How long is LMIA valid for?

An LMIA is valid for 6 months or 36 months if applying under the Recognised Employer Program. The selected foreign worker has to apply within this validity period.

How much is the LMIA application fee?

The employer is required to pay $1000.00 for each position mentioned in the LMIA application.

How old should a company be to apply for LMIA?

Service Canada has not set any specific requirement for low-wage/high-wage applications regarding how long the company must be registered and operational to be eligible to apply for LMIA. Once the business operations have started and a labor shortage exists, the employer can apply for LMIA.

Is there a difference between low-wage and high-wage LMIA?

Yes, there is a difference. Low-wage positions are those that fall below the provincial or territorial median hourly wage, while high-wage positions are those that are at or above the median hourly wage.

How many employees must they have before they can apply for an LMIA?

There is no minimum requirement for a specific number of employees on payroll before an employer can apply for LMIA. It depends on business to business. However, this number of employees will be used for cap calculations for low-wage position LMIA.

Can an employer recruit an unlimited number of foreign workers with an LMIA, or are there any restrictions on the number?

High-wage LMIA applications do not have a cap or limit. However, there is a limit on the number of foreign workers an employer can hire for low-wage LMIA applications. This limit is based on the industry, NOC code, and the number of Canadians and foreigners already on the payroll.

Are there compliance and regulations that apply to the employer after hiring a foreign worker through an LMIA?

Yes, the employer will be required to meet the following conditions: The terms and conditions outlined in the employment contract must be adhered to. It is important to retain all LMIA documentation for 6 years, as there may be a random audit conducted within this timeframe, even if the foreign worker does not show up for work. If the foreign worker is present on-site, they may be interviewed and various documents such as payroll records will be reviewed to ensure compliance to wages, working hours, overtime, and working conditions. It is required that the foreign worker receives higher wages or has improved working conditions compared to the initial offer, but not less. Employers are obligated to report to Service Canada if the foreign worker fails to show up for work, whether from the beginning or at any point during the employment period.

Low-wage/High-wage LMIA

Low-wage/High-wage LMIAs are used by the employer to fill the immediate labor shortage in their business. Whether to apply for low-wage or high-wage LMIA, you must understand the following three key aspects related to wages in Canada.

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Benefits of Low-wage/High-wage LMIA:

The employer can apply for low-wage/high-wage LMIA to immediately meet the labor shortage.
Even the employers whose incorporation is fairly new (less than one year in operation), can apply for one of these types of LMIA, provided they can justify that the business is actively providing goods or services and they can meet the financial obligation related to hiring and paying the foreign worker.
The employer can hire anyone qualified for the job from anywhere in the world or within Canada.
The employer can apply for an unnamed LMIA and then add the name of the finalized workers to the LMIA later on after the LMIA is approved.

Common Reasons for Refusal of High-Wage and Low-Wage Positions:

Failure to perform or document minimum recruitment requirements.
Failure to use the Job Match service, i.e., invite applicant profiles in the job bank according to their rating.
Not able to provide housing inspection report.
Using the wrong methods of recruitment
Failure to keep at least 1 of the 3 recruitment activities to seek qualified Canadians and permanent residents ongoing until the date a positive or negative LMIA has been issued.
Listing wage rate less than median wage rate mentioned on Job Bank for that specific NOC.
The job requirements mentioned in the job postings and LMIA application are way too high than the Employment Requirements mentioned on the NOC website.
Provided false, misleading, or inaccurate information in the LMIA application.
Have been found non-compliant as a result of an employer compliance review.
Have been banned from the Temporary Foreign Worker Program because non-compliance was discovered during an inspection.
Are in default of payment of an administrative monetary penalty.
Regularly offer services in the sex industry (striptease, erotic dance, escort services, or erotic massage)

Why Choose Us?

Experienced Team: Over a decade of experience in handling Immigration applications with a high success rate.
Tailored Approach: Personalized services and strategies based on your specific case.
High Success Rate: Proven track record using case law and precedents for positive results.
Comprehensive Support: Assistance from the start of the application process to obtaining your PR.

Still Not Sure?

If you have received a refusal for any of the reasons mentioned above, do not worry. With over a decade of experience, we specialize in previously refused cases. While we don't provide jobs for LMIA, we can certainly assist you if you have a job offer. We have obtained approvals for clients who had multiple previous refusals. We achieve this with a tailored approach to your specific case, addressing each concern that the officer has listed in previous refusals. We use case law and find similar cases to your circumstances that had positive results, and we use them as precedents in cases we work on. This is why we have a high success rate. At Brightlight Immigration, we have a dedicated team of visa application specialists who can assist you from the start of the application process to obtaining your visa. Start your process now.

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PERSONALISED ASSESSMENT

Firstly, we will identify and understand your Canadian immigration needs and goals.
Then, we will assess your eligibility for various immigration programs accordingly.
We will recommend the best pathway for your immigration goals after assessment.
Any questions you have about the chosen pathway will be addressed along with any other concerns.

TAILORED APPROACH

We'll create a custom Canadian immigration plan suited just for you according to the pathway selected.
Based on this plan, you'll receive a clear proposal from us outlining our services and payment structure, i.e., 50% before processing your file and 50% before submission.
Once the initial 50% payment is made, we'll share a comprehensive checklist to ensure everything is ready

APPLICATION FULFILLMENT

A case manager will be assigned to guide you and collect documents as per the checklist.
We'll prepare a strong application within 7-10 business days.
Once your application is ready, we'll send it to you for review and final approval.
After your approval, simply pay the remaining 50% payment, and your application will be submitted.

TRUSTED PARTNERSHIP

Once your application is submitted successfully, we'll keep you informed at every stage of the process, from submission to decision.
Our ongoing support and guidance will help you achieve your immigration goals.
You can reach out to us to inquire about updates on your application.
If satisfied with our service, we hope you'll feel inclined to refer others to us.