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A legally established employer in Canada who wishes to hire a foreign worker must submit a Labor Market Impact Assessment (LMIA) application to Employment and Social Development Canada (ESDC). For its part, ESDC assesses the impact that hiring foreign workers would have on the Canadian labor market. If the Canadian employer meets all program requirements and ESDC is of the opinion that hiring the foreign worker will not have a negative impact on the Canadian labor market, then a positive written decision is issued to the employer.

Compiling a Labor Market Impact Assessment

To avoid a possible delay in the process, employers must ensure that all required documents are provided at the time of application. The following documents are essential for applying for the Labor Market Impact Assessment; however, other documents may be required depending on each case:
• Labor Market Impact Assessment Application Form (EMP5593)
• Annex D – Job offer
• Job offer signed by the employer and the foreign worker
• Proof of legitimacy of the company
• Proof of recruiting efforts (for example, a copy of the advertisement and information for support, and location, dates, and duration of the position advertisement)
• Application fee paid with payment information (if applicable)

If Employment and Social Development Canada (ESDC) deems an application to be incomplete, a government official will inform the employer that the application will not be processed. Employers are strongly encouraged to submit copies of documents rather than originals to avoid loss of documentation.

Receiving the results of a Labor Market Impact Assessment application

Successful applications will receive a positive or negative Labor Market Impact Assessment from Employment and Social Development Canada (ESDC). In the case of a positive Labor Market Impact Assessment, the employer will be issued a confirmation letter that will have a certain validity. This document will support the foreign worker work permit application. A negative Labor Market Impact Assessment is when Employment and Social Development Canada considers that the employer does not meet the requirements of the program.

The processing time for a Labor Market Impact Assessment varies depending on the type of job application.