Last updated: July 30, 2026
An LMIA-based work permit remains one of the main ways Canadian employers can hire foreign workers when qualified Canadian citizens or permanent residents are not available.
However, obtaining an LMIA is not simply a matter of finding an employer, posting a job advertisement and completing an application form. The employer must prove that the job offer is genuine, the wage is appropriate, the recruitment process was meaningful and hiring a foreign worker will have a positive or neutral effect on Canada’s labour market.
The foreign worker must then complete a separate immigration process and convince Immigration, Refugees and Citizenship Canada, commonly known as IRCC, that they qualify for the position and meet all work-permit and admissibility requirements.
This creates a two-stage process:
- The employer applies to Employment and Social Development Canada and Service Canada for an LMIA.
- After a positive LMIA is issued, the foreign worker applies to IRCC for an employer-specific work permit.
A positive LMIA is important, but it is not a work permit and does not guarantee that the worker will be allowed to enter or work in Canada.
LMIA Rules at a Glance in 2026
Here are some of the most important current rules:
- The standard LMIA processing fee is CAD $1,000 for each position requested.
- High-wage and low-wage streams are determined using provincial and territorial hourly wage thresholds, not one national salary figure.
- High-wage recruitment generally requires at least four consecutive weeks of advertising.
- Low-wage recruitment generally requires at least eight consecutive weeks of advertising.
- The regular low-wage cap is generally 10% of the workforce at a specific work location.
- Certain sectors can use a 20% low-wage cap.
- A high-wage LMIA may normally support employment for up to three years.
- A regular low-wage LMIA may normally support employment for up to one year.
- A positive LMIA is usually valid for a maximum of six months, meaning the worker must submit the work-permit application before the LMIA expires.
- Global Talent Stream applications have a service standard of 10 business days in 80% of cases.
- As of March 25, 2025, Express Entry candidates no longer receive 50 or 200 CRS points merely for having an eligible job offer.
Because wage thresholds, processing times, unemployment rates and temporary restrictions change regularly, employers should verify the rules again immediately before submitting an application.
What Is an LMIA?
A Labour Market Impact Assessment, or LMIA, is an assessment completed by Employment and Social Development Canada and Service Canada.
Its purpose is to determine whether hiring a temporary foreign worker is likely to have a positive, neutral or negative impact on the Canadian labour market.
A positive LMIA generally confirms that:
- the employer has a genuine need for the position;
- the business and job offer appear legitimate;
- the employer has made the required efforts to recruit Canadians and permanent residents;
- the wage and working conditions meet program requirements; and
- hiring the foreign worker is not expected to negatively affect Canadian workers.
A negative LMIA means Service Canada was not satisfied that the requirements were met or that hiring a foreign worker was justified.
An LMIA belongs to the employer and is connected to a particular job, occupation, wage, work location and period of employment. It is not a personal immigration document that a foreign worker can obtain independently.
Who Applies for the LMIA?
The Canadian employer applies for the LMIA.
A foreign worker cannot personally submit an LMIA application for themselves. The worker may provide documents about their education, experience or identity, but the employer remains responsible for:
- selecting the correct LMIA stream;
- conducting recruitment;
- paying the LMIA fee;
- demonstrating business legitimacy;
- responding to Service Canada;
- complying with employment and recruitment laws; and
- fulfilling the commitments made in the application.
This distinction is important when evaluating job offers. A person who claims they can “sell an LMIA” without a genuine Canadian business, position or recruitment process may be participating in misrepresentation or immigration fraud.
Employers are prohibited from recovering LMIA processing fees, recruitment costs or representative fees from the temporary foreign worker, directly or indirectly.
Find out if you need a Labour Market Impact Assessment
Does Every Foreign Worker Need an LMIA?
No. Canadian employer-specific work permits can be divided into two broad systems.
Temporary Foreign Worker Program
The Temporary Foreign Worker Program generally requires an LMIA. It includes streams such as:
- high-wage positions;
- low-wage positions;
- the Global Talent Stream;
- primary agriculture;
- the Seasonal Agricultural Worker Program;
- certain caregiver positions; and
- applications supporting permanent residence.
International Mobility Program
The International Mobility Program allows employers to hire eligible foreign nationals without an LMIA when the employment creates broader economic, social or cultural benefits for Canada or is covered by an international agreement.
Possible LMIA-exempt categories include:
- certain professionals under free trade agreements;
- eligible intra-company transferees;
- Francophone Mobility outside Quebec;
- certain reciprocal-employment categories;
- some significant-benefit work permits; and
- open work-permit holders.
An LMIA exemption must be supported by a specific exemption code and eligibility category. Merely being highly skilled, working in technology or being a citizen of a country that has a trade agreement with Canada does not automatically create an exemption.
The Global Talent Stream is not LMIA-exempt. It is an expedited LMIA stream within the Temporary Foreign Worker Program. The broader Global Skills Strategy includes both LMIA-required and LMIA-exempt cases.
Choosing the Correct LMIA Stream
Selecting the wrong stream can delay the application, result in lost fees or require the employer to withdraw and apply again.
The most common streams are:
| LMIA stream | Generally appropriate for |
|---|---|
| High-wage stream | Positions paying at or above the applicable provincial or territorial hourly threshold |
| Low-wage stream | Positions paying below the applicable provincial or territorial hourly threshold |
| Global Talent Stream | Certain unique, specialized or listed in-demand technology and highly skilled occupations |
| Permanent-residence stream | Eligible job offers intended to support a foreign worker’s permanent-residence application |
| Agricultural stream | Eligible on-farm primary-agriculture occupations |
| Seasonal Agricultural Worker Program | Seasonal agricultural workers from participating countries |
| Caregiver applications | Certain in-home childcare and home-support positions |
The worker’s NOC or TEER category alone does not determine whether a position is high-wage or low-wage. The offered hourly wage is compared with the threshold for the province or territory where the worker will perform the job.
Current High-Wage and Low-Wage Thresholds
For LMIAs received on or after July 17, 2026, the following hourly thresholds apply:
| Province or territory | Hourly threshold |
|---|---|
| Alberta | $37.50 |
| British Columbia | $38.40 |
| Manitoba | $31.33 |
| New Brunswick | $31.73 |
| Newfoundland and Labrador | $33.60 |
| Northwest Territories | $48.00 |
| Nova Scotia | $31.96 |
| Nunavut | $45.00 |
| Ontario | $36.92 |
| Prince Edward Island | $31.20 |
| Quebec | $36.00 |
| Saskatchewan | $34.62 |
| Yukon | $45.60 |
An offered wage at or above the applicable threshold normally places the application in the high-wage stream. A wage below the threshold normally places it in the low-wage stream.
These thresholds equal the applicable provincial or territorial median hourly wage plus 20%. They are used to determine the LMIA stream; they are not necessarily the wage that must be paid for the occupation.
A Critical Distinction: Stream Threshold Versus Prevailing Wage
One of the most frequently misunderstood parts of an LMIA is the difference between the stream threshold and the prevailing wage.
The provincial or territorial threshold determines whether an application belongs in the high-wage or low-wage stream.
The prevailing wage determines whether the actual wage offered for the occupation is acceptable.
For most high- and low-wage applications, the employer must offer the highest of:
- the Job Bank median wage for the occupation and work location; or
- the wage range paid to existing employees performing the same job at the same location with comparable skills and experience.
Consider an Ontario position offered at $38 per hour. Because the Ontario threshold is $36.92, the application may belong in the high-wage stream. However, if the Job Bank median wage for that occupation and location is $42 per hour, an offer of $38 may still be insufficient.
Conversely, increasing a wage solely to place the application in the high-wage stream can create credibility concerns if the employer does not pay comparable Canadian employees a similar amount.
Only guaranteed wages are normally considered. Overtime, discretionary bonuses, tips, commissions, profit sharing and most non-wage benefits cannot be used to raise the hourly wage for LMIA purposes.
Practical wage strategy
The wage should make sense within the employer’s actual compensation structure.
Before advertising, the employer should review:
- the current Job Bank median wage;
- wages paid to comparable current employees;
- the position’s experience and education requirements;
- the employer’s payroll records;
- any collective agreement;
- whether the role includes supervisory or specialized duties; and
- whether the wage is financially sustainable for the full requested period.
A wage that appears unusually high only to avoid the low-wage rules may attract questions. A wage that is too low will normally result in a negative assessment.
Employers must also review prevailing wages during the worker’s employment and make required adjustments when official wage information changes.
Employer Eligibility and Business Legitimacy
Service Canada does not assess only the job advertisement. It also assesses whether the business and job offer are genuine.
A business-legitimacy assessment examines four core questions:
- Is the employer actively providing a good or service in Canada?
- Is the job consistent with the reasonable needs of the business?
- Can the employer fulfil the terms of the job offer, including wages and financial obligations?
- Is the employer compliant with applicable federal, provincial and territorial laws?
Failure to satisfy any one of these factors can result in a negative LMIA.
Evidence that may support business legitimacy
Depending on the employer and stream, relevant documents can include:
- municipal or provincial business licences;
- corporate registration documents;
- CRA tax filings;
- T4 summaries;
- payroll records;
- balance sheets and income statements;
- commercial leases;
- customer invoices and contracts;
- proof of current operations;
- organizational charts;
- employee lists;
- evidence of growth or new contracts; and
- proof that the employer can sustain the offered wage.
The goal is not to submit the largest possible volume of documents. The goal is to submit documents that answer the officer’s likely questions clearly and consistently.
New and small businesses
A new or small business is not automatically disqualified. However, it may face closer examination of:
- why the position is needed now;
- how the duties relate to existing operations;
- whether sufficient work exists for a full-time employee;
- how the wages will be funded;
- why existing staff cannot perform the work; and
- whether the position was created mainly to facilitate immigration.
Employers that have not employed a temporary foreign worker during the previous six years may also be reviewed regarding their efforts to maintain an abuse-free workplace and any affiliation with ineligible employers.
The NOC Code Must Match the Real Job
The National Occupational Classification code should be selected primarily according to the worker’s actual duties, not the preferred job title.
For example, calling a position “operations manager” does not make it a management occupation if the employee will mainly perform administrative, retail or customer-service tasks.
The following should remain consistent:
- job title;
- lead statement of the NOC;
- main duties;
- education requirements;
- experience requirements;
- wage;
- organizational level;
- advertisements;
- employment agreement;
- LMIA application; and
- work-permit application.
Not every NOC duty must be copied into the job description. However, the essential duties and overall nature of the position should align with the selected occupation.
Artificially changing duties or titles to obtain a higher TEER category, a higher wage or an immigration advantage can create misrepresentation concerns.
Step-by-Step LMIA Application Process
Step 1: Determine whether an LMIA is necessary
Before starting recruitment, the employer should check whether the worker may qualify for an LMIA-exempt work permit.
An LMIA should not be pursued merely because it is familiar. In some cases, an International Mobility Program category may be faster or more appropriate.
Step 2: Identify the correct stream
The employer should confirm:
- the NOC code;
- work location;
- prevailing wage;
- provincial or territorial threshold;
- high-wage or low-wage classification;
- applicable cap;
- regional unemployment restrictions;
- occupation-specific variations;
- provincial employer-registration requirements; and
- expected employment duration.
This screening should occur before the job advertisement is published. An incorrect wage, NOC code or job description in the advertisement can require the recruitment process to restart.
Step 3: Design compliant recruitment
Recruitment should be designed for the actual occupation and labour market.
A generic job board may be suitable for some positions but unconvincing for a specialized engineer, medical professional or senior technical role. Service Canada expects the recruitment channels to reach people who could reasonably qualify for the job.
Step 4: Advertise the position
Regular high-wage and low-wage applications have different minimum advertising requirements.
| Requirement | High-wage stream | Low-wage stream |
|---|---|---|
| Minimum advertising period | 4 consecutive weeks | 8 consecutive weeks |
| Timing | Within 3 months before application | Within 3 months before application |
| Job Bank | Normally required | Normally required |
| Additional methods | At least 2 | At least 2 |
| Special focus | One additional method must normally be national in scope | Additional methods must target different underrepresented groups |
| Ongoing advertising | At least one activity continues until the LMIA decision | At least one activity continues until the LMIA decision |
High-wage employers using Job Bank must generally invite qualifying four-star Job Match candidates who appear during the first 30 days to apply. For low-wage positions, the invitation requirement generally applies to matches rated two stars or higher.
Employers must also consider applications submitted through Job Bank’s Direct Apply feature.
Step 5: Assess Canadian and permanent-resident applicants
Advertising is not simply a waiting period.
The employer should maintain a recruitment record showing:
- the number of applications received;
- which candidates were Canadian citizens or permanent residents;
- which candidates were interviewed;
- whether candidates met the advertised requirements;
- why each unsuccessful candidate was not hired; and
- whether recruitment continued after the LMIA was submitted.
Rejection reasons should be specific, factual and related to the advertised position.
Weak explanations include:
- “not suitable”;
- “not a good fit”;
- “preferred foreign worker”;
- “insufficient experience” when the advertisement did not require that experience; or
- rejecting applicants for qualifications that were never included in the advertisement.
A strong recruitment file shows that the employer genuinely considered available Canadian and permanent-resident candidates. It should not appear that the outcome was predetermined.
Employers must retain recruitment records for at least six years.
Step 6: Prepare the supporting evidence
The employer prepares the LMIA application and supporting documents, which may include:
- proof of recruitment;
- recruitment results;
- business-legitimacy documents;
- payroll evidence;
- transition plan;
- employment agreement;
- provincial registration certificate;
- financial documentation;
- worker information, if applying with a named worker;
- Labour Market Benefits Plan for Global Talent Stream applications; and
- Quebec documents where applicable.
Step 7: Submit through LMIA Online
Most applications are submitted through the LMIA Online portal using the employer’s Job Bank account.
An LMIA can generally be submitted up to six months before the anticipated employment start date. The employer uploads supporting documents and pays the applicable processing fee.
Step 8: Respond to Service Canada
Service Canada may:
- review the documentary evidence;
- ask for additional documents;
- verify business operations;
- contact the employer or representative;
- question recruitment results;
- confirm wages and duties;
- examine previous transition-plan commitments; or
- conduct an employer interview.
The person speaking with the officer should understand the application and be able to explain the business need, recruitment, job duties, wage and hiring decision.
Contradictions between the application, advertisements, payroll records and interview answers can weaken an otherwise strong application.
Step 9: Receive the LMIA decision
If the assessment is positive, the employer receives a positive LMIA decision letter and supporting annexes.
The employer must then provide the required LMIA documents and signed employment agreement to the worker so the worker can apply for a work permit.
What Makes Recruitment Convincing?
A compliant advertisement does not automatically establish a labour shortage.
From an application-strategy perspective, recruitment is more persuasive when:
- the requirements are reasonable for the occupation;
- the wage is competitive;
- the employer uses industry-appropriate platforms;
- the employer responds to suitable applicants;
- interview records are retained;
- rejection reasons relate directly to the advertised requirements;
- Job Bank matches are properly reviewed;
- the employer does not add new requirements after receiving applications; and
- recruitment results support the claimed labour shortage.
An employer should not require unnecessary Canadian experience, excessive education, a foreign language or unusually narrow technical knowledge unless the requirement is genuinely necessary for the job.
A requirement that appears designed around the preferred foreign worker’s résumé can raise questions about whether Canadians were given a fair opportunity.
High-Wage LMIA Requirements
A position is generally processed under the high-wage stream when the offered wage is at or above the provincial or territorial threshold.
High-wage applications normally require a transition plan. The transition plan describes actions the employer will take to reduce long-term reliance on the Temporary Foreign Worker Program.
Possible commitments include:
- training current Canadian employees;
- hiring apprentices or recent graduates;
- increasing recruitment activities;
- developing succession plans;
- partnering with educational institutions;
- creating co-op opportunities;
- helping an eligible foreign worker transition to permanent residence; or
- improving employee retention.
A transition plan is a future compliance commitment, not decorative language. When the employer applies again for the same occupation and work location, Service Canada may examine whether the previous commitments were completed.
There are limited exemptions for certain caregivers, healthcare roles, agricultural positions, Quebec facilitated occupations, genuinely time-limited positions, unique-skill positions and permanent-residence-only applications.
High-wage employers may generally request an employment duration of up to three years, provided the duration is consistent with the reasonable needs of the business.
Low-Wage LMIA Requirements and Restrictions
Low-wage applications are subject to stricter restrictions because the program is intended to be a limited response to temporary labour shortages.
Maximum duration
A regular low-wage position may generally be approved for a maximum employment duration of one year.
Low-wage workforce cap
The regular cap is generally 10% of the workforce at a specific work location.
A 20% cap currently applies to qualifying positions in:
- construction;
- food manufacturing;
- hospitals;
- nursing and residential-care facilities; and
- specified in-home caregiver occupations.
Employers with fewer than 10 employees nationally are generally limited to one low-wage temporary foreign worker under a 10% cap or two workers where the 20% cap applies.
Some positions, including specified primary-agriculture, healthcare, permanent-residence-only, seasonal and genuinely short-term positions, may be exempt from the cap. Temporary rural measures may also apply in participating provinces and territories.
CMA unemployment restriction
Certain low-wage applications will not be processed when the work location is in a census metropolitan area with an unemployment rate of 6% or higher.
The unemployment table is updated every three months. Therefore, an application that was eligible during recruitment may become ineligible by the date of submission.
Exemptions currently include specified positions in primary agriculture, construction, food manufacturing, hospitals, nursing and residential care, certain caregiving roles, permanent-residence-only cases and qualifying short-duration or highly mobile positions.
Transportation, housing and health insurance
Depending on the stream and circumstances, low-wage employers may be responsible for:
- paying round-trip transportation costs;
- ensuring suitable and affordable housing is available; and
- providing private emergency health insurance during any waiting period before provincial or territorial coverage begins.
These costs cannot normally be transferred to the worker.
Global Talent Stream
The Global Talent Stream is designed to give eligible Canadian employers faster access to certain highly skilled workers.
It has two categories.
Category A
Category A is intended for innovative Canadian companies referred by a designated referral partner and seeking unique and specialized talent that can help the business scale and grow.
These applications are generally intended for a limited number of highly specialized positions.
Category B
Category B applies when the employer is hiring for an occupation appearing on the Global Talent Occupations List. A referral partner is not required for Category B.
Labour Market Benefits Plan
Instead of a regular transition plan, Global Talent Stream employers complete a Labour Market Benefits Plan.
Depending on the category, mandatory and complementary commitments may include:
- creating jobs for Canadians and permanent residents;
- increasing skills and training investments;
- transferring knowledge;
- offering co-op or internship opportunities;
- improving diversity;
- supporting Canadian innovation; or
- increasing business growth and revenue.
Service Canada can conduct progress reviews to determine whether these commitments are being fulfilled.
Processing advantage
The Global Talent Stream has a service standard of 10 business days for complete LMIA applications, met in approximately 80% of cases.
Eligible workers may also receive accelerated work-permit processing through the Global Skills Strategy, generally targeted at 10 business days in 80% of eligible and complete cases.
The Global Talent Stream still requires an LMIA and the standard $1,000 fee per position.
LMIA Applications in Quebec
Quebec has additional requirements.
For most LMIA-based positions in Quebec lasting more than 30 consecutive days:
- the employer must submit the application simultaneously to Service Canada and Quebec’s Ministère de l’Immigration, de la Francisation et de l’Intégration;
- the Quebec submission must follow MIFI’s format;
- applications generally must be submitted in French; and
- the worker will normally require a Quebec Acceptance Certificate before applying for the work permit.
Quebec facilitated LMIA process
Certain Quebec occupations qualify for a facilitated process.
The facilitated process may exempt the employer from providing proof of recruitment with the application. It does not make the position LMIA-exempt, and employers must still make reasonable efforts to recruit Canadians and permanent residents.
The eligible occupation list can change and should be checked before starting the application.
Montréal and Laval temporary restriction
Until December 31, 2026, certain low-wage LMIA applications for jobs in the economic regions of Montréal and Laval are not being processed.
There are exceptions for specified sectors and occupations, including certain agriculture, construction, food and beverage manufacturing, education, healthcare, social-assistance and caregiver positions.
Employers must check both the specific Montréal–Laval measure and the separate CMA unemployment restriction.
LMIA Processing Times in 2026
LMIA processing times are updated monthly and represent the average number of business days required after Service Canada has received a complete application and all required information.
Average processing times reported for June 2026 were:
| LMIA stream | Average business days |
|---|---|
| Global Talent Stream | 9 |
| Agricultural stream | 22 |
| Seasonal Agricultural Worker Program | 9 |
| High-wage stream | 79 |
| Low-wage stream | 71 |
| Permanent-residence stream | 99 |
These figures are not guarantees.
They do not include:
- the four- or eight-week recruitment period;
- time needed to prepare documents;
- delays caused by incomplete evidence;
- employer interviews;
- provincial registration;
- Quebec processing;
- the worker’s subsequent IRCC work-permit processing; or
- passport, biometric or medical-examination delays.
Employers should build their recruitment and immigration timeline around the full process, not only the published LMIA average.
Labour Market Impact Assessment (LMIA) processing times
LMIA Fees and Who Must Pay
The standard LMIA processing fee is CAD $1,000 for each position requested.
Limited exemptions include certain applications involving:
- home care for a person with documented medical needs;
- in-home childcare for a child under 13 where the family or individual has gross annual income of $150,000 or less; and
- specified on-farm primary-agriculture occupations.
Applications used only to support permanent residence may also receive different fee treatment depending on the application type. A dual-intent application that also supports a temporary work permit may still require the processing fee.
The employer must not charge the worker for:
- the LMIA fee;
- recruitment expenses;
- the employer’s immigration representative;
- the employer’s recruiter; or
- costs legally assigned to the employer.
Workers may pay their own personal work-permit, biometrics, medical-examination or professional-advice fees, but they should never pay an employer in exchange for a positive LMIA or job offer.
What Happens After a Positive LMIA?
A positive LMIA begins the worker’s immigration stage.
The employer should provide the worker with:
- the positive LMIA decision letter;
- the required LMIA annex;
- a detailed job-offer letter;
- an employment agreement signed by the employer; and
- a Quebec Acceptance Certificate where applicable.
The worker then applies to IRCC for an employer-specific work permit.
The worker should normally apply before the LMIA expiry date. Positive LMIAs are generally valid for a maximum of six months, although Service Canada can issue a shorter validity period in appropriate cases.
The LMIA expiry date is not the same as:
- the employment start date;
- the approved employment duration; or
- the work-permit expiry date.
The LMIA expiry date is the deadline for submitting the work-permit application. IRCC determines the final validity of the work permit.
Documents for the LMIA-Based Work-Permit Application
The exact requirements depend on the applicant’s nationality, country of residence, occupation and application location.
Common documents include:
- a valid passport;
- positive LMIA documents;
- signed employment agreement;
- job-offer letter;
- proof of education;
- employment-reference letters;
- professional licences or registrations;
- résumé;
- proof of language ability where relevant;
- biometrics;
- immigration medical examination where required;
- police certificates if requested;
- family documents; and
- evidence addressing the applicant’s temporary-resident eligibility.
The worker should provide enough evidence to show that they can genuinely perform the job described in the LMIA.
A positive LMIA for a skilled chef, engineer, mechanic or manager does not prove that the named worker has the necessary experience. IRCC conducts its own assessment of the worker.
Can the Worker Apply at the Canadian Border?
Applicants should generally apply for their work permit before travelling to Canada.
A port-of-entry application is available only to eligible applicants, including certain visa-exempt foreign nationals who meet all requirements.
A person who requires a temporary resident visa generally cannot arrive at the border and apply for an initial work permit. Seasonal Agricultural Worker Program and post-graduation work-permit applicants are also among those who cannot use the regular port-of-entry process.
Even an eligible port-of-entry applicant can be refused if documents are incomplete or the officer is not satisfied regarding eligibility or admissibility.
Medical Examinations and Regulated Occupations
An immigration medical examination may be required when the worker:
- will work in healthcare;
- will work with children;
- will work in primary or secondary education;
- will provide in-home care;
- will work in certain agricultural occupations; or
- has lived or travelled for the relevant period in a designated country or territory.
Applicants should complete required medical examinations early enough to avoid occupational restrictions on the work permit.
For regulated occupations, immigration approval does not replace provincial licensing. A positive LMIA and work permit do not automatically authorize someone to practise as a physician, nurse, engineer, electrician or another regulated professional.
The worker should understand the licensing process before accepting the job.
Why Can a Work Permit Be Refused After a Positive LMIA?
IRCC can refuse the work permit even though Service Canada approved the LMIA.
Common reasons include:
- insufficient proof that the worker has the required experience;
- inconsistent employment-reference letters;
- education that does not match the role;
- inability to obtain required professional licensing;
- concerns that the job offer is not genuine;
- differences between the LMIA and work-permit application;
- medical inadmissibility;
- criminal inadmissibility;
- security concerns;
- misrepresentation;
- insufficient documentation; or
- concerns regarding the applicant’s overall temporary-resident eligibility.
The employer and worker applications should therefore be prepared as two connected parts of one strategy.
For example, it is risky for an employer to require five years of specialized experience in the LMIA if the worker’s documentation clearly proves only two years.
Employer-Specific Work-Permit Conditions
An LMIA-based work permit is normally employer-specific.
It may restrict:
- the employer;
- occupation;
- work location; and
- validity period.
The worker must follow the conditions printed on the permit.
A worker cannot normally begin working for a new employer merely because they received another job offer. The new employer may need a new LMIA, and the worker generally needs a new work permit or formal authorization before changing employment.
Eligible workers already in Canada may be able to request authorization to begin a new job while IRCC processes a new employer-specific work-permit application. The worker should not assume that submitting the application automatically permits the job change.
Can an LMIA-Based Worker Bring Family Members?
A spouse, common-law partner or dependent child may be able to accompany the worker, but a family member does not automatically receive a work permit.
Since January 21, 2025, spousal open work permits for many foreign workers have been restricted.
For a high-skilled worker who is not using a specified permanent-residence pathway, a spouse or common-law partner may generally qualify when the principal worker:
- works or will work in a TEER 0 or TEER 1 occupation, or an eligible TEER 2 or TEER 3 occupation;
- lives or plans to live in Canada while working; and
- has at least 16 months remaining on the work authorization when the spouse applies, subject to limited exceptions.
Family-member rules differ for workers on eligible permanent-residence pathways, selected provincial projects and certain Quebec healthcare initiatives.
Family eligibility should be assessed before the principal applicant submits the work-permit application, particularly where the family expects two Canadian incomes.
Can an LMIA Lead to Permanent Residence?
An LMIA-based job can support a permanent-residence strategy, but it does not automatically lead to permanent residence.
Possible long-term benefits include:
- obtaining qualifying Canadian work experience;
- meeting the eligibility requirements of a federal immigration program;
- supporting eligibility under certain Provincial Nominee Program streams;
- establishing a valid job offer where a program still requires one;
- supporting a permanent-residence LMIA; or
- creating a stronger connection to a province or Canadian employer.
Express Entry job-offer points have been removed
As of March 25, 2025, IRCC no longer awards 50 or 200 additional Comprehensive Ranking System points simply for an eligible arranged-employment offer.
However, a valid job offer may still matter for:
- Federal Skilled Worker Program eligibility;
- Federal Skilled Trades Program eligibility; and
- certain Provincial Nominee Program streams.
Candidates should therefore avoid assuming that obtaining an LMIA will automatically increase their CRS score. The immigration value of the offer depends on the person’s specific program, NOC, language results, age, education, work experience and provincial options.
Dual-intent LMIAs
An employer may, in appropriate cases, seek an LMIA that supports both:
- a temporary work permit; and
- the worker’s permanent-residence application.
A dual-intent LMIA does not guarantee either application. The employer must meet the applicable LMIA requirements, and the worker must qualify independently under the selected permanent-residence program.
Most Common Reasons for LMIA Refusal
1. The business need is not credible
The position appears inconsistent with the employer’s size, revenue, industry or operations.
For example, a very small business requesting a highly paid executive may need to explain why the role is essential and financially sustainable.
2. The NOC code does not match the duties
The title may sound senior, but the actual duties fit a different occupation or TEER category.
3. The wage is incorrect
The employer may have used the provincial stream threshold instead of the occupation’s prevailing wage or failed to consider wages paid to comparable employees.
4. Recruitment was technically compliant but not genuine
The advertisements may have run for the minimum period, but the employer did not properly assess applicants, use suitable platforms or document lawful rejection reasons.
5. The job requirements are excessive
Unnecessary degrees, experience, licences or language requirements can make the recruitment appear designed to exclude Canadian applicants.
6. Financial capacity is not demonstrated
The employer cannot show sufficient revenue or resources to pay the wage and meet other obligations.
7. Information is inconsistent
The wage, duties, work location, hours or qualifications differ between the advertisement, application, contract and supporting documents.
8. Low-wage restrictions apply
The application may exceed the cap or concern a position in a CMA with an unemployment rate of 6% or higher.
9. Previous commitments were not fulfilled
An employer applying again under the high-wage or Global Talent Stream may be asked to account for previous transition-plan or Labour Market Benefits Plan commitments.
10. Misrepresentation or unreliable documents
Fabricated recruitment, false payroll information, altered business records or a purchased job offer can result in refusal and serious immigration or compliance consequences.
Refusal to Process Versus Negative LMIA
These are different outcomes.
A refusal to process means Service Canada will not complete a full assessment because the application falls under a restriction or the employer is ineligible.
Examples include:
- exceeding a low-wage cap;
- certain low-wage jobs in high-unemployment CMAs;
- applicable Montréal or Laval restrictions;
- an ineligible employer;
- certain live-in caregiver arrangements; or
- an employer with a recently revoked LMIA in circumstances covered by the rules.
A negative LMIA generally means the application was assessed but did not satisfy one or more labour-market or program factors.
The distinction matters when reviewing the reason for the result and deciding whether a new application is possible.
Employer Compliance After Approval
The employer’s obligations do not end when the LMIA is approved.
During the worker’s employment, the employer must generally:
- provide the approved occupation and duties;
- pay wages that are not less favourable than those in the job offer;
- provide the promised working conditions;
- comply with employment and recruitment laws;
- maintain an abuse-free workplace;
- retain required records;
- complete transition-plan or labour-market commitments; and
- cooperate with inspections.
Non-compliance can lead to:
- warnings;
- penalties of up to $100,000 per violation;
- total penalties of up to $1 million per year;
- suspension or revocation of LMIAs;
- public identification as a non-compliant employer; and
- temporary or permanent bans from hiring foreign workers.
Employers should treat the LMIA and employment agreement as ongoing compliance documents rather than paperwork that becomes irrelevant after the work permit is issued.
How to Build a Strong LMIA Application
A strong application should present one coherent story.
Before submission, the employer should be able to answer the following questions clearly:
- Why does the business need this employee?
- Why is the position needed at this time?
- How was the NOC selected?
- Why are the education and experience requirements reasonable?
- How was the wage calculated?
- Which Canadians and permanent residents applied?
- Why were qualified applicants not hired?
- Can the business pay the proposed wage?
- How does the position fit the organization?
- Why is the requested duration reasonable?
- What will the foreign worker do every day?
- What steps will the employer take to reduce future reliance on the program?
The supporting evidence should answer these questions before an officer needs to ask them.
Frequently Asked Questions
Can I obtain an LMIA without a Canadian employer?
No. The Canadian employer submits the LMIA application. A foreign worker cannot obtain a legitimate LMIA without a genuine employer and job offer.
Does a positive LMIA guarantee a work permit?
No. IRCC separately assesses the worker’s qualifications, documents, admissibility and eligibility.
How long is a positive LMIA valid?
A positive LMIA is generally valid for a maximum of six months. The worker must apply for the work permit before the expiry date printed on the LMIA.
Is the Global Talent Stream LMIA-exempt?
No. The Global Talent Stream is an expedited LMIA stream under the Temporary Foreign Worker Program.
How long does an LMIA take?
Processing varies by stream and changes monthly. In June 2026, averages ranged from nine business days for the Global Talent Stream and Seasonal Agricultural Worker Program to 99 business days for the permanent-residence stream.
Can an employer charge a worker for an LMIA?
No. Employers and recruiters cannot recover the LMIA processing fee or recruitment expenses from the worker.
Does an LMIA add 50 or 200 Express Entry points?
No. IRCC removed regular arranged-employment CRS points on March 25, 2025. A valid job offer can still matter for program eligibility or certain provincial pathways.
Can a worker change employers after receiving an LMIA-based work permit?
Not automatically. A new employer may need a new LMIA, and the worker usually needs a new work permit or formal authorization before starting the new job.
Can a spouse receive an open work permit?
Possibly, but not in every LMIA case. Eligibility depends on the principal worker’s occupation, TEER category, remaining work-permit validity and whether the worker is on an eligible permanent-residence pathway.
Can a small business obtain an LMIA?
Yes, but it must demonstrate genuine operations, a reasonable need for the job and the financial capacity to fulfil the employment offer.
Final Professional Perspective
An LMIA is not primarily a foreign-worker application. It is an employer’s request for permission to use the Temporary Foreign Worker Program because the employer could not reasonably fill a genuine position through the Canadian labour market.
That is the central question behind the entire assessment.
A convincing application does not rely on generic statements about labour shortages. It connects the employer’s operations, organizational needs, recruitment results, wage, job duties and financial records into a consistent and verifiable case.
The foreign worker’s work-permit application must then complete that story by proving that the applicant genuinely has the education, experience and ability required for the approved position.
Employers and workers should therefore plan both stages together. Securing a positive LMIA without examining the worker’s work-permit eligibility—or preparing a strong worker profile without first confirming that the employer can support a credible LMIA—can lead to significant expense, delay and disappointment.
Important notice: This article provides general information as of July 30, 2026. Canadian immigration and Temporary Foreign Worker Program rules change frequently. It is not a substitute for legal advice based on the facts of an individual employer or worker.





