Agricultural Stream LMIA

 

The Agricultural Stream LMIA enables employers to hire foreign workers to fill essential roles on farms, nurseries, or greenhouses. These jobs may involve operating agricultural machinery, caring for and breeding animals, as well as planting and harvesting crops, trees, sod, and more.

To qualify for this program, employers must meet the following two criteria:

1. Production must fall within one of the specified commodity sectors listed below.
2. The activity must be directly related to on-farm primary agriculture.

NOC Codes

NOC CODE       OCCUPATION TITLE

80020       Managers in agriculture

80021       Managers in horticulture

82030       Agricultural service contractors and farm supervisors

82031       Contractors and supervisors, landscaping, grounds maintenance, and horticulture services

84120       Specialized livestock workers and farm machinery operators

85100       Livestock labourers

85101       Harvesting labourers

85103       Nursery and greenhouse laborers

National Commodity List

• Apiary products
• Fruits and vegetables (including canning/processing if grown on the farm)
• Mushrooms
• Flowers
• Nursery-grown trees, including Christmas trees
• Greenhouse/nursery products
• Pedigreed canola seed
• Seed corn
• Grains
• Oil seeds
• Maple syrup
• Sod
• Tobacco
• Bovine
• Dairy
• Duck
• Horse
• Mink
• Poultry
• Sheep
• Swine

Employers are required to provide proof that on-farm or off-site housing has been inspected by the appropriate provincial, territorial, or municipal body, or by a certified private inspector. Foreign workers, however, are not obligated to use the employer-provided accommodations and may opt to reside with their families in housing of their choice.

Important Note

Agricultural Stream LMIA applications are typically approved for a maximum employment duration of two years. However, if the employer qualifies under the High-Wage LMIA program for the same position, the employment duration can extend to three years.

How to Apply for an Agricultural Stream LMIA

1. We begin with an initial assessment to verify the employer’s eligibility to apply for an LMIA for a specific position and determine the number of positions allowed. We will also explore whether the High-Wage LMIA program might be a better fit.
2. We provide a checklist of required documents and information needed to initiate the process.
3. If necessary, we conduct recruitment efforts as per Employment and Social Development Canada (ESDC) program requirements, including a 14-day job advertisement posting.
4. Arrange for a housing inspection by the appropriate authority or a certified private inspector. The inspector will complete Schedule F – Housing Inspection Report for the Seasonal Agricultural Worker Program and Agricultural Stream.
5. Interview local applicants for the position.
6. Prepare and submit the LMIA application to Service Canada’s ESDC department.
7. Wait for processing, which typically ranges from 15 to 60 business days. Service Canada officers may contact the employer for an interview or to request additional information.
8. Once approved, the employer can add or remove the names of foreign workers as needed.

Common Reasons for Refusal

Service Canada has strict requirements for employers applying through this program. Below are some common reasons for LMIA refusals:

1. Failure to meet or document the minimum recruitment requirements.
2. Using incorrect recruitment methods.
3. Failure to provide a housing inspection report.
4. Job requirements in the application or postings are excessively high compared to NOC guidelines.
5. Submitting false, misleading, or inaccurate information in the LMIA application.
6. Non-compliance discovered during an employer compliance review.
7. Being banned from the Temporary Foreign Worker Program due to non-compliance uncovered during an inspection.
8. Defaulting on payment of administrative monetary penalties.

Received a Refusal? We Can Help

If your application has been refused for any of the reasons listed above, don’t lose hope. With over a decade of experience, we specialize in handling previously refused cases. While we do not provide job placements for LMIA, we can assist if you have a valid job offer.

We’ve successfully secured approvals for clients with multiple prior refusals by taking a customized approach to address the specific issues outlined by officers. Using case law and precedent, we craft strong applications tailored to your unique circumstances, which is why we have an outstanding success rate.

At Waymark Immigration, our dedicated team of visa specialists will assist you every step of the way, from your initial application to obtaining your work visa. Get started today!

Why Choose Waymark Immigration?

• Experienced Team: Over a decade of expertise in immigration applications with a proven track record of success.
• Tailored Solutions: Personalized strategies to match your unique case and requirements.
• High Success Rate: Leveraging case law and precedents to achieve positive outcomes.
• Comprehensive Support: Assistance throughout the entire process, from application to obtaining permanent residency.