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5 Common LMIA Application Mistakes and How to Avoid Them

SW

Sarah Williams

Associate Lawyer

December 20, 2023 · 5 min read

The Labour Market Impact Assessment (LMIA) process can be challenging for employers unfamiliar with its requirements. After helping hundreds of employers secure positive LMIAs, we've identified the most common mistakes and how to avoid them.

Mistake #1: Inadequate Recruitment Efforts

Service Canada requires proof that you genuinely tried to hire Canadians before turning to foreign workers. Common issues include:

  • Not advertising on Job Bank (mandatory)
  • Insufficient advertising duration
  • Too few recruitment methods

**Solution**: Plan your recruitment at least 4 weeks before applying. Use Job Bank plus at least two other methods appropriate for your industry.

Mistake #2: Incorrect Wage Offers

Offering wages below the prevailing rate is a common reason for negative LMIAs.

**Solution**: Check the Job Bank wage report for your specific occupation and location. Offer at least the median wage.

Mistake #3: Poor Job Descriptions

Vague or overly specific job descriptions raise red flags. Too vague suggests the job isn't real; too specific suggests it's tailored for a particular foreign worker.

**Solution**: Write clear, reasonable job descriptions matching industry standards.

Mistake #4: Missing or Incomplete Documentation

Applications with missing documents are delayed or refused.

**Solution**: Use Service Canada's checklist. Have someone else review your package before submission.

Mistake #5: Not Understanding Exemptions

Some employers go through the LMIA process when they don't need to.

**Solution**: Check if your situation qualifies for an LMIA exemption (international agreements, intra-company transfers, etc.).

Final Thoughts

A positive LMIA opens doors for both employers and foreign workers. Investing time in a strong application pays dividends in faster processing and successful outcomes.

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