What Is an LMIA? Guide for Canadian Employers Hiring
The LMIA application is meant to show that hiring the foreign worker will have a positive or neutral effect on Canada’s labour market.

A Labour Market Impact Assessment, usually called an LMIA, is an important step that some Canadian employers must complete before hiring a foreign worker. In simple terms, an LMIA is the employer’s request for permission to hire someone from outside Canada for a specific job.
The purpose of an LMIA is to protect the Canadian job market. Before the government allows an employer to hire a foreign worker, it often wants to know whether a Canadian citizen or permanent resident is available to do the job. A positive LMIA generally means the government is satisfied that there is a need for a foreign worker and that no Canadian citizen or permanent resident is available for the position.
An LMIA is not the same thing as a work permit. This is one of the most important points for employers to understand. The LMIA is usually the employer-side application. The work permit is usually the worker-side application. If the LMIA is approved, the foreign worker may then use the positive LMIA decision letter to apply for an LMIA-based work permit as a separate step.
For example, imagine a restaurant in Ontario wants to hire a cook from another country. If no LMIA exemption applies, the employer may need to apply for an LMIA first. The employer must show that the job is real, that the business is legitimate, and that it has followed the required hiring steps. If Service Canada approves the LMIA, the worker can then apply to Immigration, Refugees and Citizenship Canada for a work permit.
The LMIA process is handled through the Temporary Foreign Worker Program. Employment and Social Development Canada, also known as ESDC, manages the program, processes LMIA applications, and issues the decision letter. Immigration, Refugees and Citizenship Canada, also known as IRCC, handles the foreign worker’s work permit application after that.
Not every foreign worker needs an LMIA. Some workers may already have an open work permit. Others may qualify under an LMIA-exempt category, such as certain international agreements, reciprocal employment arrangements, or other immigration programs. If the worker has an open work permit, the employer generally does not need an LMIA to hire them.
This is why the first question is usually not “how do I apply for an LMIA?” The better first question is “do I need an LMIA at all?” If an exemption applies, the employer may be able to hire the worker without going through the LMIA process. If no exemption applies, the employer will usually need an LMIA before the worker can apply for the work permit.
The LMIA application is meant to show that hiring the foreign worker will have a positive or neutral effect on Canada’s labour market. The employer may need to provide information about the business, the job, the wages, the working conditions, and the efforts made to recruit Canadians or permanent residents. In many cases, the employer must advertise the position before applying.
The advertising and recruitment rules can be strict. Employers should not assume that a quick job post is enough. Depending on the type of position, the employer may need to advertise for a certain period of time, use certain recruitment methods, and keep proof of the recruitment efforts. As of April 1, 2026, employers applying for low-wage positions must advertise the job offer for at least 8 consecutive weeks in the 3 months before submitting the application and must target youth in recruitment efforts.
The LMIA stream matters. There are different LMIA streams for different situations. For example, there are streams for high-wage and low-wage positions, primary agriculture, permanent residence support, the Global Talent Stream, caregiver positions, foreign academic positions, Quebec positions, and recognized employers. The correct stream depends on the job, the wage, the location, the worker, and the employer’s goals.
Choosing the wrong stream can create problems. The application may be delayed, refused, or sent back. The employer may also waste time and money. This is one reason employers often get legal help before starting the process.
A positive LMIA does not guarantee that the foreign worker will get a work permit. It is an important supporting document, but the worker still needs to apply for the work permit and meet the requirements. The worker may need to show that they are qualified for the job, that they will leave Canada when required, and that they are admissible to Canada. They may also need to give biometrics or complete a medical exam, depending on the situation.
A negative LMIA means the employer’s application was not approved. This may happen if the government is not satisfied that the employer needs a foreign worker, if the recruitment efforts were not enough, if the wage is too low, if the job offer is not credible, or if other program requirements are not met. A refusal can be costly because it may delay hiring and may require the employer to start over.
Government fees are separate from legal fees. The LMIA government fee is generally $1,000 per position, payable to ESDC. If the worker later files an LMIA-based work permit application, the work permit government fee is generally $155 per applicant. Biometrics are generally $85 if required. Some exceptions may apply depending on the stream and the facts.
Employers should also remember that hiring a foreign worker is not just about getting the approval. There are ongoing responsibilities after the worker is hired. Employers may need to follow the wage, hours, job duties, and working conditions listed in the application. The government can inspect employers for compliance. If an employer does not follow the rules, there can be serious consequences.
The LMIA process can be especially important for small and medium-sized businesses that are struggling to hire locally. For some employers, a foreign worker may be the only realistic way to fill a role. This can happen in restaurants, construction, caregiving, agriculture, trucking, skilled trades, technology, and other industries where qualified local workers may be hard to find.
However, the LMIA process is not designed to be a shortcut around Canadian workers. The employer must usually show that it tried to recruit Canadians and permanent residents first. The government wants to know that the job is real, the wage is appropriate, and the foreign worker is being hired because there is a genuine labour need.
Good preparation matters. An employer should gather business records, job details, wage information, recruitment records, interview notes, and other supporting documents before applying. Missing documents or weak explanations can slow the process down or hurt the application.
Timing also matters. LMIA applications can take time to prepare and process. The employer should not wait until the last minute, especially if the worker is needed by a specific start date. For some LMIA applications, the application can be submitted up to 6 months before the expected job start date.
The process can feel confusing because two different government systems may be involved. Service Canada looks at the LMIA from the employer side. IRCC looks at the work permit from the worker side. Both steps matter. A strong LMIA application can still be followed by a work permit issue if the worker does not qualify. Likewise, a qualified worker may still be unable to apply for the work permit if the employer does not first get the required LMIA.
This is why employers should think through the full plan before starting. The employer should consider whether an LMIA is required, which stream applies, what recruitment must be done, what documents are needed, what fees apply, when the worker is needed, and whether the worker is likely to qualify for a work permit after the LMIA is approved.
A Labour Market Impact Assessment is not just a form. It is a structured government application that asks whether a Canadian employer should be allowed to hire a foreign worker for a specific job. The answer depends on the employer, the job, the labour market, the recruitment efforts, the wage, the stream, and the worker’s situation.
Flatly.ca offers a Labour Market Impact Assessment service for Canadian employers who need help with the employer-side LMIA process. For many businesses, the LMIA can be an important step toward filling a real labour shortage, but it should be handled carefully because the rules are detailed and the consequences of mistakes can be serious.
Legal Disclaimer
This article is for general information purposes only and does not constitute legal advice. It does not create a lawyer-client relationship. Laws and procedures may change. For advice specific to your situation, consult a licensed Ontario lawyer.
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