An LMIA-based hiring process has two connected but separate parts. The Canadian employer first asks Service Canada to assess the labour-market impact of hiring a foreign worker. If the LMIA is positive, the worker generally uses it to support a separate work permit application.
The employer owns the LMIA process
The LMIA application is an employer application. Recruitment, wage, business-legitimacy evidence, job details and the government processing fee are employer responsibilities. The foreign worker does not “buy” an LMIA.
Recruitment must match the stream
Recruitment rules differ by wage level, occupation, location and LMIA stream. Employers should plan advertising before the intended filing date and keep evidence showing where, when and how Canadian citizens and permanent residents were sought.
The wage and job must be genuine
The offered wage normally needs to meet the applicable program requirements for the occupation and location. The business should be actively operating and able to demonstrate a genuine need and ability to employ the worker.
The work permit is a separate decision
A positive LMIA is powerful supporting evidence but does not itself authorize employment. The worker must still satisfy IRCC, establish qualifications and admissibility, and obtain the work permit or other authorization.
Think beyond the first permit
Employers trying to retain a strong worker may benefit from early consideration of PNP or Express Entry options. That does not replace LMIA compliance, but it can reduce last-minute status problems later.
Frequently asked questions
Who pays the LMIA government fee?
The employer. The LMIA application is the employer’s responsibility.
Does a positive LMIA guarantee the worker will receive a permit?
No. The worker still makes a separate immigration application and must meet IRCC requirements.
Can an employer start recruitment after filing?
LMIA recruitment generally needs to satisfy the requirements before and during the application as applicable. Employers should review the current stream instructions before advertising.
Selected official references
Elboniel’s guide above is written to explain the topic in practical terms. These selected government pages are included for current program rules and forms.
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