The Labour Market Impact Assessment (LMIA) processing time is a critical factor for Canadian employers aiming to hire foreign workers. Understanding the duration it takes to obtain an LMIA can help employers manage their hiring process more effectively and prevent unnecessary delays. Whether you’re navigating this process for the first time as an employer or a foreign worker seeking to work in Canada, knowing the typical LMIA processing time is essential.

This comprehensive guide will walk you through the factors influencing LMIA processing times, the various steps involved, and tips to expedite your application.

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What is a Labour Market Impact Assessment (LMIA)?

An LMIA is a document that Canadian employers may need to acquire before hiring a foreign worker. Issued by Employment and Social Development Canada (ESDC), this assessment determines the impact of hiring a foreign worker on the Canadian labor market. For employers, understanding the labour market impact assessment processing time is essential, as it affects the overall hiring timeline.

A positive LMIA indicates that there is a genuine need for a foreign worker to fill the position because no Canadian workers are available to do the job. This document is also vital for foreign workers applying for a Canadian work permit. By being aware of the processing timeline, employers can strategically plan their recruitment processes.

Tablet displaying 'Assessment' checklist, representing the Labour Market Impact Assessment (LMIA) process and its associated processing time.

How LMIA Processing Works

Navigating the labour market impact assessment processing time requires a clear understanding of the overall LMIA process. The processing time can vary significantly depending on several factors, including the LMIA stream you are applying for, the region, and the completeness of your submission.

When Processing Starts and Ends

The processing of an LMIA application starts once a complete application is submitted. For the LMIA application to be considered complete, employers must:

  • Provide all necessary documents for the relevant LMIA stream (e.g., high-wage, low-wage, agricultural streams).
  • Sign and submit all required forms.
  • Pay the applicable processing fee.

Once all requirements are fulfilled, ESDC will start reviewing the application. The processing ends when Service Canada issues a decision letter that either approves or denies the LMIA application.

Step-by-Step Overview of the LMIA Process

Understanding the step-by-step LMIA process is crucial for minimizing delays. Below is an overview:

  1. Identify the Relevant NOC Code: Choose the appropriate National Occupational Classification (NOC) code for the position, as this will determine the LMIA requirements and processing time.
  2. Wage Determination: Set the wage rate based on the median wage in your region, which will classify the job as high-wage or low-wage.
  3. Job Posting Requirements: Advertise the job as per ESDC’s guidelines, which includes job platforms and duration. This step is crucial and can impact the overall labour market impact assessment processing time.
  4. Submit the LMIA Application: Gather all necessary documents, including proof of job advertisements, and submit your application to Service Canada.
  5. Await Decision: Once submitted, the labour market impact assessment processing time can range from a few weeks to several months, depending on various factors.

By understanding each step of the LMIA process, employers can better anticipate potential delays and plan accordingly.

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Factors Affecting Labour Market Impact Assessment Processing Time

Several factors contribute to the variability of LMIA processing times, including the type of LMIA stream, application accuracy, regional factors, and external events. Below are the key elements to consider:

Type of LMIA Stream

The LMIA processing time differs based on the stream under which you are applying:

  • Global Talent Stream: The fastest processing time, typically completed within 10 business days.
  • Agricultural Stream: Generally quick but can vary depending on the specific season and region.
  • High-Wage and Low-Wage Streams: These streams can take several weeks to months to process.
  • Permanent Resident Stream: This is the most time-consuming, often taking several months to process.

Completeness and Accuracy of Application

Applications that are incomplete or contain errors are a common cause of delays. Ensure that all necessary documents are included and that your application is error-free to avoid unnecessary hold-ups.

Regional and Seasonal Variations

LMIA processing times can also differ depending on the region and time of year. Certain provinces may have higher application volumes, which could lead to delays, especially during peak hiring seasons.

External Factors (e.g., COVID-19)

External events such as the COVID-19 pandemic can significantly affect the LMIA processing timeline. Employers should remain updated on any such developments to adjust their expectations accordingly.

How Many LMIAs Can an Employer Get in Canada?

Current Labour Market Impact Assessment Processing Times in 2024

As of 2024, LMIA processing times vary based on the stream and region. Here’s a breakdown of average processing times across different streams:

Global Talent Stream Processing Time

  • Average processing time: 7 to 10 business days.
  • Best for: Employers needing quick approvals for highly skilled positions.

Agricultural Stream Processing Time

  • Average processing time: 10 to 14 business days.
  • Best for: Seasonal agricultural work.

High-Wage and Low-Wage Streams

  • Average processing time: 8 to 12 weeks.
  • Processing times may extend due to application volume and regional factors.

Permanent Resident Stream

  • Average processing time: 12 to 16 weeks.
  • This stream typically requires the most detailed assessment, making it one of the longest to process.

Seasonal Agricultural Worker Program

  • Average processing time: 6 to 8 business days.
  • This stream is prioritized due to the timing of seasonal work.

These times are average estimates and may vary based on application completeness, region, and unforeseen factors. It’s crucial to stay updated with ESDC for the latest processing time estimates.

Red arrow pointing upward over drawings of people, symbolizing the impact of Labour Market Impact Assessment (LMIA) on hiring foreign workers.

Costs and Fees Associated with LMIA

Beyond processing time, employers should also be aware of the financial obligations associated with the LMIA process.

Application Fee

The standard fee for an LMIA application is CAD $1,000 per position, which is non-refundable, even if the application is denied.

Advertisement Costs

Employers must advertise the job on specific platforms as part of the application process, which can cost between CAD $500 and CAD $1,000, depending on the method and duration.

Legal and Consultancy Fees

Employers who choose to hire legal professionals or consultants to assist with their LMIA application can expect fees ranging from CAD $3,000 to $7,000.

Recruitment Costs

Employers who utilize recruitment agencies to meet LMIA requirements may incur additional costs, particularly if an extensive search is required to find suitable candidates.

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Strategies to Expedite LMIA Processing

To minimize delays in the labour market impact assessment processing time, here are some strategies employers can adopt:

Submit a Complete Application

Ensure all required documents are included and accurate. Missing documents or errors can cause significant delays.

Apply through the Global Talent Stream

If applicable, use the Global Talent Stream, which offers expedited processing (typically within 10 business days) for highly skilled positions.

Avoid Common Mistakes

Mistakes in your application, such as selecting the wrong NOC code, failing to meet advertising requirements, or offering wages below the median rate, can lead to rejections or delays.

Prepare for an Interview with ESDC

Some applications require an interview with an ESDC officer. Being organized and well-prepared can help speed up the process.

Consider Regional Variations

If feasible, opt for regions with faster processing times or lower LMIA application volumes.

Handling LMIA Delays

Despite your best efforts, delays in LMIA processing can still occur. Here’s how to manage them effectively:

Contact Service Canada

If your LMIA application is delayed, contact Service Canada to request a status update.

Review Your Application

Double-check your application to ensure all requirements were met. If something was missed, correcting it promptly can prevent further delays.

Conclusion: Labour Market Impact Assessment Processing Time

Understanding the labour market impact assessment processing time is essential for successfully hiring foreign workers in Canada. By recognizing the factors that influence processing times, utilizing strategies to expedite your application, and knowing what steps to take after receiving a positive LMIA, employers can navigate the LMIA process efficiently.

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FAQs

The labour market impact assessment processing time can vary depending on the type of LMIA stream you apply for. On average, processing times range from 10 business days for the Global Talent Stream to several weeks or even months for other streams like the high-wage or low-wage streams.

The processing time for LMIA under the TFWP typically ranges from 8 to 12 weeks. However, this can vary based on the completeness of the application, the specific job stream, and regional factors.

You will receive a decision letter from Service Canada. If your LMIA is approved, the letter will indicate a positive decision, and you will receive an LMIA number which you can use to proceed with hiring the foreign worker.

To get LMIA approval, ensure that your application is complete, accurate, and meets all the requirements set by Employment and Social Development Canada (ESDC). This includes advertising the job properly, offering a wage that meets or exceeds the regional median, and providing all necessary documentation. Submitting your application through the appropriate LMIA stream, like the Global Talent Stream for faster processing, can also help.

Yes, an LMIA can be rejected if the application is incomplete, the job does not meet ESDC’s requirements, or if the employer fails to demonstrate that they made sufficient efforts to hire Canadian citizens or permanent residents first. Other common reasons for rejection include offering a wage that is below the prevailing rate or providing insufficient proof of job advertising.

In 2024, LMIA approval times vary depending on the stream. The Global Talent Stream typically takes 7 to 10 business days, while high-wage and low-wage streams can take anywhere from 8 to 12 weeks. The Permanent Resident Stream may take up to 16 weeks or longer.

After an LMIA is approved, you will receive a positive decision letter and an LMIA number. You must then provide these to the foreign worker, who will use them to apply for a work permit. Once the work permit is approved, the foreign worker can legally work in Canada under the terms specified in the LMIA.

Obtaining an LMIA is not always easy. It requires careful preparation, meeting all regulatory requirements, and demonstrating that you have made genuine efforts to hire Canadian workers before turning to foreign labour. The process can be complex, particularly for first-time applicants.

The application fee for an LMIA is CAD $1,000 per position. This fee must be paid by the employer and is non-refundable, even if the LMIA is denied.

A pre-approved LMIA refers to an LMIA that has been issued in advance based on a specific need that the employer has anticipated. This is common in situations where employers frequently hire foreign workers for the same type of position and want to streamline the process by securing an LMIA before a specific candidate is identified. Pre-approved LMIAs are typically valid for a set period and must be used within that time.