Hire a temporary foreign worker in a high-wage or low-wage position - After you apply
Applications are assessed to determine that the impact the hiring of a temporary foreign worker would have on Canada’s labour market. Based on the information you provided, you will receive a negative or positive Labour Market Impact Assessment in the form of a letter.
If you receive a positive Labour Market Impact Assessment (valid for 6 months from the date of issue) you need to:
- ensure the employment contract has been signed by the temporary foreign worker and a copy has been provided, if applicable
- provide a copy of the Labour Market Impact Assessment letter and its Annex A to the temporary foreign worker (required to obtain a work permit to work in Canada)
- inform the temporary foreign worker to apply for permanent residence to immigrate to Canada or a work permit prior to the Labour Market Impact Assessment expiry date
- inform the appropriate Service Canada Processing Centre of any changes required or errors on the positive Labour Market Impact Assessment or its annexes
If you receive a positive Unnamed Labour Market Impact Assessment:
- you must complete and submit the Foreign Worker Name template provided with the Labour Market Impact Assessment to the appropriate Service Canada Processing Centre as soon as the names of the temporary foreign workers are known
- you will receive a Labour Market Impact Assessment that includes the names of the temporary foreign workers
- you must provide the temporary foreign workers with a copy of the Labour Market Impact Assessment to apply for a work permit to Immigration, Refugees and Citizenship Canada prior to the Labour Market Impact Assessment expiry date
- for privacy reasons, the Annex B provided with your positive Labour Market Impact Assessment is for your records only and must not be shared with the temporary foreign workers
If you receive a negative Labour Market Impact Assessment, you will not be reimbursed the processing fee.
Note:
Given the rising COVID-19 infection rates, and to ensure that TFWs have adequate time to obtain the necessary documentation to support their work permit applications, the Program will continue to be flexible around the LMIA validity date. Specifically:
- approved LMIAs will be valid for nine months;
- a validity period extension of up to a maximum of nine months is permitted if the original LMIA’s validity period was issued for six months. The extension requests can be made to the processing centre that initially processed the LMIA.
Expedited processing
Your application could be processed within 10 business days (except applications for positions located in the province of Quebec) if it meets at least one of these criteria:
Highest-paid
- The positions requested have a prevailing wage that is equal or above the top 10% of wages earned by Canadians or permanent residents in the province/territory where the job is located
Skilled trades
- The positions are for skilled trades on the list of eligible occupations; and
- The wage offered is at or above the provincial or territorial hourly median wage
Short-duration
- The positions requested are for a period of employment of 120 calendar days or less; and
- The wage offered for the requested positions is at or above the provincial or territorial hourly median wage
Express entry
- The job offer is to support a skilled worker’s application for permanent residence under one of the Immigration, Refugees and Citizenship Canada’s Express Entry eligible programs.
However, the 10-business day speed of service will only be performed if:
- your application is complete
- we do not need additional time for consultation or clarification concerning your application
- you have not been selected for a Compliance review.
Note:
Due to COVID-19 10 day Expedited processing for the criteria listed above, has been suspended until further notice. We are currently prioritizing Labour Market Impact Assessments for occupations deemed essential.
Changing names or adding information
You must contact the processing centre that initially processed your LMIA via email or fax if information on your positive Labour Market Impact Assessment or its annexes is incorrect, missing or if it needs to be updated.
To change the names of temporary foreign workers after being issued a positive Labour Market Impact Assessment, contact the processing centre in advance, based on the number of names to be changed. The employer must send a completed Request to add or remove a Foreign National’s name form (ESDC-EMP5661) either by fax or email to the processing centre that initially processed the LMIA.
- 10 names or less – request must be received at least 15 business days prior to the Labour Market Impact Assessment expiry date
- more than 10 names – request must be received at least 20 business days prior to the Labour Market Impact Assessment expiry date
The names of temporary foreign workers on a positive Labour Market Impact Assessment cannot be changed if the:
- application is for permanent residence or dual intent;
- application is for the Seasonal Agricultural Worker Program;
- work permit has been issued by Immigration, Refugees and Citizenship Canada
Note:
For positions located in Quebec, the replacement of a TFW is only possible if the new worker holds a Certificat d'acceptation du Québec (CAQ). Please note a CAQ is not required for positions with a work duration of 30 days or less. For more details on the required steps, please consult the Ministère de l'Immigration, de la Francisation et de l'Intégration web page (French only).
Note:
If you wish to change the name of your already identified foreign worker for reasons related to COVID-19 you can now benefit from an expedited name change process. You will need to indicate that the name change request is due to hardships related to COVID-19 when you contact the processing centre that initially processed your LMIA.
Note:
On May 12, 2020, Immigration, Refugees and Citizenship Canada (IRCC) announced a Temporary Public Policy. The new policy allows some temporary foreign workers (TFWs) already in Canada to change jobs before a final decision is made on their work permit application.
Employers hiring these TFWs may receive priority processing of the LMIA applications. To do so, employers must notify Service Canada in writing that the TFW:
- is in Canada, and
- wishes to benefit from IRCC’s COVID-19 Temporary Public Policy
Cancelling a job offer
If you no longer require the services of the temporary foreign worker or decide to cancel your job offer, prior to the entry of the temporary foreign worker, it is important that you let the Employer contact centre and the temporary foreign worker know. However, the Labour Market Impact Assessment processing fee will not be reimbursed.
End of employment
If a temporary foreign worker cannot be located or does not show up for departure from Canada at the end of employment, you must:
- make reasonable efforts to reach the worker
- notify the Canada Border Services Agency and Immigration, Refugees and Citizenship Canada
Documentation retention
You must keep all documents used to support your application for a minimum of 6 years beginning on the temporary foreign worker’s first day of work. We may request these documents at any time to verify your past compliance with the Program conditions.
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