Canadian LMIA Processing Times Increasing

Subject to various exemptions (e.g. intra-company transfers, certain professionals, etc.), employers seeking to hire foreign workers in Canada must seek a ‘Labour Market Impact Assessment’ (LMIA) through a process which requires them to substantiate that a Canadian is not available to fill a position. Only after the issuance of a positive LMIA may a foreign worker seek a work permit for that position.

Under the ‘Temporary Foreign Worker Program’, LMIA requirements are dictated by Employment and Social Development Canada (ESDC), and the program is administered by another department called Service Canada. Note that there are various subcategories of LMIAs including those based on the Global Talent Stream (GTS – primarily for high-tech workers), the Permanent Residence Stream, and the Low-wage and High-wage Streams. Processing times can and do vary for each of the available streams.

ESDC has just announced that anticipated processing times for certain categories of LMIAs will be increasing due to growing demand. While GTS LMIAs are still to be processed in their targeted 10 business day processing cycles, High-wage stream LMIAs processing times are now being estimated at 106 business days. Processing times will vary depending on the location of the application and other variables, but these are basic averages. Other estimates are 102 business days for Low-wage Stream LMIAs and 39 days for the Permanent Residence Stream.

Canadian employers and prospective foreign workers must be cognizant of such processing times, and govern themselves accordingly.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.