Labor Market Impact Assessment (LMIA) and Work Visa

Labor Market Impact Assessment (LMIA) and Work Visa

More than 30,000 occupations in Canada are well classified and regulated according to the Canadian government's National Occupation Classification (NOC) system. NOC is the basis for defining and classifying the scope of the program, qualification requirements, etc. in relation to jobs in all immigration programs as well as work visas. Since it accurately defines the education/training, experience, and qualifications required for the job in Canada, you should first check whether your qualifications are reasonable for the job you want to work in Canada. If you meet the eligibility requirements to work in the relevant occupation in Canada and receive a job offer from an employer in Canada, you must apply for a visa so that you can legally work in Canada.

In order for a foreigner who is not a permanent resident or citizen of Canada to work in Canada, he or she must obtain a work permit appropriate for his/her situation from Citizenship and Immigration Canada (CIC). Prior to applying for a work visa, the employer must undergo a labor market impact assessment (LMIA) review by the Labor Department (ESDC) to ensure that the influx of foreign workers does not impede the labor market for Canadian permanent residents or citizens. An employer may apply for an Employment Authorization (LMIA) only if the employer fails to hire a permanent resident or citizen of Canada despite making sufficient efforts first. In order to receive LMIA approval, the wages and working conditions must be above average compared to Canadian permanent residents or citizens working in the same position in the same city.

At this time, the main factors that the Labor Department (ESDC) considers are whether the Canadian employer has made enough effort to hire Canadians first, whether the job offer is genuine, and whether the wages and working conditions are above average compared to hiring Canadian permanent residents or citizens. Examine cognition. This is, first, to ensure that foreigners receive reasonable treatment in Canada, and second, to induce employers to preferentially hire Canadian permanent residents or citizens by making hiring foreigners disadvantageous in terms of procedures and costs, and hiring locals. This is to prevent the loss of opportunities. In some cases, the Labor Market Impact Assessment (LMIA) is waived when applying for a work visa, such as expatriate visas, working holiday visas, and spouses holding work visas for technical positions, and spouses holding student visas.

LMIA is largely divided into LMIA for work visa and LMIA for permanent residency. Commonly referred to as LMIA for work visa, LMIA for permanent residency can also apply for permanent residency as well as work visa, so there is no big difference for the actual employee. The pros and cons of the two programs can be compared below.