What is a Labor Market Impact Assessment (LMIA)?

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Transcript

Welcome to a lecture the labor market impact assessment lmia. What is the labor market impact assessment? labor market impact assessment lmia is a document that an employer in Canada may need to get before hiring a foreign worker. Positive lmia will show that there is a need for a foreign worker to fill the job. It will also show that not Kenyan worker is available to do the job. A positive lmia is sometimes called a confirmation letter.

If the employer needs an lmia, they must apply for one. Once an employer gets the lmia the worker can apply for a work permit. The program has multiple streams including high skill, low skill caregiver primary agriculture and film and entertainment. edomites can also be used as an instrument to support an application for permanent residence. So the process that the employers use in Canada to hire foreign workers based on lmia is the following the employer will be posting jobs the job bank and other recognized platform for job and work interview a documented or the recruitment process. Once the process is completed, the gonna fill out the forms that require and pay the required fees to Service Canada and then offer assessment only takes a few months.

If everything goes well, the Service Canada will issue a positive lmia. Dial in my muscle the case they will have the name of the foreign worker the have been higher in more detail. For a better understanding. This is the process. The candidate employer needed a new employee interested to do a recruitment process, both in jobs and ads in different places. They cannot find suitable Canadian candidate permanent resident but find an application for a bro foreign worker, then they can issue an offer of employment.

The question comes either offer employment an lmia is yes, they can hire a foreign worker with a temporary foreign worker program will need to choose the lmia category you wish the employee is going to be higher and then apply for lmia. If they are near an lmia they're going to hire them through the international mobility program. And we'll see more details in the next slide. For the employer, you need to choose the right program for you. Immigration refugees and citizenship Canada I RCC offered programs that allow international talent to be hired as temporary foreign workers to fill temporary labor and skilled shortages. They are the international mobility program imp and temporary foreign worker program to fill up in the case that the lmia is needed.

The employer need to choose the category in which it will apply lmia have two main categories, the higher skilled occupations, which can be high wage positions or low wage positions and the lowest skilled occupations that can also be the high wage position or a low wage positions, their lawyers positions it will be or determine based on the market based on the information in the province OMalley through the job bank. Based on the requirements, the perceived high skill and low skill is paying on the capacious requirement. occupation. So this is the category that the employer needs to take into consideration and determine before they can do an application for lmia. So this category has two categories again, you have to refresh. The lmia has two categories, the highest skilled occupations and lowest skilled occupations, according to the National Occupational Classification, NOC.

Higher skilled occupations include NOC skilled type, zero skill level A and B occupations. Lower skilled occupations include NOC skill level c, and d occupations. Each of these categories has two secretaries, high wage, low skilled positions, and low wage high skilled positions will follow the median hourly wages by province or territory reposted by the Government of Canada we can see the different by property says based on the date prior to April 29, when the changes were made, and from April 29 2017. And will you'll see the difference 2530 at that time and 586 depending on when the lmia is apply in time where the position is required by basically the cycle I'm probably my province will see the difference. Of course, just the median hourly wage should need to take consideration also the occupation in question when it comes to lmia. If the wage offered by the employer is below, the median hourly wages then a highly likely dodgy lmia won't be approved.

You need to meet all the requirements by the Association and by the way, is Standards when it comes to the approval of the lmia. higher wage positions are offered at or above the provision territorial median hourly wage. Employers hiring under this category must provide a transition plan. This is very important to plan is necessary in this in this circumstances, planning to ensure future human resources needs without using the temporary foreign worker program. The idea is that yes, his employer is authorized to hire foreign worker. He can do so as far as they have a transition plan, which means that they can employ warm depend on the temporary foreign worker program for future growth or future opportunity.

The plan is that the foreign workers just help with the skill shortage in the moment but the situation will Improve during to hire Canadian permanent residents. The transition plan should describe activities the employers are agreeing to undertake to recruit, retain and train Canadians and permanent residents and to reduce their reliance on the temporary foreign worker program. Anything that is included in the authorization plan can be audited on a later date. Therefore, it is important to follow through on the initiative included in the plan. It's not just a fill in the blank, everything that is put in that plan has to be followed. Because you can be your anytime the employer can be audited and when they not comply with a with the audit, that's when they get into trouble.

So in the best benefit of employers and foreign workers this transition plan has to be viable and realistic. low wage positions or offer a salary below the provincial territorial median hourly wage lawyers hiding on the list category are solid to a cap on the proportion of foreign workers employed by specific work location. When it comes to low wage positions, there are low in consideration with the provincial median hourly wage, but in those cases, they're gonna have some limitations. Some cap, so the employer cannot hire as many as they want, but in proportion to the general workforce that works with a company 10% cap is a norm if they have no higher any foreign worker in low wage position prior to June 28 2014. And 20 10% cap is if they help hire foreign workers in low wage positions prior to June 2014. Also the cap impose on the problems lmia fees and processing times The application fee for my request is now 1000 Canadian dollars per worker.

If you ever wonder why not many employers like to use the way of going through the lmia process. One of the reason is a high costs represent. Of course, your employer truly needs you. And they have a real need, they will go through that. But just understand that the process of lmia is not a pleasant process for employers in Canada. Not only know every employer knows about the process, but also they have to face the costs of this process.

My processing time can be somewhat unpredictable, and lmia process can vary from a couple of weeks to a few months depending on the location, the position, the need, of the employer, Employment and Social Development Canada SDC has pledged to process certainly my application within 10 business days or something okay certain cases when they will expedite the application. The following categories will now be processed within 10 business days service standard. All lmia application for the highest demand occupations, skilled trades, highest paid top 10% of occupations, short duration work periods 120 days of less the process overview once the employer receives the lmia the potential employee can apply for a work permit as long as he or she has a job offer letter, a contract a copy of the lmia and the lmia number The top five reasons for my refusal, as you can find on the internet are insufficient or inadequate recruitment efforts, not continuous advertising or erroneous NOC code analysis.

If the employer isn't documented, right, is the employer didn't advertise enough or if the employer use the wrong NOC, then the submission for lmia to be refused. No meaning the prevailing wage Believe it or not, so employ Kyla employers my made a mistake of not putting the right prevailing wage we saw before they have to meet the requirements and check what the industry of the market is paying for the position and also the median average wages in the province when the job will be located. Incomplete application another reason signatures date, blank lines in the form. There's a few reasons that's why the application has to be through has to be checked. There are times for certain people to make sure that every information that is requested is included and all the supporting documents are included in the application. No minimum progress requirements.

Again, the first thing you need to do employer to make sure that they understand all the requirements of the program and also employee to a potential foreign worker also meet the requirement for the immigration program. Your preparedness for the interview, sometimes they interview an interview, the employer can be interviewed if there's any doubt. Also, the foreign worker can be interview. But in this case, because we talked about lmia, we focus on the employer and if they're not ready for the interview, they can also sustain and To prove that there are real need for the foreign worker to be higher, then that's one reason for me to be refused. And this is the end of the lecture. Thank you very much.

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