LMIA FEES

Employers looking to hire a temporary foreign worker can typically include the cost of obtaining an LMIA as a business expense. LMIA-related fees may include:

1. LMIA Processing Fee (CAD 1,000 per position)
2. Costs to advertise the position
3. Administrative expenses for time and resources spent preparing and submitting the application
4. Legal fees if hiring an immigration lawyer to assist with the LMIA process

Not every case will encompass all the above fees. Below, we explain scenarios in which employers may be exempt from paying LMIA Processing Fees and detail other expenses involved in the LMIA process.

The LMIA Processing Fee is set at CAD 1,000 for each position requested. For example, if an employer applies for an LMIA for two positions, the total fee would amount to CAD 2,000.

This fee is levied by the Department of Employment and Social Development Canada (ESDC) and Service Canada.

Payment for the LMIA Processing Fee is made online and is only required after ESDC/Service Canada issues a payment request. This typically occurs within a few business days following the submission of a complete LMIA application, which includes all the required documents and forms.

The LMIA Processing Fee is non-refundable in the event of a negative assessment.

Employers who hire agricultural workers or families who wish to employ foreign caregivers may qualify for an exemption from the LMIA Processing Fee under the following conditions:

• Hiring agricultural workers through the Agricultural LMIA Stream;
• Hiring a foreign caregiver for individuals with high medical needs who cannot care for themselves, under the In-home Caregiver LMIA Stream;
• Hiring a foreign nanny to provide childcare for a child under 13 years of age, provided the family's gross income is equal to or less than CAD 150,000.

Employers typically need to attempt to recruit Canadians and permanent residents before applying for an LMIA. This usually involves posting the job on three to five job boards. The cost for a one-month job advertisement can vary, ranging from CAD 100 to CAD 500. Some job boards even offer free postings.

Consequently, the total cost for advertising a job across multiple job boards to meet LMIA requirements generally starts at CAD 300 or higher. Fees for job boards can differ based on factors such as the board's popularity, the duration of the advertisement, and any additional features offered.

While employers have the freedom to choose which job boards to use for their advertisements, cost should not be the sole factor guiding their decision. They must also consider the specific LMIA requirements for advertising to ensure that the platforms they choose meet these criteria.

For more information, learn about the recruitment of Canadians and permanent residents as part of the LMIA process, including scenarios where an employer may be exempt from this requirement. If exempt, the employer would not need to incur the cost of advertising.

Employers who have in-house legal and human resources departments may choose to rely solely on their internal staff for preparing and filing an LMIA application. In such cases, they should account for the time spent by these employees.

While the outcome of an LMIA is largely dependent on the quality of the documents provided by the company, the process involves numerous technicalities. Failure to adhere to these can result in a negative assessment. Therefore, outsourcing to experts or engaging a law firm that specializes in LMIAs is highly recommended. In addition to ensuring that the application fulfills all LMIA requirements, it is equally important—if not more so—to maintain compliance, especially in the event of future inspections or when returning to the LMIA program to hire more temporary foreign workers.

Lerom Law Firm specializes in LMIA representation. Our engagement can range from advising on specific aspects of the LMIA process to providing full representation, which includes preparing and filing LMIA applications, assisting with temporary foreign workers' applications, and preparing for and responding to compliance inspections. Learn more about the services provided by Lerom Law's LMIA lawyers.

Regardless of your stage in the LMIA process, we can assist you in numerous ways:

• Call to speak directly with the lawyer to discuss your business needs.
• Email us with any request you have regarding LMIA.
• Fill out an assessment form for employers, and we will get back to you whether you meet the minimum eligibility requirements to file an LMIA application.
• If you are in the process of obtaining LMIA or have any complexity that you’d like to get advice on, you can book a paid consultation - a 60-minute strategy session with our senior immigration lawyer who specializes in LMIA applications. Mrs. Lena Levtsun will review your case and advise on the best solution.