If your position requires a Labour Market Impact Assessment (LMIA), Employment and Social Development Canada (ESDC) assesses the employer and the effect of hiring a foreign worker on the Canadian labour market. A candidate's interest in the job does not remove the employer's recruitment, wage or documentation duties.

First check whether an LMIA is required at all. An LMIA-exempt route may have a different employer process. If an LMIA is needed, prepare the real position and supporting records before choosing a stream.

Five checks before filing

  1. Position and stream. Compare the offered hourly wage with the current provincial or territorial threshold to identify the high-wage or low-wage stream. Then check the prevailing wage for the occupation and work location. Other streams and exemptions have their own criteria. Do not adjust the stated wage simply to fit a preferred stream.
  2. Recruitment. Identify the applicable advertising methods, duration and evidence for this stream. Keep dated copies of advertisements and a record of applicants and outcomes. Requirements differ between streams and some positions have variations.
  3. Business legitimacy. Prepare evidence that the business operates in Canada, reasonably needs the role, can meet the offered employment terms and complies with applicable laws. ESDC may request additional documents.
  4. Manitoba registration. For an LMIA position in Manitoba, check the provincial employer-registration requirement early. ESDC says a valid provincial certificate or proof of exemption must accompany the LMIA application; without it, the application is incomplete. Provincial processing has its own timeline.
  5. Employment terms. Make the job advertisement, proposed agreement and LMIA form consistent about duties, work site, hours, wages and benefits. Check any stream-specific rules on a transition plan, housing, transportation or health coverage where applicable.

This is a preparation screen, not a universal checklist. ESDC's current stream requirements control what must be submitted.

After the LMIA decision

A positive LMIA is not permission for the worker to start. The worker generally needs to submit an employer-specific work-permit application to IRCC using the employer's LMIA documents. IRCC decides that application separately. Read the work-permit steps for employers before setting a start date.

If ESDC issues a negative decision or refuses to process the application, identify the precise reason before repeating the same filing. There may be an issue with the stream, recruitment, documentation or an applicable restriction.

Questions employers ask

We already have a candidate. Why advertise?

An LMIA stream can still require reasonable efforts to hire or train Canadians and permanent residents. The candidate's availability does not itself waive those requirements.

Can a recruiter charge the worker for our LMIA costs?

No. ESDC says the LMIA processing fee and recruitment costs cannot be recovered from the worker. Manitoba also restricts recruitment fees charged to foreign workers. Review any third-party contract before hiring.

Does every Manitoba employer need the same certificate?

ESDC requires a provincial employer registration certificate or proof of exemption with an LMIA application in Manitoba. Determine which applies to the employer; do not assume an exemption.

Bring the position to a consultation

Bring the role description, wage, work location, recruitment records, candidate's status and available business and Manitoba registration documents. We can map the employer's required steps and identify gaps before filing. An initial consultation is $180 plus applicable provincial taxes, separate from any application representation. Consultations are available in English and Russian.

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