An LMIA application is usually the employer’s responsibility, not the foreign worker’s. The employer first determines whether an LMIA is required, selects the appropriate Temporary Foreign Worker Program stream, completes recruitment and submits the application. After a positive LMIA, the worker uses the decision and employment documents to apply separately for an employer-specific work permit.
The LMIA process has two connected stages
A Labour Market Impact Assessment, or LMIA, assesses whether there is a need for a foreign worker to fill a specific job and whether the employer has met program requirements. It is not a work permit, visa or permanent residence approval. The official Temporary Foreign Worker Program information explains the available LMIA streams and employer responsibilities.
- Employer: Confirm whether the role needs an LMIA or may qualify for an LMIA-exempt work permit.
- Employer: Choose the relevant stream, settle the job terms and complete required recruitment.
- Employer: Prepare and submit the LMIA application with supporting evidence.
- Employer: Respond to questions or document requests during review.
- Employer: Give the worker the positive decision and employment documents, if approved.
- Worker: Submit a separate employer-specific work permit application.
This handoff matters. A positive LMIA supports a later work permit application, but it does not authorize the worker to work by itself.
What an LMIA does and who applies
The Canadian employer normally requests the LMIA. The foreign worker does not usually submit the employer’s LMIA application. After that stage, the worker applies to Immigration, Refugees and Citizenship Canada for the work permit.
Start with the role, employer and program rather than the worker’s nationality. Citizenship alone does not establish whether an LMIA is required or whether a work permit will be approved. The job duties, wage, location, employer circumstances, proposed duration, status and admissibility can all affect the route.
If the position requires an LMIA, the employer normally completes that stage before the worker files an LMIA-supported work permit application. If the position may qualify for an exemption, the employer should identify the specific exemption and complete the required offer-of-employment process instead. An assessment of the work permit category can help prevent the application from starting with the wrong route.
An LMIA-exempt option is not a general shortcut. The facts must fit a particular exemption and its documentation requirements. A separate overview of LMIA-exempt work permits may help readers understand why the exemption must be assessed independently.
Step 1: Choose the correct LMIA stream and confirm the job
The correct stream depends on the position, wage classification, industry, recruitment circumstances and application purpose. The Temporary Foreign Worker Program includes streams for high-wage and low-wage positions, primary agriculture, applications supporting permanent residence, the Global Talent Stream, caregiver positions and foreign academic positions.
Before preparing forms, settle the job facts that will appear throughout the file:
- position title and genuine day-to-day duties;
- work location and any other locations where the worker will perform the job;
- wage, hours and schedule;
- expected employment duration;
- required education, experience, skills and language ability;
- workplace conditions and reporting structure; and
- stream-specific requirements for the position.
High-wage and low-wage applications are not interchangeable. Classification affects recruitment, wage analysis, transition planning and other requirements. Do not choose a stream based only on an occupation or a job title that does not accurately describe the work.
For a high-wage position, the employer must make reasonable efforts to recruit or train Canadian citizens and permanent residents before offering the job to a temporary foreign worker. The current high-wage requirements explain this recruitment expectation and related labour-market considerations.
Step 2: Complete recruitment and build the employer evidence file
Recruitment evidence should show what the employer did to look for Canadian citizens and permanent residents, when the efforts took place, where the position was advertised and what happened to applicants. Exact requirements vary by stream, so the file should follow the instructions for that position instead of relying on a generic checklist.
A useful employer evidence file commonly brings together:
- business registration and operating information;
- payroll, financial or other records relevant to the ability to offer the position;
- a detailed job description and employment terms;
- recruitment advertisements, dates, platforms and applicant records;
- an explanation of the hiring need and efforts to recruit locally;
- information about the workplace and supervision; and
- documents required by the selected stream.
The application should tell one consistent story. If the advertisement describes one wage and the employment contract describes another, or if the LMIA duties differ from the duties offered to the worker, resolve the inconsistency before submission.
Worker-specific admissibility concerns are separate from the employer’s recruitment evidence. They should be assessed as part of the worker’s own immigration application and circumstances.
Step 3: Submit the LMIA application in the correct channel
The employer submits the application using the forms, portal or instructions for the selected stream. The package should include the required forms, recruitment records, job information and supporting business evidence. An incomplete or incorrectly directed application can create avoidable delay or lead to a request for clarification.
Ontario employers should follow the current instructions for the relevant processing centre. Ontario applications have designated processing-centre instructions, although some program-specific applications may be handled by specialized centres. The official processing-centre information identifies where relevant material should go.
An employer processing fee may apply, depending on the stream and circumstances. Verify the current fee and any exception in the official instructions before submitting. Do not assume that a worker should reimburse an employer for every LMIA-related cost.
Step 4: Respond to review and wait for a decision
During review, program officials assess the application against the requirements for the stream and job. They may examine the employer’s business, recruitment, wage, duties, working conditions and need for the position. They may also request clarification or additional documents.
There is no single reliable LMIA processing time for every application. Timing changes with the stream, completeness, recruitment evidence, employer circumstances, application volume and requests for clarification. Use current official program information instead of relying on a fixed promise.
A request for more information is not the same as an approval. The employer should answer the precise question, preserve consistency with the original application and provide documents that directly address the concern.
Step 5: What happens after a positive LMIA?
A positive LMIA is a favourable decision for the identified position under the relevant program. It is not a work permit, permanent residence approval or guarantee that the worker will be admitted to Canada.
For positive LMIA decisions on applications received on or after May 1, 2024, the decision is valid for up to six months. The LMIA validity information explains that the worker must use the applicable period to move to the work permit stage.
Where an LMIA is required, the employer generally gives the worker:
- the job offer letter;
- the employment contract;
- the positive LMIA decision; and
- the LMIA number.
Compare these documents before applying. The job title, duties, wage, location, hours and employer information should match across the LMIA, offer letter and contract. Investigate any mismatch before submission.
Step 6: The worker applies for an employer-specific work permit
After receiving the employer’s LMIA documents, the foreign worker submits a separate employer-specific work permit application. The worker must establish identity, the employment arrangement and eligibility under the applicable instructions. A positive LMIA supports the job offer, but IRCC makes a separate work permit decision. See the official guidance on employer-specific work permits for the relationship between the LMIA and permit application.
The worker may need to provide:
- the positive LMIA and LMIA number;
- the job offer and employment contract;
- a valid passport or travel document;
- evidence of relevant education, training or work experience;
- immigration forms and status documents, where applicable; and
- biometrics, medical or other documents when requested or required.
The application route can differ depending on whether the worker applies from outside Canada, from within Canada or at another permitted stage. A positive LMIA does not remove questions about admissibility, status, temporary residence or the ability to perform the job.
Costs, timing and validity: what each party should budget for
The employer and worker have different costs. An LMIA processing fee may apply to the employer’s application. The worker’s work permit application has its own government fee, and a biometrics fee may apply. Amounts and exceptions can change, so verify the current official fee instructions before paying.
Recruitment, advertising, legal or consulting services, translation, medical examinations and other supporting expenses may also arise. Who pays a particular cost depends on program rules and the nature of the expense. The employer should not shift costs to the worker in a way that conflicts with Temporary Foreign Worker Program requirements.
Timing has two separate parts: the employer’s LMIA review and the worker’s work permit application. The first does not automatically predict the second. A positive LMIA also creates a practical deadline because applicable decisions have a validity period of up to six months.
A hypothetical Ontario example: employer request to worker application
Imagine, hypothetically, that an Ontario business wants to hire a worker outside Canada for a full-time position. The employer confirms that the role is not already covered by an exemption, identifies the appropriate stream and records the exact duties, wage, location, hours and duration.
The employer completes the required recruitment, keeps advertising and applicant records, gathers evidence about the business and submits the LMIA package through the correct channel. It responds if the reviewing office requests clarification.
If the LMIA is positive, the employer gives the worker the decision, LMIA number, offer letter and contract. The worker checks that the documents agree, prepares the separate employer-specific work permit application and provides the required identity, employment and admissibility documents.
If the worker’s application lists a different location or job from the approved LMIA, pause and resolve the record before submission. The same applies to a status issue, prior refusal or possible inadmissibility concern that was not considered during the employer’s LMIA stage.
Common process mistakes that cause avoidable problems
- Treating the LMIA as the work permit: The LMIA supports the employer-specific work permit application but does not authorize work by itself.
- Starting with the worker’s form: If an LMIA is required, the employer’s stage comes first.
- Using inconsistent job details: Duties, wage, location, hours and employer information should align across recruitment records, the LMIA, offer and contract.
- Keeping weak recruitment records: A general statement that the employer advertised is not a substitute for stream-specific evidence.
- Missing the validity window: Waiting too long after a positive decision may reduce the practical opportunity to use it.
- Assuming nationality decides the route: Citizenship does not by itself determine whether an LMIA or exemption applies.
- Assuming an exemption without proving it: An LMIA-exempt route still has eligibility and document requirements.
- Ignoring separate worker concerns: A positive LMIA does not resolve status, admissibility or document problems.
When regulated guidance can help
A regulated review can be useful when the employer is unsure whether an LMIA is required, the position could fit more than one stream, recruitment records are incomplete or the job structure is unusual. It can also help when the employer and worker have different versions of the duties, wage, location or employment history.
For the worker, case-specific review may be worthwhile after a previous refusal, status concern, medical or criminal inadmissibility issue, or uncertainty about applying from inside or outside Canada. North Vista Immigration provides work permit and LMIA guidance. Related reading: Medical inadmissibility mississauga.
Frequently asked questions about the LMIA application process
How long does the LMIA application process take in Canada?
There is no single processing time for every LMIA application. The period varies by stream, completeness, recruitment evidence, employer circumstances, workload and requests for clarification. Check current official program information for the relevant stream instead of relying on a fixed estimate.
Can a worker apply for a work permit before the LMIA is approved?
If the job requires an LMIA, the worker normally applies for the LMIA-supported work permit after the employer receives a positive decision. The worker then uses the positive LMIA, LMIA number, job offer and employment contract in the separate application.
How long is a positive LMIA valid?
A positive LMIA decision for an application received on or after May 1, 2024, has a validity period of up to six months. Check the decision and current instructions to confirm the applicable period.
What is the difference between an LMIA, a job offer and a work permit?
An LMIA is the employer-side labour market decision. A job offer and employment contract describe the proposed work. A work permit is the immigration document authorizing the worker to work under stated conditions. These documents support one another but are not interchangeable.
When should an employer consider an LMIA-exempt work permit instead?
Assess an LMIA-exempt route when the position and worker appear to fit a specific exemption under Canadian immigration rules. The exemption must be established from the facts and supported by the required offer or application documents. It should not be assumed merely because an LMIA seems difficult or slow.
If you are an Ontario employer or worker trying to match the job, LMIA route and work permit stage, North Vista Immigration provides work permit and LMIA guidance for reviewing the next step.