Conditions for obtaining an LMIA license in Canada for an employer
Government of Canada policy requires employers to primarily use domestic Canadian labor to fill existing job openings in order to balance the labor market and prevent unemployment from rising in this country. If it is necessary to hire foreign labor, the employer must provide some information about the job position for which he intends to hire foreign labor.
This information includes the following:
- The employer must specify how many Canadian workers have applied for the position.
- Among the people who applied for this job position, several of them have been interviewed.
- Provide reasonable and convincing reasons for rejecting the application of the Canadian labor force who applied for the position.
After receiving an LMIA application, Employment and Social Development Canada (ESDC) considers various factors to decide whether a Canadian employer is eligible to hire a foreign worker.
Employment and Social Development Canada will consider the following factors:
- Are there glaring labor shortages in the region’s labor market that Canadian residents can’t fill?
- Has the Canadian employer made sufficient efforts to recruit a Canadian workforce for this position?
- Are the working conditions in accordance with municipal, provincial and federal laws and regulations?
- Is the proposed salary for the desired job position fair and in line with the average salary of this job in its geographical area?
- Will the foreign foreign workforce be able to perform their job duties and share their expertise and knowledge with Canadians?
- Is the salary considered for this job in line with the average salary for this job and its region?
- Will hiring foreign labor have a positive effect on creating and maintaining jobs in Canada?
Employment and Social Development Canada adjusts its assessment method depending on the type of work and workforce that the employer intends to hire.
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