Important Updates for Temporary Foreign Workers with a Labour Market Impact Assessment (LMIA)
Post by : Admin on Sep 03,2024
Most employers in Canada need an LMIA to hire a temporary foreign worker. An LMIA is a document issued by Employment and Social Development Canada (ESDC), which assesses the impact of hiring foreign workers in the country. The document ensures that you need a temporary foreign worker to fill that specific position in your firm. The Canadian Government brings forth important updates in 2024 for employers with LMIA and an interest in hiring foreign temporary workers under the Temporary Foreign Worker Program (TFWP).
Reducing the number of foreign workers in Canada
The TFW or Temporary Foreign Worker Program is meant to hire foreign nationals only when no Canadian or permanent resident is eligible for the position. Minister Boissonnault, however, announced that they were planning to reduce the dependence of employers on this program.
The following changes will be implemented from 26th September 2024 to the low-wage stream of the Temporary Foreign Worker (TFW) program.
The Canadian Government will no longer process LMIAs in the low-wage stream in specific areas. It will be applicable in census metropolitan areas which has an unemployment rate of 6% or more.
Exceptions include seasonal and non-seasonal jobs in food security, construction and healthcare sectors.
Canadian employers can hire only 10% of their total workforce under the TFW program. This will be applied to the Low-Wage stream.
Exceptions include seasonal and non-seasonal jobs in food security, construction and healthcare sectors.
Temporary workers hired through the Low-Wage stream can work for a maximum of one year.
These tight measures ensure that Canadian employers invest in the workers available in the country. They should also focus on upskilling to help the employees adapt to the economy of the future.
Refusing LMIA Applications for low-wage positions in Montreal
LMIA applications that were submitted between 3rd September 2024 and 3rd March 2025 will not be processed. The Government has refused to process certain LMIA applications, such as:
- Jobs with a wage below the median hourly wage of $27.47 in Quebec
- Jobs that have a work location in the economic region of Montreal
Exceptions
LMIA applications for specific in-home caregiver positions in sectors such as construction, education, construction and others are exempted from the above rule.
Managing impacts of hazardous weather
You should meet the following requirements if your business cannot operate due to the weather:
- Issue ROEs to help TFWs apply for Employment Insurance benefits.
- Inform the Employer Contact Centre of any changes to the LMIA (for example- layoffs)
Canadian employers need to meet program obligations if they or their workers are affected by hazardous weather conditions. Employers should contact their respective regional processing centres in the case of any unreachable TFWs.
Do you need an LMIA?
The government is getting stricter with LMIA applications. As an employer, you should be aware of your duties and responsibilities related to the LMIA. You should have a clear idea about which type of application to submit to hire eligible foreign national candidates. Getting an LMIA is quite a daunting task. You can get thorough guidance from immigration consultants such as the ones at Onkar Immigration. They are licensed professionals who can help you through the LMIA process till the end.
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