What is a Labour Market Impact Assessment, and do I need it for a job offer for Express Entry?

 

An LMIA assesses whether or not hiring foreign talent will have a positive or a negative impact on the Canadian labour market. To apply, Canadian employers must include information about their business, the position they are seeking to fill with a foreign worker, and must include evidence that they have attempted to hire a Canadian citizen or permanent resident to fill the position.A Labour Market Impact Assessment (LMIA) is a document obtained by a Canadian employer who wishes to hire a foreign national to fill an open position. Only a Canadian employer can apply for an LMIA, foreign workers cannot apply on their own.

LMIAs are submitted to Employment and Social Development Canada (ESDC). ESDC reviews all submitted LMIAs to determine whether an LMIA is positive or negative. A positive LMIA means that hiring a foreign worker will have a positive effect on the Canadian labour force, while a negative LMIA means it will have a negative effect.

You need a job offer supported by a positive LMIA in order to count the job offer towards your Express Entry profile and CRS score. The exception to this rule, is for jobs that are LMIA-exempt.

LMIA-exempt job offers

In certain cases, Canadian employers are exempt from requiring an LMIA to hire foreign workers. There are three broad categories of LMIA exemptions:

1. Exemptions through international trade agreements, such as NAFTA;
2. Exemptions through agreements between the Canadian federal government and provincial governments; and
3. Exemptions due to “Canadian interests”, such as an intra-company transfer.

For full details about LMIA-exemptions, please consult IRCC’s guidelines on which jobs are exempt from requiring an LMIA. If you claim points for an LMIA-exempt job offer on your Express Entry profile, you will have to prove the offer meets the exemption criteria if you are invited to apply for permanent residence.