LMIA Fees

LMIA Fees Estimate

Employers looking to hire a temporary foreign worker can typically include the cost of obtaining a Labour Market Impact Assessment (LMIA) as a business expense. LMIA-related fees may include:

  • LMIA Processing Fee (CAD 1,000 per position)
  • Costs to advertise the position
  • Administrative expenses for the time and resources spent preparing and submitting the application
  • Legal fees if hiring an immigration lawyer to assist with the LMIA process

Not every case will encompass all the above fees. Below, we explain scenarios in which employers may be exempt from paying LMIA Processing Fees and detail other expenses involved in the LMIA process.

LMIA Processing Fee

The LMIA Processing Fee is set at CAD 1,000 for each position requested. For instance, if an employer applies for an LMIA for two positions, the total fee would be CAD 2,000. This fee is paid to the Department of Employment and Social Development Canada (ESDC)/Service Canada.

Payment is made online and is only required after ESDC/Service Canada issues a payment request. This request typically occurs within a few business days following the submission of a complete LMIA application, which includes all required documents and forms.

Please note that the LMIA Processing Fee is non-refundable, even in the event of a negative assessment.

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LMIA Processing Fee Exemptions

Employers who hire agricultural workers, as well as families wishing to employ foreign caregivers, may qualify for an exemption from the LMIA Processing Fee under the following conditions:

  • Hiring agricultural workers through the Agricultural LMIA Stream.
  • Hiring a foreign caregiver for individuals with high medical needs who cannot care for themselves, under the In-home Caregiver LMIA Stream.
  • Hiring a foreign nanny to provide childcare for a child under 13 years of age, provided the family's gross income is less than CAD 150,000.

Costs to Advertise LMIA Positions

Employers are typically required to attempt to recruit Canadians and permanent residents before applying for an LMIA. This process usually involves posting the job on three to five job boards. The cost for a one-month job advertisement can vary, ranging from CAD 100 to CAD 500, with some job boards even offering free postings.

As a result, the total cost for advertising a job across multiple job boards to meet LMIA requirements generally starts at CAD 300 or higher. Fees for job boards can differ based on factors such as the board's popularity, the duration of the advertisement, and any additional features offered.

While employers have the freedom to choose which job boards to use for their advertisements, cost should not be the sole factor guiding their decisions. They must also consider the specific LMIA requirements for advertising to ensure that the platforms they choose meet these criteria.

For more information, learn about the recruitment of Canadians and permanent residents as part of the LMIA process, including scenarios where an employer may be exempt from this requirement. If exempt, the employer would not need to incur the cost of advertising.

Administrative Costs

Employers with in-house legal and human resources departments may opt to rely solely on their internal staff for preparing and filing an LMIA application. In such cases, it is important to account for the time spent by these employees.

While the success of an LMIA application is largely dependent on the quality of the documents provided by the company, the process involves numerous technicalities. A failure to adhere to these can lead to a negative assessment. Therefore, it is highly recommended to engage a law firm specializing in LMIAs. Ensuring the application meets all LMIA requirements is crucial, but it is equally important - if not more so - to maintain compliance, particularly in anticipation of future inspections or when reapplying to the LMIA program to hire additional temporary foreign workers.

Legal Fees

Lerom Law Firm specializes in LMIA representation. Our services range from advising on specific aspects of the LMIA process to providing comprehensive representation. This full representation includes preparing and filing LMIA applications, assisting with temporary foreign worker applications, and preparing for and responding to compliance inspections. Learn more about the fees and services provided by Lerom Law's LMIA lawyers.

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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.

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FAQ

What are the typical fees associated with obtaining an LMIA?

Employers looking to hire a temporary foreign worker must account for various fees when obtaining a Labour Market Impact Assessment (LMIA), including: 1) The LMIA Processing Fee, set at CAD 1,000 per position; 2) Costs associated with advertising the position, which can range from CAD 100 to CAD 500 for a one-month job advertisement; 3) Administrative expenses related to preparing and submitting the LMIA application 4) Legal fees, should the employer choose to hire an immigration lawyer to assist with the LMIA process.

When is the LMIA Processing Fee due, and is it refundable?

The LMIA Processing Fee of CAD 1,000 per position is due after Employment and Social Development Canada (ESDC)/Service Canada issues a payment request. This usually occurs a few business days after submitting a complete LMIA application. It's important to note that this fee is non-refundable, even if the assessment is negative.

Are there any exemptions to the LMIA Processing Fee?

Yes, certain employers may be exempt from the LMIA Processing Fee. Exemptions apply to: 1) Employers hiring agricultural workers through the Agricultural LMIA Stream; 2) Families hiring a foreign caregiver for individuals with high medical needs under the In-home Caregiver LMIA Stream; 3) Families hiring a foreign nanny for children under 13 years of age, with a gross income of less than CAD 150,000.

What are the costs associated with advertising LMIA positions?

Before applying for an LMIA, employers are required to advertise the position to Canadians and permanent residents. This involves posting the job on three to five job boards, with costs for a one-month advertisement ranging from CAD 100 to CAD 500. Some job boards may offer free postings. The total advertising cost to meet LMIA requirements typically starts at CAD 300 or higher.

What constitutes administrative costs in the LMIA application process?

Administrative costs include the time and resources spent by an employer's in-house legal and human resources departments in preparing and filing the LMIA application. These costs vary depending on the complexity of the application and the time invested by the staff. Employers are advised to consider these internal costs when budgeting for the LMIA process.

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