bit more in detail about LMIA. Read on to get a better understanding of LMIA and the benefits of hiring the services of proficient LMIA lawyers in Canada.

What is Labour Market Impact Assessment [LMIA]?

LMIA is an official document that is strictly needed for individuals who arrive in Canada with a job offer that comes under the regulations of the government’s Temporary Foreign Worker (TFW) program. This document is a mandatory requirement for Canadian employers also. Now the following question would be where you can get your LMIA. You must obtain your LMIA from Employment and Social Development Canada (ESDC). It is ESDC that makes the assessment of the employment offer and makes a proper evaluation of the LMIA report to confirm that it will not create any adverse impact on the country’s job market. A positive LMIA is a clear indication that there is an obvious requirement for a foreign worker for a particular job in Canada. It also indicates that no Canadian workers are available for that particular job vacancy. ESDC generally considers the below-mentioned facets during the evaluation of the LMIA application:

• Whether a foreign national will be available as a full-time employee on a pre-determined wage,
• Whether the wage and terms of compensation are constant with the local averages,
• Whether the working conditions comply with the government’s labour laws,
• Whether there are any labour shortages for a specific occupation in a particular region,
• Whether any labour disputes exist in a particular Canadian firm,
• Whether the employer has taken the necessary steps to hire an eligible Canadian worker for the job,
• Whether the foreign worker will be able to transfer the unique skills required for the job in Canada,
• Whether the employer is capable of creating and retaining Canadian jobs.

Hire the Best LMIA lawyer in Canada

Canadian employers and businesses must always hire the best LMIA immigration lawyer in Canada, who rightly understands the immigration laws and regulations instructed by IRCC. This is because the procedures for immigration can be challenging at times, and there are chances for many pitfalls that might result in penalty charges and even deportation of TWFs from Canada. An experienced LMIA immigration lawyer in Canada will ensure a trouble-free immigration process for both businesses and job applicants and ensure all the mandatory documentation works are completed hassle-free. A highly experienced LMIA immigration lawyer in Canada will also be able to provide proper advice to Canadian employers and help them structure healthy relationships with foreign workers to abide by all the applicable immigration laws and regulatory policies.

Canadian employers who wish to hire foreign workers using LMIA are expected to adhere to the pre-defined regulations for LMIA wage requirements. LMIA wage requirements are generally based on specific work locations for a particularly given job position. Additionally, Canadian employers must consider the following LMIA requirements while hiring foreign workers for high-wage and low-wage positions.

• LMIA for hiring foreign workers for High-Wage Job Positions:

Every province and territory in Canada has its median hourly wage, which Statistics Canada determines. High-wage workers are those individuals who earn at or even above the median hourly wages allocated for a particular given occupation in a specific work location. A Canadian employer that offers wages equivalent to or above the median hourly wages of a specific province/territory must apply for LMIA under the high-wage stream to hire foreign workers.

• LMIA for hiring foreign workers for Low-Wage Job Positions:

Canadian employers must submit LMIA applications under the low-wage stream to hire foreign workers if their wages are less than the median hourly wage of a province/territory.

LMIA Application Requirements

Businesses in Canada that intend to apply for LMIA must meet the below-mentioned requirements for employers:

• Must run a business that provides services or goods to the Canadian public,
• Must be able to show a genuine requirement for foreign workers by providing employment that is well-suited to the practical needs of the business,
• Must be able to fulfill the entire job offer terms for the foreign workers, which includes the salary payment that correctly meets the wage requirements for LMIA,
• Should not have any pending issues regarding compliance.

Application type                                                                          Average processing time                  

Global Talent Stream                                                                            10 business days
Agricultural Stream                                                                                18 business days
Seasonal Agricultural Worker Program                                            11 business days
Permanent Residence Stream                                                            17 business days
In-Homes Caregivers Stream                                                             25 business days
High-wage Stream                                                                                 34 business days
Low-wage Stream                                                                                  36 business days

Next step after LMIA approval

IRCC will review the application for the work permit of the foreign worker. Foreign workers will be granted work permits following a successful review. They will become eligible to work for the Canadian employer in the specific occupation mentioned on the LMIA based on the specific working terms and for a specified period within the country.

Exemptions to LMIA requirements

LMIA is needed to apply for obtaining most work permits in Canada. A positive LMIA, also known as a confirmation letter, demonstrates that a Canadian employer needs to hire a foreign national since they failed to find a suitable Canadian citizen or a permanent resident in Canada to fill the job position. Foreign nationals must possess a copy of their positive LMIA and the LMIA number included in their application when applying for Canadian work permits. Generally, there are three types of Canadian work permits, namely:

• Closed Work Permits,
• Open Work Permits,
• Closed LMIA-exempt Work Permits.

You can find that most Canadian work permits belong to the closed work permits category and require a positive LMIA. Closed work permits are issued to foreign workers who work under specific Canadian employers at locations listed on their LMIA. On the other hand, foreign workers are eligible to work under any employer in any Canadian region with an open work permit. An LMIA is not required in such cases as they are not restricted to any particular employer or occupation. Adding to that, it is not necessary to have a job offer to apply for an open work permit. Closed LMIA-exempt work permits allow a foreign worker to work under a specific Canadian employer in a specific job position, but LMIA is not required.

Closed LMIA-exempt Work Permits

You can apply for a closed LMIA work permit when your Canadian employer can prove that you could bring significant social and economic benefits to the country. For example:

• Being a technical worker, performing artist, self-employed engineer, entrepreneur etc.
• Being an intra-company transferee possessing specific knowledge, experience and skills that could well contribute to the Canadian economy,
• Being a French-speaking skilled worker holding a valid job offer in a Canadian province/territory which is outside of Quebec.

Apart from those mentioned above, there are additional categories/ where you are not required to have LMIA:

International free trade agreements 

There are few international Free Trade Agreements or FTAs with provisions that make it easier and more convenient for business personnel to work temporarily in the FTA agreement-signed countries (Canada is one of them) with a closed work permit and without the requirement for LMIA.

International youth exchange programs

Canada has few international youth exchange programs that allow young individuals to arrive and work in the country without needing LMIA. For example, young people with a valid job offer in Canada under the Young Professionals category don’t require LMIA.

Minister-designated exemptions

The process of getting an LMIA can, at times, be time-sensitive and overwhelming. It is true to say that the approval

Minister-designated exemptions are at the sole discretion of the honourable Minister of Immigration and apply to specific situations. For example:

• Students, guest lecturers, visiting professors and researchers who are sponsored by a recognized federal program,
• Medical personnel who have received their academic awards and recognitions through Canadian institutions.

 Benefits of Hiring Lawyers in Canada

One of the best and most practical ways to fill job vacancies in the hospitality, travel, entertainment and other vital industries is by employing Temporary Foreign Workers (TWFs). At the same time, it is equally vital to abide by the proper procedures for immigration to avoid any legal problems. Lawyers in Canada for LMIA will be the right team of people you can approach for a hassle-free immigration process and obtain a favourable LMIA report. A Best LMIA lawyer in Canada will be of valuable help while navigating the intricate immigration procedures and ensure that you properly comply with the applicable laws and regulations. Seeking the help of the Best LMIA lawyer in Canada will surely help you to evade costly mistakes that may result in fines or even deportation.

Canadian employers are not always able to keep proper track of the hiring requirements for TWFs directed by Immigration, Refugees, and Citizenship Canada or IRCC. This is one of the main reasons why most Canadian employers and leading businesses hire the services of Canadian immigration lawyers for LMIA, who are well-versed in immigration policies and have adequate systems in place to ensure that requirements for immigration employment law are appropriately met and documented.

Below are some significant benefits of hiring Canadian immigration lawyers for LMIA:

• Canadian immigration lawyers for LMIA have the proper experience and knowledge to steer through the intricate immigration process,
• A Best LMIA lawyer in Canada can help you to avoid costly mistakes that could result in penalties and, in the worst cases, deportation of TWFs,
• Canadian immigration lawyers for LMIA can represent a case on your behalf in front of the Immigration and Refugee Board or IRB if there are any legal issues with your TFW immigration status.

ImmiLaw Immigration: Helps Your Migration Made Easy

We ImmiLaw Immigration Law Professional Corporation, a reputed immigration law firm with a strong base in Toronto, strive to serve all our respected clients by providing exceptional legal representation for all their immigration procedures. ImmiLaw Immigration Law Professional Corporation is committed to offering the best legal solutions to the most challenging immigration-related matters and guaranteeing the highest chances of visa success. Please get in touch with us as soon as possible to hire a highly professional and dedicated LMIA immigration lawyer in Canada. We will help you successfully navigate through all your immigration-related activities and turn your dreams into reality.

Contact us to get legal assistance from the best immigration lawyers in Canada.