GLOBAL TALENT STREAM LMIA

Essential Aspects of the Global Talent Stream LMIA

The Global Talent Stream Labour Market Impact Assessment (GTS LMIA) is typically utilized to hire foreign professionals in engineering, information technology, and digital media roles. Firms in innovative sectors can also leverage this stream to attract unique foreign talent that helps them scale up and grow. For those exploring various options or looking to fill non-technical positions, it might be helpful to begin with an overview and comparison of the different LMIA streams.

Through the GTS LMIA, employers can hire foreign tech workers or unique talents faster compared to other streams. Occupations that qualify for this stream are in high demand in Canada; therefore, employers are exempt from the requirement to conduct domestic recruitment. This exemption results in faster preparation and expedited processing of applications under this stream

Checklist of Requirements: Category A and Category B

The primary criteria listed in the table below determine whether a business can use GTS LMIA to hire foreign workers. If you answer "yes" to all the following questions, you may consider using the GTS LMIA to hire foreign workers under Category A or Category B.

Category B: Global Talent Stream Occupation List

Global Talent Stream LMIA can only be used by employers looking to hire foreign workers in certain occupations that are in demand in Canada. This includes a list of occupations under Category B:

• Computer and information systems managers: NOC 20012‍
• Mathematicians and statisticians (except actuaries or related occupations: NOC 21210‍
• Data scientists: NOC 21211‍
• Cybersecurity specialists: NOC 21220
• Business system specialists: NOC 21221‍
• Information systems specialists: NOC 21222‍
• Database analysts and data administrators: NOC 21223‍
• Computer systems developers and programmers: NOC 21230‍
• Software engineers and designers: NOC 21231‍
• Software developers and programmers: NOC 21232‍
• Web designers: NOC 21233‍
• Web developers and programmers: NOC 21234‍
• Civil engineers: NOC 21300‍
• Electrical and electronics engineers: NOC 21310‍
• Computer engineers: NOC 21311‍
• Mining engineers: NOC 21330‍
• Aerospace engineers: NOC 21390‍
• Computer network technicians: NOC 22220‍
• Information systems testing technicians: NOC 22222‍
• Electrical and electronics engineering technologists and technicians: NOC 22310‍
• Producer, technical, creative and artistic director and project manager – Visual effects and video game (conditions apply): NOC 51120‍
• Digital media designers (conditions apply): NOC 52120

Category A: Global Talent Stream Position

If a vacant role is unique and specialized, and a foreign worker possesses skills that can help an innovative firm grow and scale up, then a firm can apply to Category A [unless a position is one from the list and can qualify for Category B as a priority option]. The position/job vacancy is not restricted to any specific occupation to be eligible for Category A, as long as the following requirements are met:

• hourly wage is at least $38.46 per hour ($80,000 annual base salary), or equivalent to the prevailing wage for the occupation if it is higher. For every third position in a one-year period under Category A, an employer must offer at least C$72.11 per hour.
• position requires advanced knowledge of the industry, and
• position requires an advanced degree in an area of specialization of interest to the employer, and/or
• position requires a minimum of 5 years of experience in the field of specialized experience
• a firm operates in Canada with a focus on innovation and potential for further growth, which can be validated by one of the designated organizations that can issue a referral under Category A of the Global Talent Stream

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Category A: Global Talent Stream Designated Partners

A list of organizations that can issue a referral letter for Category A of Global Talent Stream are the following:

Pan-Canadian

• ‍Business Development Bank of Canada
• ‍Council of Canadian Innovators
• ‍Global Affairs Canada’s Trade Commissioner Service
• ‍Innovation, Science and Economic Development Canada - Accelerated Growth Service
• ‍Invest in Canada
• ‍National Research Council - Industrial Research Assistance Program (NRC-IRAP)
• ‍Privy Council Office, Special Projects Team
• ‍TECHNATION

The Atlantic Region

• Atlantic Canada Opportunities Agency

New Brunswick

• Ignite Fredericton
• Venn Innovation
• Government of New Brunswick – Department of Post-Secondary Education, Training and Labour

Newfoundland and Labrador‍

• Genesis

Nova Scotia‍

• Cape Breton Partnership‍
• Government of Nova Scotia, Nova Scotia Business Inc.‍
• Halifax Partnership

Prince Edward Island

• Government of Prince Edward Island, Island Investment Development Inc.

Ontario

• Burlington Economic Development Corporation
• Invest Brampton
• Invest in Hamilton
• City of Mississauga
• Communitech Corporation
• Federal Economic Development Agency for Southern Ontario
• Government of Ontario, Labour, Training and Skills Development – Ontario Immigrant Nominee Program
• Government of Ontario, Ministry of Economic Development, Job Creation, and Trade – Ontario Investment Office
• Invest Ottawa
• Kingston Economic Development Corporation
• London Economic Development Corporation
• MaRS Discovery District
• Regional Municipality of Niagara
• York Region
• Sarnia-Lambton Economic Partnership
• Toronto Business Development Centre
• Toronto Global
• Town of Oakville
• Waterloo Region Economic Development Corporation
• Invest Windsor Essex
  

Labour Market Benefits Plan

Canadian companies seeking to hire temporary workers through the Global Talent Stream are required to develop and submit a Labour Market Benefits Plan (LMBP). This plan consists of a list of commitments that the company agrees to undertake in order to deliver at least three benefits to the Canadian labour market within a period of two or three years. Approximately every twelve months, employers may be subject to a review by Employment and Social Development Canada (ESDC) to ensure compliance with their LMBP and the achievement of their set targets. In cases of non-compliance, employers must provide a justification, or they may face a prohibition from using the GTS for several years.

Each LMBP must outline at least three (3) benefits that an employer aims to achieve during the duration of a foreign worker's employment, which can be up to three (3) years. This includes one (1) mandatory benefit and two (2) complementary benefits that contribute to the Canadian labour market.

In the LMBP, an employer must include:

• The labour market benefits they realistically anticipate achieving.
• The activities they plan to undertake to achieve the defined benefits.
• A timeline for each activity and benefit.
• Supporting documents that can be provided to an ESDC analyst during an LMBP progress review.

The scope of the benefits depends on the number of Temporary Foreign Workers (TFWs) a firm intends to hire through the GTS LMIA, as well as the specific business needs.

List Of Benefits Under Category A And Category B Of The Global Talent Stream

As a rule of thumb, mandatory and complementary benefits cannot be the same. Each benefit must be supported by at least one activity.For instance, if a business intends to hire foreign workers for specific positions, such as a Software Developer (NOC 21231) and a Web Designer (NOC 21233), it must first apply for an LMIA under GTS Category B. The mandatory benefit to be selected in this case is the investment in skills and training for Canadians or permanent residents. A suitable activity to fulfill this requirement could be a paid co-op or internship program. For example, an employer might plan to offer internships to last-semester students or graduates of a computer science program, with the potential of transitioning them to full-time employment upon the completion of the co-op or internship program. The target depends on the number of Temporary Foreign Workers (TFWs) requested, as well as on business performance and needs. For instance, hiring two interns in the first year and two more in the second year could be a reasonable strategy when seeking to fill two TFW positions. As complementary benefits, an employer may choose enhanced company performance and knowledge transfer to Canadians or permanent residents.

Labour Market Benefits Plan Approval

When ESDC receives a GTS LMIA application, a proposed LMBP is included in the form submitted online. In the context of the Global Talent Stream, the primary, and often sole, objective of an LMIA interview is to negotiate an LMBP. During the interview, an officer will review each proposed benefit, activity, and timeline with the employer. They will either confirm the proposals, seek clarifications, or suggest amendments based on the number of requested positions. Typically, the interview lasts about 30 minutes and is conducted over the phone or via video; in-person attendance is not necessary.

After the interview, the company will need to sign the final version of the LMBP, which is sent shortly thereafter by the processing officer.

Progress Review Of A Labour Market Benefits Plan

ESDC conducts LMBP progress reviews approximately every year, starting from the date of signing. During these reviews, employers are required to report the activities and benefits achieved within the past year or since the signing of the plan if an annual review has not been conducted. They must also provide supporting documents to demonstrate their commitments or justify any unachieved benefits that were planned.

The first review typically occurs about a year after signing an LMBP. This is the case irrespective of when a foreign worker received a work permit, arrived in Canada, or even if they became a permanent resident of Canada. It also applies if a company submitted subsequent GTS LMIA applications for additional foreign workers or amended the LMBP accordingly. Therefore, it is important to mark the month following the LMBP signing as the starting point for the reporting period.

Documents for Progress Review

It is also recommended to maintain an internal journal of activities and supporting documents in preparation for a review. For example, an employment contract with a newly hired Canadian or permanent resident can serve as evidence of job creation for Canadians and permanent residents. Similarly, a balance sheet and income statement can demonstrate enhanced company performance. Additionally, HR records of training sessions can be used as proof of knowledge transfer to Canadians or permanent residents, etc.

Compliance with the Labour Market Benefits Plan Versus Labour Market Impact Assessment Inspection

Progress reviews of an LMBP are separate and distinct from compliance audits related to an employer's adherence to the terms and conditions of hiring highly skilled foreign workers, as specified in an LMIA decision letter.

ESDC conducts annual progress reviews of an LMBP to assess how effectively an employer is meeting the specific commitments outlined in the plan. The objective is to report on a company's progress in creating lasting, positive impacts on the Canadian labour market.

On the other hand, compliance audits are conducted randomly and may or may not coincide with the LMBP progress reviews. The purpose of these audits is to ensure that employers comply with the terms of hiring highly skilled foreign workers or uniquely specialized talent under the GTS, while safeguarding the rights of temporary foreign workers.

Consequences of Non-Compliance with LMBP

It is crucial for employers to cooperate and respond promptly to ESDC regarding the scheduling and conducting of LMBP progress reviews, including providing supporting documentation. This cooperation is essential to maintain their continued eligibility for GTS.

Employers who fail to make reasonable efforts to meet their commitments or complete progress reviews within the requested timeframe are likely to receive a negative assessment on future GTS applications for a period of two years, starting from the date they are evaluated as not having made reasonable efforts in their LMBP. However, such employers will still be eligible to apply under different LMIA streams, if they meet the criteria.

It is important to note that employers are accountable for the commitments made in their employer-specific LMBP, even if a foreign national they have hired under the GTS becomes a permanent resident of Canada while employed in their organization.

Maximum Employment Duration Under The Global Talent Stream

The work permit issued through the Labour Market Impact Assessment (LMIA) under the Global Talent Stream is valid for a maximum of three years.

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.