LMIA- a simple step to Immigration but handle it professionally
LMIA or Labour Market Impact Assessment is an easy way out for all those people who already have a work offer in Canada and desire to get a work permit.
It turns out to be a blessing in disguise for such people. But all Canadian employers, as well as foreign workers, need to pay attention to the fact that the LMIA process is far from simple. It can turn out to be a complicated task if you do not have any kind of professional guidance.
Why is LMIA (Labor Market Impact Assessment)Needed?
It is essential to pay attention to the fact that the total LMIA processing time will depend on how accurately you have completed the application. You need to fill the application form is quite detailed manner.
It is done by the ESDC/Service Canada to ensure that things are moving in the right direction, and a good job is not being taken away from an entitled permanent resident or Canadian citizen.
Also, it is imperative for the government to confirm that the employer has a lawful business, there is a real job available, and the TFW is competent to do that job. Proper documentation needs to be submitted along with the application so that it is not rejected.
What is the Process to Apply for LMIA?
Recruitment Efforts Proof to be furnished before seeking LMIA:
While applying for LMIA, employers need to prove that they made substantial amounts of effort to search for a qualified permanent resident or Canadian citizen. As a matter of fact, in the application, there is a specific section where the details of efforts need to be included by the employers.
It is essential that as part of the search process, the employers use the Government of Canada’s Job Bank. The candidates with specific ranking need to be invited by the employers within the first 30 days of posting the job. The required depends on the position (a high-wage or low-wage).
Ineligible Applications- LMIA will be rejected in such circumstances:
There are some of the circumstances under which Service Canada/ ESDC will not consider an LMIA application. It is essential to pay attention to the fact that if IRCC considers an employer ineligible, the application will be rejected. This can happen due to noncompliance related to past revoking of a LMIA, or nonpayment.
There are some public policy reasons due to which a LMIA application might be rejected. The times taken for the LMIA processing can be influenced by the total number of applications received by the ESDC/Service Canada. The employers have no control over the total number of applicants, but they can ensure that their applications are error-free.
Immigration professionals have an essential role to play in simplifying the entire process as they are well aware of the Temporary Foreign Worker Program and choose a suitable category for an LMIA application.
How is LMIA used as a Tool to Defraud Immigrants?
The LMIA process has a significant role to play in ensuring that no permanent resident or Canadian citizen is willing, ready, and able to fill a definite position in Canada. Due to these reasons, the employer has been granted the authority to hire a foreign worker.
LMIA applications require proper documentation as well as statistical tabulation and prove to be a potent tool in defrauding immigrants. LMIAs are specific to the position being offered, employers, and the area in which the job is located.
You will require a new LMIA if you wish to change your employer or job. The process has a vital role to play in distinguishing between low wage and high-wage employees.
Also read- How to Verify Authenticity of LMIA
How Much Time Does It Take for LMIA to Be Issued?
There is no denying the fact that the exact time needed for LMIA processing cannot be predicted. It may vary from a couple of weeks to months also in some of the cases. ESDC or Employment and Social Development Canada has decided to process some of the LMIA applications in not more than ten business days.
The following categories can now be processed within a period of 10-business-day service standard:
- Short-duration work periods, which is 120 days or maybe less.
- All LMIA applications for the skilled trades or highest-demand occupations
- Top 10percent or highest-paid occupations