Labour Market Impact Assessment (LMIA)

canada-jobsOn June 20 2014, the Ministry of Employment Social Development and the Ministry of Citizenship and Immigration Canada made a number of significant changes to the Temporary Foreign Worker Program (TFWP), as their joint programs to minister between them. It is important to note that the framework of TFWP has shifted so that all foreign workers under TFWP require a Labour Market Impact Assessment (LMIA) – formerly known as Labour Market Opinion (LMO).

Before June 20 2014, TFWP was classified under National Occupational Classification (NOC). However, after June 20 2014, TFWP will be administered based on wages: High wages v. Low wages. In Ontario, any foreign worker paid under $21.00 per hour is considered a “low wage worker” and any foreign worker paid $21.00 per hour or more will be considered as “high wage worker.”

The first and most important change is the fee – it has gone from $275.00 to $1,000.00 per LMIA, except On-Farm Primary Agricultural TFW.

With this change in mind, there are five categories of worker under the new TFWP:

  1. High-wage workers: these are foreign workers who earn more than the federal/provincial medium wage, who hold high-level education and qualifications. These workers are most likely under NOC 0, A or B.
  2. Low-wage workers: these are foreign workers who earn less than the federal/provincial medium wage, including general labourers, food counter attendants and sales and service personnel.
  3. Primary Agricultural Stream: these are foreign workers who work primarily in the agricultural industry, including those under the seasonal agricultural workers program in the past. This class is exempt from a LMIA fee, cap level, 1 year LMIA duration and reduction in work permit period.
  4. Highest-demand, highest-paid or shortest-duration: LMIA for in-demand occupations (skilled trades), highly paid occupations (top 10%) or short-duration (120 days or less) will be provided within a 10 business day service standard.
  5. Live-in-caregiver program: there was no change for this program under the new TFWP, but this program is exempt from cap level, 1 year LMIA duration and reduction in work permit period.

Another big change is an introduction of a cap on how many foreign workers an employer may have over time. Employers with 10 or more employees applying for a new LMIA are subject to a cap of 10% on the proportion of their workforce that can consist of low-wage temporary foreign workers. This cap will be applied per worksite and is based on the total hours worked at that specific worksite. If any Canadian employers with more than the cap number of allowable foreign workers, they are to reduce their rate by July of 2016 –by 20% July 2015 and 10% July 2016.

In addition, certain LMIA in the accommodation, food services and retail trade sectors will not be processed at all. Applications for workers without any education or training will not be processed in economic regions with an unemployment rate at or above 6%.

If LMIA meets the following three criteria it will not be processed:

  1. Applying for an LMIA in a Statistics Canada economic region with an annual unemployment rate over 6%;
  2. Seeking an LMIA in a specific occupation identified under North America Industry Classification System as Accommodation & Food Services or Retail Sales (NAIC72, 44, 45); AND
  3. Seeking an LMIA in an occupation in one of the selected NOC skill level “D” occupations: 6641, 6661, 6611, 6622, 7611, 8612, 6672, 6663, 6662 or 6651).

In terms of duration, all low-wages LMIA shall only be issued for the duration of one year, instead of two years, which forces them to re-apply LMIA on an annual basis to be sensitive to labour market demand.

For high-wage occupations, employers who want to hire TFW must submit (with limited exceptions) transition plans with their LMIA to ensure that they are taking steps to reduce their reliance on TFW over time. Again, the transition plan is to encourage Canadian employers to hire Canadian workers first, over TFW. If the same TFW is to obtain a LMIA subsequently, then Canadian employers must report how their initial transition plans worked out, or didn’t work out to prove that the TFW is still required.

Finally, beginning fall 2014, the Government will impose fines up to $100,000.00 (depending on the severity of the offence) on employers who break the TFWP rules, not to mention that such charged/convicted employers will be published on online as a warning or deterrence.

More specific changes are pending for implementation in fall, 2014, March, 2015, spring 2015, summer 2015 and fall 2015. Therefore, any employers and TFW should be extremely cautious in proceeding with LMIA and must be aware of any changes or pending implementation prior to filing their LMIA.

If you have any individual questions or concerns, please contact our office for more customized consultation for your unique situation.  Please note that this posting is for general information only and is not to be considered binding or official legal counsel since situations will vary and can be complicated. The content in this post is current as of the day of entry. Due to the changing nature of Immigration law, the information in this entry may or may not still be applicable.

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JR Immigration Law - Facebook Reviews

Jennifer Roggemann Law Office
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Michelle Serrano
Michelle Serrano
2016-06-07T19:27:11+0000
Very good Lawyer.... I had a very complicated issue in Immigration she made it fast and easy.. highly recommend.Thanks Jennifer and to your team. Good job!!!!!
Libby Avalos
Libby Avalos
2014-02-24T18:30:47+0000
I would definitely recommend JR Law to anyone seeking immigration assistance. We first met Jennifer in November 2011, and she and her team proceeded over the last 2 years to help my husband achieve permanent residency status thru in-land spousal sponsorship. I know that many people attempt to do this process on their own, but after being thru it, I would never recommend that. Laws are always changing, and it was such piece of mind to know that we were getting the most current information, and that everything was being done correctly. We definitely hit some bumps in the road... immigration lost part of our file, which needed to be redone, and then they were on strike, slowing everything down. JR Law supported us during the entire extra, unexpected time. Again, these things happen and we were happy to have legal support throughout. The team at JR law was always friendly, organized, supportive, and very fair and honest. We will definitely be seeing them again moving forward with any immigration issues in the future!
Claudio Leanza
Claudio Leanza
2014-02-20T15:19:38+0000
Waste of money!!!!lot of money!!
Collen Mae Lowe Padua
Collen Mae Lowe Padua
2017-04-08T15:15:58+0000
Kiet Tuan Duong
Kiet Tuan Duong
2016-06-16T15:58:56+0000
Anthony Lauron
Anthony Lauron
2015-11-08T00:49:47+0000
Thomas Williams
Thomas Williams
2013-12-24T00:42:22+0000
Tim Underwood
Tim Underwood
2013-11-09T01:16:26+0000
Gordie Hanna
Gordie Hanna
2013-08-04T23:27:46+0000

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JR Law - Google Reviews

Alison Moffatt
Alison Moffatt
20:42 04 Jul 18
We're so thankful we found Jennifer & her law office! As a small company, we were able to navigate the immigration system with their help and guidance - and got the outcome we wanted! Thank you so so much for everything, we have really appreciated working with your team.
Arielle N
Arielle N
03:25 20 Dec 17
We went to Jennifer with just under two months before my work permit expired and I wanted to apply for PR. Long story short, Jennifer and her staff was incredible, thorough, well experienced and fast! We all worked very hard to get my application in and today I'm already a permanent resident of this great country. Pricey though but what lawyer isn't..she does pre-warn about that but honestly with how fast they worked and their knowledge around the entire process, it was all worth it. Thank you Jennifer Roggemann and your wonderful staff. I truly believe they are the best in town.
L. Spalla
L. Spalla
17:13 25 Feb 18
They charged 300 just for one hour and a half consultation, so I asked roughly how much it would be to apply for sponsorship, they couldn’t tell me I was only calling them because I’m actually from Toronto and my fiancé wants to get a lawyer close to kw Long story short, her secretary were pushing me for a consultation without trying at least understand my situation and get me a price Basically what I’ve seen is, u go for consultation, spend 300$ they charge u whatever after, if u r not ok with the price, they still made 300$ on you
Louise Cowden
Louise Cowden
13:55 05 Jun 17
In August 2015 we walked into Jennifer's office looking for advice on how to get John PR status, and walked out after our appointment wishing we had come to see them sooner. Jennifer gave us all of the options available and set some realistic expectations. It's been nearly 2 years since we walked into her office, and just last week John became a permanent resident. We couldn't have done it without everyone in the office, they made things so much easier. The value, to us, of having Jennifer and her team is that we were not worried about our application. We knew that we were in great hands, and we would get the outcome that we were hoping for. Especially thankful for Heather and Erica, you both played a huge part in making sure that I kept calm; the professional and knowledgeable manner that you both have kept my mind at ease throughout the last year and a half. Without them, we wouldn't be able to move on with our lives in Canada. We can't thank you enough for everything that you have done for us. Louise and John
Georgia
Georgia
21:46 22 Nov 17
Very honest, straightforward person. She gave me all of the information I needed in order to make an informed decision.
Hannah Schell
Hannah Schell
16:01 24 Jul 18
A Canadian-American couple, we have been married for a long time and had been living in the United States. We are both college professors, and have struggled for years with balancing our two careers. When Martin got a job offer “back home” in Canada, we decided it was time to start a new chapter and made arrangements to begin immigrating. We had previously gone through the long, messy process of immigration to the U.S. for Martin’s green card and ended up having to hire a lawyer after trying to do it on our own. This time we wanted things done smoothly and so we started looking online for help. We googled immigration lawyers in the area and saw that Jennifer’s office was all women. Intrigued, we read everything on her website and made arrangements for a consultation when we were visiting. The date of that first consultation actually coincided with our 20th wedding anniversary - what’s more romantic than a visit to a lawyer’s office! The price tag was sobering but since we wanted this done right, we decided to go ahead. We sensed they knew what they were doing, were organized and efficient, and we liked that they didn’t talk down to us. Jennifer talks fast (!) and processes information quickly, and we appreciated that she was very thorough and open and gave us all the information we needed to make an informed decision. We decided to hire Jennifer and her team and we have never regretted that decision. Every interaction with the office (whether in person, phone or email) was professional and friendly. They were continually helpful and although we were sharing a lot of personal information, we trusted them. The most valuable thing they gave us was peace of mind. They are very efficient and we didn’t have to worry about the details. They had told us how long they expected the process to take, which helped give me a timeline of when I would be able to look for new job opportunities here in Canada, and we are thrilled that it turned out to be even faster than what they had told us. They were able to offer helpful suggestions for how to get all the needed materials along the way, including the medical exam, finger-printing, background checks, etc. We recommend that you at least go and have a consultation with Jennifer to find out all your options. They are friendly, fast, smart and helpful. Now I’m a permanent resident here and Martin and I are enjoying settling into our new community. Thank you Jennifer and team for helping us start this new chapter in our lives! Hannah & Martin
Ted Yoon
Ted Yoon
01:13 02 Aug 18
I came to Canada from Korea for college and ended up staying and working in my field. When I was eligible to apply for Permanent residency through the Canadian Experience Class, I was looking for some help. I was introduced to Jennifer through the Korean community and I went for a consultation. She sounded confident and that she could solve the problems that I had with my situation. I’m glad that I decided to hire Jennifer. She knows much more than some consultants that I talked to in Toronto. She and her office are confident and knowledgeable about what they do. They are expensive, but I always received a response quickly whenever I had a question or had provided them with documents. The fact that Jennifer could communicate with my family in Korean was very helpful. She also has an understanding of the cultural concerns that are common to South Korean men my age regarding military service in our home country. I liked that, because I lived out of town, I was able to have skype meetings with the office rather than having to drive to Kitchener to meet. Now I’m a permanent resident and I’m able to move on with my life. I’m looking forward to being able to apply for Canadian citizenship as soon as possible and I know I’ll be back for another consultation with Jennifer. Ted
Cheyenne Cartwright
Cheyenne Cartwright
21:38 01 Aug 18
We found this law office in one of the most challenging periods of our lives. Newly married, my wife Canadian and myself American, we had drastically misunderstood the processes necessary to ensure I would be able to build a life with her in Ontario, and I was only a couple of weeks away from a potential notice of deportation. Based on the mistakes I made, I did not think I even deserved a chance to make it right and managed the (short, but painful) wait for an appointment with plans to move back to the US and restart the process. Already partially reassured by the incredibly fast and professional response of the office's staff, I went into the meeting cautiously optimistic, and to make a long story short, we immediately agreed to enter a process that just in the past couple of months culminated in securing my permanent residency. Along the way, I received expedited permissions to pursue a job in Ontario, mentoring throughout the process of acquiring required documents and testimonials, anything we could have wanted, especially and all importantly the peace of mind mentioned in other reviews here already. And I never had to be separated from my wife at any point. While expensive, the costs were well explained, and we were coached in how to keep the costs as low as possible by doing as much on our end as we could. This resulted in a sizable refund of our retainer, given to us immediately along with my notice of permanent residency. I have nothing but praise for their office and staff, and anticipate continuing to exchange Christmas greetings/gifts over many happy years here in the province.
Franky Tacia
Franky Tacia
23:45 28 Jul 18
Completely unprofessional reception and an absolute scam as far as “initial consultation” that was her scribbling and circling on a bunch of random questions that lasted 15 minutes for $1000.00. Learned absolutely nothing new other then she wanted another $9,000.00 to help. Stay away!!!
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