Certain steps will allow identifying the employer’s eligibility to request LMIA. If there was a previous application, check the list of ineligible companies that failed compliance.
Then, read about general employer requirements for LMIA that are common for all streams. Always, relate to restrictions and stream related conditions.
If an employer is ineligible to apply for LMIA, it will appear in this list. Employing a foreign worker is a serious responsibility for the company. Therefore, ESDC inspects LMIA approved employers randomly. Those who did not comply with the terms of the approved job offer are likely to appear in the above list.
Ineligibility is not always a permanent one. So, it is worth checking the employer’s period of ban from hiring temporary workers. In fact, it may be from 1 year to permanent.
However, if the company has never applied for a labour market impact assessment, it will never be on the list of ineligible employers.
Employers with LMIA in Canada (Approved)
Every year the Department of Employment and Social Development publishes Positive LMIA Employers List here. It excludes all personal names and LMIAs in support of permanent residence. However, it tracks positions and locations on all positive LMIAs.
Which Employer Can Apply for LMIA?
In all other circumstances, employer eligibility for LMIA will be determined by a stream. Only if an employer applies for LMIA to support permanent residence, there is a requirement to be in business for at least 1 year before application. For all other types, employer requirements for LMIA are the following:
Has a legitimate business.
Provides goods or services to the public.
Is able to pay a salary to a foreign worker.
Has a genuine need for a foreign worker.
Has not laid-off employees in the 12-months period preceding application.
Service Canada verifies whether these LMIA requirements for employers have been met through supporting documents. Download our Employer Checklist of Documents.
A common myth is that an employer must have a particular profit or turnover to apply for assessment. It may only be the case when arranged employment is a part of the provincial nomination process. What is important though – the employer’s ability to pay salary to a foreign worker.
Also, LMIA restrictions exist for some jobs and locations in Canada. This means that employers in some industry sectors and provinces can not apply.
For foreign workers looking for a job in Canada, there is no such list as LMIA Employers in Canada specifically accepting applications from temporary workers. However, temporary workers can apply for jobs on Job Bank. As a job advertisement on Job Bank is a must for LMIA employers wishing to hire a foreign worker, it may work sometimes.