Check LMIA Exemptions First
Not every position requires an LMIA. The International Mobility Program (IMP) allows employers to hire foreign nationals without one — and typically processes faster. Before investing in an LMIA application, confirm whether any of the following applies:
- CUSMA/USMCA: American and Mexican citizens in eligible professional categories (engineers, accountants, scientists, lawyers) can enter without an LMIA under the Canada-US-Mexico Agreement
- Intracompany Transfers (ICT): Executives, managers, and specialized knowledge workers transferring within a multinational company are LMIA-exempt
- International Experience Canada (IEC): Workers from reciprocal agreement countries under 35 may hold open working holiday permits — no employer LMIA required
- Significant Benefit (R205): Positions that provide cultural, social, or economic benefit to Canada — including researchers, performers, and certain specialists — may be exempt
LMIA Streams
ESDC administers seven LMIA streams. Each has distinct eligibility criteria, documentation requirements, and processing timelines. Select a stream below.
For positions at or above the provincial/territorial median hourly wage
Who Qualifies
- Canadian employers offering wages at or above the provincial or territorial median hourly wage
- Any sector except those subject to a moratorium (e.g. low-wage food service in high-unemployment CMAs)
- Positions classified TEER 0 through 5 are all eligible — wage level, not TEER category, determines the stream
Key Requirements
- Wage must meet or exceed the provincial/territorial median at time of application — check ESDC's wage table, as medians are updated annually
- Transition Plan: mandatory document outlining measurable steps the employer will take to reduce reliance on the TFWP over the permit period
- Minimum 3 recruitment activities before applying: one must be Job Bank advertising, plus at least 2 additional methods suited to the occupation
- Recruitment must actively target under-represented groups: Indigenous persons, youth, newcomers, persons with disabilities, and vulnerable foreign nationals
- $1,000 LMIA application fee per position requested
- Employment duration may be requested up to 3 years — align with the realistic operational need
Application Process
- 1Confirm position wage meets or exceeds current provincial median (ESDC wage table)
- 2Post on Job Bank for minimum 4 weeks; run 2 additional targeted recruitment activities simultaneously
- 3Document recruitment outcomes — number of applicants, reason for non-selection for each Canadian/PR applicant
- 4Prepare Transition Plan with specific, measurable commitments (not generic statements)
- 5Submit LMIA application online with supporting documents, proof of business legitimacy, and recruitment records
- 6Respond to any ESDC requests for additional information within the specified deadline
- 7Upon positive LMIA, employer provides copy to the foreign national to support work permit application
Processing Time
60 business days (approximately 12 weeks) — this is an ESDC operational target, not a guarantee. Complex cases or incomplete applications extend this significantly.
Where Most Applicants Go Wrong
- Transition Plan is vague or generic — ESDC officers flag boilerplate language immediately
- Wage offered falls below prevailing rate for the occupation in that region (distinct from the median threshold)
- Recruitment targeting the wrong TEER category or NOC code — a mismatch between advertised position and the LMIA application is the most common preventable refusal
- Insufficient effort to recruit Canadians — 3 activities is the minimum, not a formula for approval
- Business legitimacy questions: new businesses, no GST/HST account, no payroll history, or no demonstrated operational capacity
- Job duties inconsistent with the NOC/TEER code cited
Strategic Consideration
Before pursuing a high-wage LMIA, verify whether the position qualifies under the International Mobility Program (IMP). CUSMA/USMCA professionals, ICT intracompany transfers, and significant benefit positions are all LMIA-exempt and process faster with no recruitment requirement.
Practitioner Insight
ESDC officers read Transition Plans carefully. A plan that commits to "exploring training programs" will not satisfy reviewers. Effective plans name specific programs, set timelines, and commit to measurable outcomes — such as hiring 2 apprentices by a specific date or partnering with a named college.
Quick Facts
- Standard fee:$1,000/position
- Agricultural fee:No fee
- Processing time:~60 business days
- GTS processing:10 business days
- Who applies:Employer only
- Low-wage max duration:1 year
- High-wage max duration:3 years
LMIA applications are employer-initiated. A foreign worker cannot apply for an LMIA on their own behalf. Contact us to assess LMIA requirements and exemptions.
Schedule your consultationA consultation is required for case-specific advice.
Where Most LMIA Applications Go Wrong
These are the six most common — and most preventable — reasons LMIA applications are refused or delayed. Each is specific to the LMIA process, not generic immigration advice.
Advertising the wrong NOC/TEER category
The job advertisement, the recruitment efforts, and the LMIA application must all reference the same occupation. ESDC officers check for alignment. An employer who advertised a TEER 3 position but files an LMIA for a TEER 2 role faces an automatic flag.
Treating the Transition Plan as a formality
High-wage LMIA Transition Plans are reviewed for substance. Commitments must be specific, named, and time-bound. Generic language about "supporting Canadian training" results in a Request for Information — extending processing by weeks.
Applying in a restricted CMA for low-wage positions
ESDC will refuse to process low-wage LMIA applications in census metropolitan areas with unemployment at or above 6%. This is checked at intake. Verify the Statistics Canada Labour Force Survey data for your specific CMA before filing.
Submitting before the advertising period is complete
As of April 1, 2026, low-wage LMIAs require 8 consecutive weeks of advertising. Applications filed before this period is completed are returned without review.
Conflating LMIA with work permit
A positive LMIA is not a work permit. The foreign national must separately apply to IRCC for the work permit using the positive LMIA as supporting documentation. Two separate processes, two separate timelines.
Forgetting the LMIA exemption analysis
Many positions that are processed through LMIA could have proceeded under the International Mobility Program with no LMIA required — and faster. CUSMA/USMCA, ICT intracompany transfers, and IEC working holidays all bypass the LMIA. Assess LMIA-exempt options first.
LMIA vs. International Mobility Program
The LMIA and IMP are parallel pathways under the Temporary Foreign Worker regime. The decision between them is not always obvious — position characteristics, worker nationality, and business structure all affect which is available.
Use LMIA when:
- No LMIA exemption category applies to the position or worker
- Worker is not a national of a CUSMA/USMCA or IEC-eligible country
- Employer needs to demonstrate labour market testing for immigration planning purposes
Avoid LMIA when:
- The worker is eligible for a CUSMA/USMCA professional work permit (faster, no recruitment required)
- The position qualifies as an ICT intracompany transfer
- The worker holds or is eligible for an IEC open work permit
- The employer is in a sector with a TFWP moratorium in their region
Compliance Reminder
A positive LMIA does not give ESDC the right to inspect your workplace — but ESDC does conduct employer compliance reviews of TFWP employers. These can occur at any time during or after a TFW's employment period.
Violations can result in a 1- or 2-year ban from the TFWP, publication of the employer's name on ESDC's non-compliant employer list, and financial penalties up to $1 million per year.
The most common compliance finding is a wage discrepancy between the LMIA application and actual payroll records.