LMIA Stream Selection: A Primer for Employers
Choosing the right Labour Market Impact Assessment (LMIA) stream through which a business can hire foreign workers is a pivotal first step. This choice determines the specific criteria a business must fulfill in the LMIA process to gain approval to employ foreign workers.
The optimal LMIA stream is influenced by various factors, including an employer's business background, job vacancy description, location, salary, and other employment terms.
Recognizing which LMIA stream to utilize provides employers with a clearer understanding of any exemptions or additional requirements they might face, compared to the standard procedures in the LMIA process. For instance, businesses recruiting for essential roles in regions experiencing significant shortages might be exempt from advertising the vacancy locally before proceeding with an LMIA application.
Main Types of LMIA Applications
There are six primary LMIA streams, several of which have substreams or categories:
- High-wage LMIA Stream: This stream is for employers looking to hire highly skilled or semi-skilled temporary foreign workers. It is applicable when the proposed wage meets or exceeds the median wage at the provincial level.
- Low-wage LMIA Stream: Tailored for low-skilled job positions, this stream is relevant when the hourly wage for temporary foreign workers is below the provincial median wage.
- Agricultural Streams: These streams allow farms to hire foreign agricultural workers for specific roles tied to primary agriculture. The Seasonal Agricultural Worker Program is restricted to workers from Mexico and certain Caribbean countries, whereas the general Agricultural Stream is open to all foreign nationals.
- Permanent Residence LMIA (for Express Entry) Streams: Aimed at employers who want to support temporary foreign workers in attaining Canadian permanent residency. Job offers are no longer adding points to the foreign national's Express Entry profile. Employers keen on retaining foreign workers and supporting their permanent residency at the same time can opt for a dual intent LMIA.
- Global Talent LMIA Stream: This stream allows Canadian companies to hire highly skilled foreign professionals for government-approved, in-demand technology and engineering roles. It is especially valuable for innovative companies that aim to fill unique and specialized positions, driving their growth and scaling efforts, provided they are referred by designated referral partners.
- In-Home Caregiver LMIA: This stream caters to private households needing in-home caregivers for children, seniors, or individuals with medical needs.
LMIA Stream Selection: By Criteria
A comparative table of LMIA Streams, sorted by essential criteria, illustrates the main differences in eligibility for employers.
LMIA Stream
Wage Criteria
Occupation Criteria
Business Criteria
Foreign Worker Criteria
High-wage
Equal or above provincial median wage and occupational median
Mostly semi-/highly-skilled (but not limited to these
Operational business in good financial standing
Any foreign national meeting job requirements
Low-wage
Above occupational but below provincial median wage
Low-skilled occupations
Operational business in good financial standing
Any foreign national meeting job requirements
Agricultural or Seasonal Agricultural
Wage rates as per wage tables or federal, provincial, territorial minimum wage rates, whichever is higher
Specific agricultural roles such as managers, contractors, supervisors, specialized livestock workers, machinery operators, and nursery/greenhouse labourers
Operational business in good financial standing; Must be farm, nursery or greenhouse; Production must be on the National Commodities List
Any foreign national; For Seasonal Agricultural Worker stream, only citizens of Mexico and certain Caribbean countries
Permanent Residence (Express Entry)
High or low wage
Positions in NOC's TEER 0/1/2/3, including management, professional, scientific, technical, or trade occupations
Operational business for at least 1 year, in good financial standing, offering a permanent job
Any foreign national meeting job requirements
Global Talent
Equal to or above the median wage for the occupation and work location
Specific tech and engineering roles on the Global Talent Occupations List, or unique and specialized roles
Operational business in good financial standing; For unique and specialized roles, business must be an innovative firm with a referral from a designated organization
Any foreign national meeting job requirements
In-home Caregiver
Equal to or above the median wage for the occupation and work location
Specific caregiving jobs, e.g., child care provider, live-in caregiver, nanny, registered nurse, registered psychiatric nurse, licensed practical nurse, attendant for persons with disabilities, home support worker, live-in caregiver, personal care attendant
Families or private households in good financial standing, requiring caregivers for children or persons with high medical needs
Any foreign national meeting job requirements
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