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For Employers
LMIA Employer Guide
A complete guide for Canadian employers on hiring foreign workers through the Temporary Foreign Worker Program. Learn the requirements, process, and compliance obligations.
Processing
10-15 business days after submission
Government Fee
$1,000 per position
Compliance
Required
Record Keeping
6 Years
Employer Guide
LMIA Employer Guide
Hiring a foreign worker in Canada requires employers to follow specific steps and meet various obligations. The process starts with demonstrating that no qualified Canadian worker is available for the position.
Employers must conduct genuine recruitment efforts, offer wages that meet or exceed prevailing rates, and provide acceptable working conditions. The government takes compliance seriously, with inspections and penalties for violations.
This guide covers everything employers need to know about the LMIA process, from initial recruitment through to compliance obligations after the worker arrives. Understanding these requirements helps avoid costly mistakes and delays.
What This Guide Covers
Understand employer obligations under TFWP
Learn proper recruitment procedures
Avoid common application mistakes
Maintain compliance after hiring
Prepare for potential inspections
Need LMIA Help?
Our consultants help employers navigate LMIA requirements, avoid common mistakes, and stay compliant with ESDC regulations.
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Key Topics
What Employers Must Know
Recruitment Requirements
Minimum 4 weeks advertisingBefore applying for LMIA, employers must demonstrate genuine efforts to hire Canadians. This includes specific advertising requirements and documenting all recruitment activities.
- Post on Government of Canada Job Bank
- Use at least 2 additional recruitment methods
- Target underrepresented groups
- Advertise for minimum 4 weeks
- Keep records of all applicants
- Document why Canadians were not hired
Transition Plan (High-Wage)
Included in LMIA applicationHigh-wage LMIA applications require a transition plan showing how the employer will reduce reliance on temporary foreign workers over time.
- Activities to hire Canadians
- Training for Canadian workers
- Helping TFW become permanent residents
- Increasing wages to attract Canadians
- Working with unions or associations
Compliance Obligations
Ongoing for duration of employmentEmployers must meet ongoing obligations after hiring the foreign worker. ESDC conducts inspections to verify compliance.
- Pay the wage stated on LMIA
- Provide the working conditions promised
- Maintain workplace safety standards
- Keep records for 6 years
- Report any changes in employment
- Cooperate with inspections
Requirements
Employer Eligibility
- Registered business in Canada
- Not on ineligible employer list
- Demonstrated need for foreign worker
- Ability to pay offered wage
- Genuine job position
- Met advertising requirements
- Offer meets prevailing wage
Process
LMIA Process for Employers
1
Assess Your Needs
Determine if you genuinely cannot find a Canadian worker. Consider if the position could be filled through training existing staff.
2
Check Wage Requirements
Research the prevailing wage for your occupation and region. Your offer must meet or exceed this rate.
3
Conduct Recruitment
Advertise on Job Bank and use additional methods. Interview qualified Canadians. Document why they were not suitable.
4
Prepare Business Documents
Gather corporate documents, financial statements, and evidence your business is legitimate and can pay the offered wage.
5
Complete LMIA Application
Fill out all forms accurately. Include recruitment evidence, transition plan (if high-wage), and supporting documents.
6
Submit and Monitor
Submit through the online portal. Respond promptly to any requests for additional information.
7
Support Work Permit Application
Provide the positive LMIA to your foreign worker. They use it to apply for their work permit.
8
Maintain Compliance
Once the worker arrives, fulfill all conditions stated in the LMIA. Keep records and be prepared for inspections.
Costs
LMIA Costs for Employers
LMIA Processing Fee (per position)$1,000 per position
Job Bank and Advertising CostsVaries by method chosen
Processing Time10-15 business days after submission
The LMIA fee is non-refundable regardless of the outcome. Employers may also need to pay for legal or consultant fees, credential assessments, and recruitment costs.
FAQ
Common Employer Questions
What happens if I fail an inspection?
Penalties range from warning letters to monetary fines up to $1 million per violation. Serious violations can result in being banned from the TFWP for up to 10 years.
Can I hire the foreign worker before LMIA is approved?
No. The worker must have both a positive LMIA and a valid work permit before they can start working for you.
How long must I keep employment records?
Employers must keep all documents related to LMIA and foreign worker employment for 6 years from the start of employment.
Can I sponsor the worker for permanent residence?
Employers do not sponsor workers for PR in Canada. However, your LMIA-based job offer can help them qualify through Express Entry or PNP.
What if the worker quits or I need to terminate them?
You must notify ESDC. If terminating without cause, you may need to pay for their return transportation. Consult an employment lawyer.
Can I transfer the LMIA to another worker?
No. LMIAs are position-specific but intended for a named worker. If the worker cannot come, you typically need a new LMIA.
Need Help Hiring Foreign Workers?
Our RCIC consultants help Canadian employers navigate the LMIA process, ensure compliance, and avoid costly mistakes.