LMIAs

Need to Hire a Foreign Worker for your Canadian Company? You may need an LMIA!

Here at Bellissimo Immigration Law Group PC we work on LMIAs on a weekly basis.  A well prepared, thorough and successful LMIA application may be the difference between strengthening, advancing and or expanding your business and continuing exhausting and empty searches and holding your business back.  

In most cases, employers are required to apply for a LMIA before they can hire foreign workers (see exemptions including CUSMA/NAFTA and GATS). In order to obtain a positive LMIA, a Canadian employer must prove that there is no Canadian or permanent resident worker available to complete the job in question and a foreign worker is therefore required. As of 4 April 2022, a positive LMIA will be valid for 18 months from the date of issuance.

LMIA applications should show the following:

  • Efforts made to recruit available Canadian citizens/permanent residents;
  • Wages offered for the position are consistent with the prevailing wage rate paid to Canadians/permanent residents in the same occupation in the region;
  • Working conditions for the occupation meets the current provincial labour market standards;
  • Any potential benefits that hiring a foreign worker might bring to the Canadian labour market, such as the creation of new jobs or the transfer of skills and knowledge; and
  • Transition plans will be required for high-wage positions whereby employers must demonstrate increased efforts to hire Canadians in the long-term.

A positive LMIA is provided to the foreign worker to submit with his/her application for a work permit, which is typically issued for one to three years, under certain conditions, if granted.

LMIAs are overseen by Employment and Social Development Canada (ESDC) / Service Canada (SC) and have an associated application fee of $1,000 for each position applied for and applicable legal fees that range depending on the complexity and number of workers being sought.

There are shorter processing times of 10 days available for highest-demand, highest paid and short-duration occupations, i.e. skilled trades, top 10% of pay bracket, and for positions that are less than 120 days.

On 4 April 2022, the Canadian government announced the Temporary Foreign Worker (TFW) Program Workforce Solutions Road Map, with five key policy changes that aim to address current labour shortages and further the government’s ongoing efforts to adjust and improve the TFW Program.  These are welcomed developments but it also means the most current information, policy and law must be applied to LMIA applications.  Be it here or elsewhere seek the assistance of an authorized representative as most of these applications are challenging.

Effective 4 April 2022:

  • The Seasonal Cap Exemption is made permanent. There will be no limits to the number of low-wage positions that employers in seasonal industries, such as fish and seafood processing, can fill through the TFW Program. Additionally, the maximum employment duration of these positions will be permanently increased from 180 days to 270 days per year.
  • Labour Market Impact Assessments (LMIAs) will be valid for 18 months, an increase from 9 months. Prior to COVID-19, LMIAs were only valid for 6 months.
  • The maximum employment duration for LMIAs processed under High-Wage and Global Talent Streams will be extended from two years to three years. This change will not only reduce the administrative burden of employers utilizing the TFW Program, but also help foreign workers access pathways to qualify for permanent residency.

Effective 30 April 2022:

  • Employers in seven sectors will be allowed to hire up to 30% of their workforce through the TFW Program for low-wage positions for one year. These seven sectors include Food Manufacturing, Wood Product Manufacturing, Furniture and Related Product Manufacturing, Accommodation and Food Services, Construction, Hospitals, and Nursing and Residential Care Facilities. All other employers will be able to hire up to 20% of their workforce through the TFW Program for low-wage positions until further notice, an increase from the former 10% cap.
  • The Government will end the current policy that automatically refuses LMIA applications for low-wage occupations in the Accommodation, Food Services, and Retail Trade sectors in regions with an unemployment rate of 6% or higher.

Considering the lengthy process of LMIA applications, Service Canada also implemented measures to expedite the processing of LMIA applications so that employers can hire foreign workers in a timely manner. These measures include increasing staffing resources, as well as encouraging submission of LMIA applications through online portal. Nonetheless, stringent checks undertaken through the LMIA process will not be affected to protect temporary foreign workers and labour market conditions.

We are here to help and offer you a candid assessment if you do in fact qualify for an LMIA. So take the necessary step to obtain sound legal advice before taking any other steps.  You have determined what you need for your business now determine what you need for an LMIA. We have helped thousands over decades of a very proud history and we are as passionate about our work today as we were when we first opened our doors.

Contact Us

Important Immigration Court Decisions


What Our Clients Are Saying
Daniel ColganDaniel Colgan ★★★★★ Extremely well prepared for our consult having read the material and questions I had provided. Provided clear sound advice that I felt very confident in. Thanks.Aleksandra DAleksandra D ★★★★★ They are knowledgeable, provide options and genuinely care about their clients. Highly recommend their services. They have been wonderful.Joanna KrasnodębskaJoanna Krasnodębska ★★★★★ We would like to thank you very much for your professional service, understanding and commitment to our case. Thank you also for taking on this difficult task. Only thanks to your hard work we managed to start a new life in Kanda. We know that our case was not easy, so we are even more glad that you were able to help us. We would like to thank the entire team dealing with our case for giving our daughters a better start in adult life and giving us peace of mind about their future.I will call you with all my heart and full responsibility and I can recommend the Bellissimo Law Firm. Full professionalism and involvement in the matter.Malavika RajasekharanMalavika Rajasekharan ★★★★★ My experience with Bellissimo and their team that assisted with my judicial review process and study permit re-application process were nothing short of exceptional. They conducted themselves with the utmost professionalism, they were very very thorough, extremely detail oriented, very prompt with their fillings and always provided answers to all my questions at all stages of case process ( I asked a lot of questions!!).I am finally here in Canada, as an international student after two rejections all credits to Bellissimo and their team. I want to give special thanks to Amanda D'Angelo, Alexandra Goncharova, Michelle Boeriu, Athena Portokalidis, and Mario Bellissimo - I can't thank you enough for everything you've done for me during the litigation process.I would highly recommend Bellissimo to anyone that wants to retain a team that can get you the results you desire.Hasib VaiHasib Vai ★★★★★ It has been a great journey with Bellissimo Law Group PC! Previously, we filed our SOWP & SP through another regulated ircc consultant and got our applications denied. Our case was very critical with our applications being refused twice. We were terrified as my wife was at Canada completing her studies but our daughter and I were stuck back at home country. Luckily we came through this firm and we directly consulted Mr. Mario D Bellissimo. Honestly he is very professional and a knowledgeable lawyer, he didn't straight away advise to apply but rather focused on the risks involved and the long term consequences. Later with his advice, we applied right after my wife received her work permit. Our file was handed to Ms. Lijing Cao who is a passionate lawyer and undoubtedly expert in immigration laws. She has a great team along with Ms. Shuai Dong who was very dedicated, responsive and cooperative in every step. We got our applications approved this Dec, 2023 and flying for Toronto this Jan, 2024. We are very happy as we got a chance to reunite as a family after a long time. And my deepest respect towards the law firm as a whole. I would definitely recommend this law firm to anybody going through immigration difficulties as I believe by now that each file is taken care in the most dedicated fashion. Special thanks to Mr.Bellissimo, Ms.Lijing and Ms.Shuai to make this possible. It was a big one for us!!Raha SalarzaieRaha Salarzaie ★★★★★ Thanks to the amazing work of BLG, our family is reunited. They have a very professional and trustworthy team that work on a timely manner. They are responsive and work thoroughly on your application, covering every nook and cranny as not to leave a single detail behind. Of course we had our stresses when submitting the application, considering the final decision maker is someone else, but we had peace of mind that we had prepared a perfect application. We will definitely choose BLG again for future applications.Dorma WDorma W ★★★★★ The Bellissimo Law Group is the absolute best!My experience with this law firm has been nothing short of extraordinary. Facing my complex case, their meticulous and thorough approach shone brightly from the very outset.They conducted a thorough interview with us, delving deep into the intricacies of my situation in order to understand fully what it would take to handle my case.Despite the complexity, their expertise turned challenges into opportunities, resulting in a successful outcome.What truly sets the Bellissimo Law Group apart is their commitment to their client. I especially admired how they meticulously instructed me on all necessary forms and information submissions, ensuring I was well-prepared at every stage.The professionalism exhibited by the entire Bellissimo Law Group is also commendable. Their consistent communication and transparent updates provided reassurance for me throughout the journey of my Permanent Residency (PR) application.In conclusion, I wholeheartedly would recommend Bellissimo Law Group for anyone seeking legal immigration representation. Their expertise, dedication, and client-centric approach make them a standout choice for navigating the complexities of any case.Thank you, Bellissimo Law Group, for your unwavering support and outstanding service, you are truly one of a kind!Jagjeet SinghJagjeet Singh ★★★★★ I want to express sincere gratitude to Mr. Belissimo, Ms. Keeley, and the entire Belissimo Law Group team for their invaluable support during the challenging process of obtaining our permanent residency. Our case was particularly complex, receiving a procedural fairness letter from CIC with only one chance to reply. The dedication, hard work, and professional expertise demonstrated by Mr. Belissimo and the team are truly commendable. Their professionalism and intelligence as lawyers shine through, successfully navigating our tough case to secure our permanent residency. I highly recommend them as the top experts in this field. Thank you once again for the immense help and support.Jagjeet.Kuljeet KaurKuljeet Kaur ★★★★★ We are immensely grateful for the exceptional legal support provided by Bellissimo Law Group throughout the challenging process of overcoming medical inadmissibility and securing permanent residence. Bellissimo Law Group demonstrated an unparalleled level of expertise, compassion, and dedication that significantly exceeded my expectations. When we received PFL( Procedural fairness letter) it created a sense of uncertainty and stress for my permanent residence application. Bellissimo Law Group approached the situation with genuine understanding and empathy. Lawyers provided us with clear explanation, addressed all our concerns, and guided us through each step of the process. Mr.Bellissimo and their team went above and beyond to gather necessary medical documentation, collaborated with healthcare professionals, and presented a compelling case that ultimately led to the approval of our permanent residence.We wholeheartedly recommend BellissimoLaw Group to anyone facing medicalinadmissibility issues or navigating thecomplex path to permanent residence.