High-Wage LMIA

The High-Wage LMIA applies to positions offering an hourly wage at or above the median hourly wage in the respective province or territory. It is applicable for any NOC TEER Code. Unlike low-wage LMIAs, there is no limit on the number of foreign workers an employer can hire under this category. However, employers must submit a transition plan demonstrating their commitment to hiring Canadians or permanent residents in the future.

Low-Wage LMIA

The Low-Wage LMIA is for roles that offer an hourly wage below the provincial or territorial median wage. It is also applicable for any NOC TEER Code. However, there is a limit on the number of foreign workers an employer can hire under this category.

Benefits of High-Wage and Low-Wage LMIAs

• Employers can apply for either LMIA type to address immediate labor shortages.
• Even newly established businesses (less than one year of operation) are eligible, provided they can demonstrate active operations, services, or goods and sufficient financial capacity to meet the costs of hiring and paying foreign workers.
• Employers can hire qualified workers from anywhere in the world or within Canada.
• An unnamed LMIA application is possible, allowing employers to add worker names after the LMIA is approved.

How to Apply for High-Wage or Low-Wage LMIA

1. Initial Assessment: Contact us to verify whether your specific position and hiring needs meet LMIA eligibility criteria.
2. Documentation: We will provide a detailed checklist of required documents and information to begin the process.
3. Recruitment Efforts: Conduct recruitment activities as per ESDC requirements, including posting job advertisements for a minimum of 4 weeks prior to submission. Job postings must include:
   • Company name and address
   • Job title
   • Detailed job duties (for multiple vacancies, specify duties for each role)
   • Employment terms (e.g., permanent, temporary)
   • Language requirements
   • Wage details (must meet prevailing standards; wage ranges are acceptable if the minimum meets the threshold)
   • Employee benefits (if applicable)
   • Work location(s) (e.g., city, town)
   • Number of positions available
   • Contact details (email, fax, or mailing address)
   • Skill requirements, including education and experience
4. Screening Local Candidates: Review and interview Canadian or permanent resident candidates.
5. Submit LMIA Application: Prepare and submit the application to ESDC Service Canada, ensuring all fees are promptly paid within 2 business days of request.
6. Processing Time: LMIA processing can take 30 to 90 business days. Service Canada may request additional information or conduct an interview with the employer during this period.
7. Post-Approval: Once the LMIA is approved, employers can add or remove the names of foreign workers as needed.

Common Reasons for LMIA Refusal

Service Canada has strict requirements for LMIA applications. Below are the most common reasons for refusals:

• Failure to meet or document minimum recruitment requirements.
• Not using the Job Match service effectively (e.g., failing to invite applicants by their Job Bank rating).
• Utilizing incorrect recruitment methods.
• Failing to continue at least one recruitment effort until the LMIA decision (positive or negative) is issued.
• Listing a wage below the median wage rate for the specified NOC.
• Overstating job requirements in the LMIA compared to the Employment Requirements listed on the NOC website.
• Providing false, misleading, or inaccurate information in the LMIA application.
• Being found non-compliant during an employer compliance review.
• Being suspended or banned from the Temporary Foreign Worker Program due to non-compliance discovered during inspections.
• Failing to pay administrative monetary penalties.
• Conducting business in industries related to the sex trade (e.g., striptease, escort services, erotic massage).

Need Help with a Refused Application?

Have you received an LMIA refusal for any of the reasons listed above? Don’t worry—we can help. With over a decade of experience, we specialize in handling previously refused cases. While we don’t provide jobs for LMIA applicants, we can assist you if you already have a job offer. Our tailored approach addresses each concern outlined in the refusal, leveraging case law and similar precedents to build a strong application. This personalized process has led to a high success rate, even for clients with multiple refusals.

At Waymark Immigration, our expert team of visa specialists will guide you through every step of the process, from LMIA application to securing your visa. Start your application today!