Understanding and applying through specialized LMIA applications

When recruiting a temporary foreign worker in Canada, an LMIA is required; however, there are six specialty applications that businesses may use, depending on the situation.

Companies must submit a request for a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada as part of recruiting a temporary foreign worker (TFW) in Canada under the Temporary Foreign Worker Program (TFWP) (ESDC).

However, there are specific applications for certain scenarios in which businesses desire to hire a skilled foreign worker. This document is required to hire a foreign worker and analyze the impact of their hiring on the Canadian labor market.

These specific applications include unique eligibility requirements, processing timelines, allowances, and other requirements. They can be used in the following six situations:

Express Entry:

Employers that want to help their TFWs apply for permanent residency can complete this particular application (PR). In accordance with this system, employers assist in sponsoring their employees who are already lawfully present in Canada as temporary residents in order for them to obtain the required one year of full-time work experience and become qualified to apply for permanent residence via the Express Entry system of programs. However, it is significant to note that Quebec has a unique system with its own issues and plans (like the Quebec Experience Program).

Stream of Global Talent (GTS):

The GTS is an exclusive immigration scheme for highly qualified foreign professionals with expertise in STEM subjects. In order to be taken into consideration, these professionals must possess exceptionally in-demand or hard-to-find abilities in Canada. Additionally, these TFWs are categorized as high-wage jobs (NOC A or B), with annual wages of at least $80,000. 

In accordance with the GTS, businesses may also seek longer employment terms (up to three years) and are required to submit both an LMIA and a Labour Market Benefits Plan (LMIB) outlining how their business activities would benefit the Canadian labor market as a whole. Despite the additional paperwork, the GTS offers a wide range of advantages, including:

- a service standard of 10 business days (from the day after the application was received) for processing, which is supposed to be met at least 80% of the time; quicker processing times;

- Personalized, high-touch support during the evaluation process;

- The capacity to add and/or replace numerous names on a positive GTS LMIA, with processing standards within 15-20 business days following the application update; Eligibility to have work permits for highly skilled workers processed within two weeks—this standard is expected to be reached at least 80% of the time.

- Positions in Quebec: The Regular Skilled Worker Program is one of Quebec's unique programs for managing economic immigration to the province (QSWP). 

LMIAs will be submitted concurrently to Service Canada and the Quebec Immigration Ministry. Quebec has prioritized some jobs as of this writing while suspending the minimum advertisement standards for other positions.

Academics: 

Any person with at least one post-graduate degree who earns the majority of their income from teaching or conducting research while working for a Canadian university or university college is considered an academic.

Certain professions may even be allowed to work in Canada without employers needing an LMIA if the requirements are met (while certain others will not need a work permit either). At the point of entry into Canada, citizens of the United States, St. Pierre, Miquelon, and Greenland can apply for a work permit (if needed).

Agriculture:

This program, which was designed for workers in Primary Agriculture fields (specified by a certain set of criteria), enables TFWs to work as agricultural workers in Canada on a farm, in a nursery, or in a greenhouse. To make it simpler for businesses to hire foreign workers in these industries, ESDC will suspend the minimum advertising requirements from January 12th, 2022, to June 30th, 2023.

However, keep in mind that frequently these occupations are for NOC categories and lower-paying positions, and as a result, subsequent immigration for permanent residency (PR) may be impacted.

Caregivers:

In accordance with the TFWP, families may hire live-in caretakers for minor children or for individuals with more complex medical requirements (such as those 65 years of age or older, or those with impairments, chronic illnesses, or terminal illnesses). 

Nursing, home support workers, live-in carers, and personal care attendants are among the eligible professions (among others). Full-time caregiving is required under this program, along with employment in the private household where the care is being provided and compliance with ESDC and IRC standards (IRCC).

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