UNDERSTANDING TYPES OF LMIA STREAMS FOR EMPLOYERS IN CANADA
LMIA Stream Selection: A Primer for Employers
When hiring foreign workers, various factors such as job vacancy, location, salary, and other terms of employment significantly influence the selection of the suitable Labour Market Impact Assessment (LMIA) stream.
In Canada, employers can choose to apply for an LMIA under one of six primary streams based on their specific criteria. Some of these streams further divide into sub-streams.
The choice of type of LMIA substantially affects the application requirements, encompassing additional criteria and potential exemptions. Despite these specificities, the basic LMIA eligibility requirements and the overarching procedure for an LMIA application remain consistent across all LMIA types
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Exploring Different Types of LMIA
LMIA process involves various streams, each tailored to different requirements:
- High Wage LMIA: This stream caters to employers seeking highly-skilled or semi-skilled temporary foreign workers. It's relevant when the proposed wage meets or surpasses the median wage at the provincial level.
- Low Wage LMIA: Designed to fill low-skilled job positions, this stream comes into play when the hourly wage for temporary foreign workers falls below the provincial median wage.
- Seasonal Agricultural Worker Program or Agricultural Stream: This allows farms to hire foreign agricultural workers for specific roles associated with primary agriculture. The Seasonal Agricultural Worker Program is limited to workers from Mexico and certain Caribbean countries, while the regular Agricultural Stream is open to any foreign national.
- Permanent Residence LMIA (for Express Entry): This stream is aimed at employers intending to support high-wage temporary foreign workers in becoming permanent residents of Canada. By using this stream, points can be added to the worker's Express Entry profile. Employers who wish to retain foreign workers and back their permanent residency simultaneously can apply for a dual intent LMIA.
- Global Talent Stream LMIA: This stream enables Canadian companies to hire highly-skilled foreign professionals for in-demand technology and engineering roles approved by the government. It's particularly beneficial for innovative firms seeking to fill unique and specialized positions that contribute to their growth and scaling efforts, provided they are referred by the designated referral partners.
- In-Home Caregiver LMIA: This stream serves private households requiring in-home caregivers for children, seniors, or individuals with medical needs.
Comparative Breakdown of LMIA Stream Criteria
| LMIA Stream | Wage Criteria | Occupation Criteria | Business Criteria | Foreign Worker Criteria |
| High Wage | Above both occupational and provincial median | Mostly Semi-/Highly-skilled (but not limited to these) | Operational business in good financial standing | Any foreign national meeting job requirements |
| Low Wage | Above occupational but below provincial median | Low-skilled occupations | Operational business in good financial standing | Any foreign national meeting job requirements |
| Agricultural or Seasonal Agricultural Worker | Wage rates as per wage tables or federal/provincial/territorial minimum wage rates, whichever is higher | Specific agricultural roles such as managers, contractors, supervisors, specialized livestock workers, machinery operators, and nursery/greenhouse labourers | Operational business in good financial standing; Must be farm, nursery or greenhouse; Production must be on the National Commodities List | Any foreign national; For Seasonal Agricultural Worker stream, only citizens of Mexico and certain Caribbean countries |
| Permanent Residence (Express Entry) | High wage | Positions in NOC's TEER 0/1/2/3, including management, professional, scientific, technical, or trade occupations | Operational business for at least 1 year, in good financial standing, offering a permanent job | Any foreign national meeting job requirements |
| Global Talent | Equal to or above the median wage for the occupation and work location | Specific tech and engineering roles on the Global Talent Occupations List, or unique and specialized roles | Operational business in good financial standing; For unique and specialized roles, business must be an innovative firm with a referral from a designated organization | Any foreign national meeting job requirements |
| In-Home Caregiver | Equal to or above the median wage for the occupation and work location | Specific caregiving jobs, e.g., child care provider, live-in caregiver, nanny, registered nurse, registered psychiatric nurse, licensed practical nurse, attendant for persons with disabilities, home support worker, live-in caregiver, personal care attendant | Families or private households in good financial standing, requiring caregivers for children or persons with high medical needs | Any foreign national meeting job requirements |
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