LMIA application documents

LMIA Documents Requirements

Employers must submit documents demonstrating they meet the eligibility requirements to apply for a Labour Market Impact Assessment (LMIA). Some firms may not need to provide these documents if they have applied previously and their most recent LMIA was approved within the last two years. For all other businesses, read on to understand which LMIA documents you need to gather and file with your application.

LMIA documents, often referred to as “Business Legitimacy Documents,” assist Employment and Social Development Canada (ESDC)/Service Canada in determining whether an employer is actively conducting business, genuinely facing a shortage when trying to fill a requested position, and can reasonably fulfill the terms of an offer. This includes paying wages and providing working conditions that align with Canadian standards, as well as ensuring there are no ongoing or unresolved compliance issues from past hiring of temporary workers.

List of Basic Documents for an LMIA Application

Employers can choose from the list of documents that are either available or best demonstrate they meet a specific requirement. Even new but already operational businesses must submit at least one document proving active business operation and another document demonstrating their good financial standing, totalling at least two supporting documents from the list below:

• Valid municipal/provincial/territorial business license (proof of business operation) ‍
• T4 Summary of Remuneration Paid (proof of business operation) ‍
• PD7A Statement of Account for Current Source Deductions  (proof of business operation) ‍
• T2 Schedule 100 Balance Sheet Information and T2 Schedule 125 Income Statement Information, or T2042 Statement of Farming Activities, or T2125 Statement of Business or Professional Activities, or T3010 Registered Charity Information Return (proof of good financial standing)‍
• T4 Statement of Remuneration Paid or payroll records for a minimum of 6 weeks immediately prior to the submission of an LMIA application, if a temporary foreign worker is already employed by a business in Canada (proof of good financial standing)
• An attestation of genuineness from an official (such as an account manager, branch manager, or someone with higher delegated signing authority) from a financial institution that is either federally or provincially regulated (proof of both business operation and good financial standing). Effective October 28, 2024, attestations from professional accountants or lawyers are no longer acceptable to prove their business legitimacy.

If a business is not yet operational and exists solely as a concept or idea, it cannot prove an immediate employment need linked to ongoing business projects.

LMIA Application Form and Stream-Based Documents

Every LMIA application must include a form or forms specific to the chosen LMIA stream. These forms are automatically generated in the LMIA Online Portal based on the information the employer provides and must be completed. If businesses wish to appoint a representative, they need to submit a dated and signed form to that effect.

The information in the LMIA application form is used to evaluate reasonable employment needs, as well as other requirements related to the specific stream and its associated documents. Consequently, the questions on the LMIA application form may vary depending on the chosen LMIA stream and its unique requirements.

For instance:

• Employers applying under LMIA stream categories that require recruitment (which applies to the majority of applications) must complete the "Recruitment Results of Canadians and Permanent Residents" section. They also need to provide proof of advertisements and other pertinent supporting documents.
• Employers hiring through the High-Wage LMIA Stream must outline the activities they intend to carry out to transition to the Canadian labour force as part of their Transition Plan.
• Businesses hiring specialized and tech workers under the Global Talent Stream must describe the steps they plan to take to achieve benefits, as outlined in their Labour Market Benefits Plan.
• Companies submitting Low-Wage LMIA applications must provide a cap calculation to show that their request for additional positions aligns with the established cap. They also need to provide evidence of covering round-trip transportation costs, the availability of suitable and affordable housing, private health insurance that covers emergency medical care until provincial coverage starts, and workplace safety insurance. The same supplemental documents are required for Agricultural LMIA Streams, along with proof of a housing inspection report and coverage for daily transportation between the housing location (whether on-site or off-site) and the work location.

Further, depending on the industry of business operation, the entity status (domestic vs. foreign), and the position itself, additional or different documents may be required, as described below.

Additional LMIA Documents for Jobs in Certain Locations

Employers hiring workers for job locations in British Columbia, Manitoba, Saskatchewan, or Nova Scotia must provide a copy of their provincial employer registration certificate unless exempted.

• Register to hire foreign workers in British Columbia‍
• Employer registration information for Manitoba‍
• Apply for a certificate of registration in Saskatchewan‍
• Employer registration – How to register in Nova Scotia

Additional LMIA Documents When Hiring Truck Drivers

Transportation companies seeking to hire truck drivers must provide additional documents to support their business legitimacy. These supplementary documents are required for each LMIA application, regardless of any previous positive LMIA decisions. The required documents include:

• A current copy of the company’s carrier or public profile document
• A national safety certificate number
• Current fleet insurance

Variation of LMIA Documents for Families Hiring Caregivers

Given that the primary purpose of hiring a caregiver is for personal use rather than commercial business operations, the required LMIA documents differ. A private household looking to hire a caregiver, irrespective of previous positive LMIA decisions, must submit the following documents with their LMIA application:

• ‍Proof of Income: Documentation showing their income exceeds the low-income cut-off (LICO) set by Statistics Canada. If the LMIA application is submitted after July 1st, the previous year's Canada Revenue Agency Notice of Assessment (NOA) should be provided. The NOA acts as an alternative to the proof of good financial standing document typically required for commercial businesses.‍
• Proof of Address: This can be a driver's license, utility bill, provincial/territorial identification card, bank statement, CRA notice of assessment, or a statement from other government benefits such as CPP, OAS, or GIS. If both the private household/family (employer) and the care recipient share the same address, proof of address documents are not necessary. However, if the foreign worker will operate outside the household's home, proof of address is mandatory.
• ‍Proof of an Individual Requiring Care: Suitable documents include a long-form birth certificate, adoption order, official guardianship, or a medical doctor's note confirming a pregnancy and its due date (for children under the age of 18). For seniors aged 65 or older, a birth certificate, passport, or Old Age Security identification card can be submitted. For each disabled, chronically, or terminally ill person, a completed Schedule H - Medical Disability, Chronic or Terminal Illness Certificate (EMP5600) form, signed and dated by the physician, is acceptable. Alternatively, a physician's note attesting that a patient has a disability, chronic, or terminal illness and requires a live-in caregiver can be provided.

Additional LMIA Documents for Employers Sponsoring a Foreign Worker for Permanent Residence

Beyond the basic document list, employers seeking to hire a skilled foreign worker to support their permanent residency - or both their work permit and permanent residency - must provide documentation proving their business has been in operation for at least one year.

Additional LMIA Documents for Foreign Vessels in Canadian Waters Filling Onboard Positions

Foreign vessels engaged in coastal trade within Canadian waters are required to submit a copy of the Coasting Trade Act letter of authority, as issued by the Canada Border Services Agency, when hiring for onboard positions.

Variation of LMIA Documents for Foreign Employers Without a CRA Number Providing Services in Canada

Foreign employers who lack a Canada Revenue Agency number and whose business address and operations are outside Canada can submit a contract or invoice detailing the goods or services they are providing within Canada.

Start LMIA

Depending on business conditions, stages, and needs, there are specific steps to follow in the LMIA process.

If you are looking for a corporate immigration law firm or lawyer in Canada, we are here based in Toronto to help. Call us at +1-647-493-5205 or email info@leromlaw.com for additional information you need to start the process.