Labour Market Impact Assessment: Ten Recruitment Tips for Preparing a High Wage LMIA Application

  • 27 avril 2020
  • Yomna Khatib, senior associate at KPMG Law

When an employer is unable to locate Canadian talent for a role, they often have to look to foreign talent to fill the position. While employers have the option of hiring a foreign worker under the Temporary Foreign Worker Program or the International Mobility Program (IMP), when both options are available, most employers will opt to utilize the IMP program so as to avoid the long and costly process of obtaining a Labour Market Impact Assessment (LMIA). 

In cases where employers have no choice but to pursue an LMIA, it is crucial that they prepare the application correctly and with utmost care and diligence, lest the application be refused after months of waiting. In most cases, when an employer submits a high-wage LMIA application, they must include proof of recruitment in order to meet the Temporary Foreign Worker Program requirements. The purpose of the recruitment efforts is to demonstrate that the employer has made efforts to hire Canadians and permanent residents before offering the job to a foreign worker. While Employment and Social Development Canada (ESDC) does offer some guidelines regarding recruitment requirements, there are numerous reasons an employer’s recruitment efforts can be found unsatisfactory, which can jeopardize the success of the LMIA application.

In order to avoid disappointment and lost time, here are some tips to help guide you through the recruitment process: