Canadian employers seeking to hire temporary foreign workers (TFWs) through the Labour Market Impact Assessment (LMIA) program will be interested in a recent update from Employment and Social Development Canada (ESDC). On May 14, 2024, ESDC released revised processing times for LMIA applications across various streams.

The LMIA program is a crucial step for employers who wish to bring in foreign talent to fill specific job vacancies. By obtaining a positive LMIA, employers demonstrate to the government that they have made a good faith effort to recruit qualified Canadian citizens or permanent residents for the position, and that hiring a foreign worker will not negatively impact the domestic labor market.

What Changed?

The update from ESDC reflects the current average processing times for LMIA applications based on data from all processing centers. Here’s a breakdown of the changes for each stream:

• Global Talent Stream: Employers seeking to hire highly skilled or in-demand workers through the Global Talent Stream can expect a processing time of 7 business days, which remains unchanged.
• Agricultural Stream: Processing times for the Agricultural Stream, used to hire temporary foreign workers in agriculture and related occupations, have seen a slight increase to 13 business days (up from 10 days).
• Seasonal Agricultural Worker Program: Employers bringing in seasonal agricultural workers will see a more significant increase, with processing times moving to 10 business days (up from 7 days).
• Permanent Residence Stream: The Permanent Residence Stream, which supports temporary foreign workers seeking permanent residency in Canada, has seen the longest delay increase, with processing times reaching 80 business days (up from 79 days).
• High-wage Stream: Employers offering high-wage positions can expect some welcome news. Processing times for the High-wage Stream have decreased to 43 business days (down from 51 days).
• Low-wage Stream: The Low-wage Stream has also seen a processing time reduction, with applications now taking an average of 46 business days (down from 55 days).

Important Considerations

It’s important to remember that these are average processing times. Individual applications may take longer or shorter depending on specific circumstances. Here are some factors that can influence processing timelines:

• Completeness of application: Ensure your application includes all required documentation and is filled out accurately to avoid delays.
• Complexity of the case: More complex cases, such as those involving unique job requirements or foreign worker recruitment efforts, may take longer to process.
• Work permit type: Processing times can vary depending on the type of work permit being sought for the foreign worker (e.g., open work permit vs. employer-specific work permit).

Planning Ahead is Key

Given the processing time variations, employers seeking to hire temporary foreign workers are advised to plan ahead.Here are some tips:

• Start the LMIA application process early: Don’t wait until the last minute to submit your application, especially if you’re utilizing the Seasonal Agricultural Worker Program or Permanent Residence Stream with their longer processing times.
• Carefully review application requirements: Familiarize yourself with the specific requirements for your chosen LMIA stream and ensure you have all necessary documentation readily available.
• Seek professional guidance: Consider consulting with an immigration lawyer or consultant specializing in LMIA applications for assistance with the process.

The recent update from ESDC provides valuable insights for Canadian employers navigating the LMIA program. By understanding the current processing times and taking proactive steps, employers can ensure a smoother experience when hiring foreign workers to fill their labor needs.

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