A manager finds the right candidate in March, assumes the work permit can follow in a few weeks, and discovers in May that the paperwork has not legally started yet. That gap is common because an LMIA application is decided less by the form itself than by the choices an employer makes months before filing. Here are the six decisions that matter most, in the order they come up.
A Labour Market Impact Assessment (LMIA) is the review Employment and Social Development Canada (ESDC) conducts to confirm that hiring a foreign worker will not harm the Canadian labor market. A positive result tells the government that no Canadian citizen or permanent resident was available for the job. Everything below is about getting to that result without avoidable delay.
1. Does this role need an LMIA at all?
The cheapest LMIA application is the one you never have to file. LMIAs belong to the Temporary Foreign Worker Program (TFWP), while hires under the International Mobility Program (IMP) are exempt. Common exempt routes include professionals covered by the Canada-United States-Mexico Agreement (CUSMA), intra-company transferees, and candidates who already hold an open work permit.
Run this check before anything else. An exempt hire skips the advertising period, the processing fee, and the ESDC queue entirely, which can save months.
2. Which wage stream does your offer put you in?
The stream is not something you choose; the wage chooses it for you. ESDC compares your offered wage with the threshold for the occupation and province, which is currently set at 20% above the provincial or territorial median hourly wage (as of October 2026). At or above it, the position is high-wage; below it, low-wage.
That single number decides your advertising period, whether you need a transition plan, and in some regions whether ESDC will process the file at all, since low-wage applications are paused in areas with high unemployment. Employers hiring for in-demand technology and specialized roles should also look at the Global Talent Stream, which replaces the transition plan with a Labour Market Benefits Plan and carries much shorter ESDC processing times.
3. When does recruitment need to start?
This is where most timelines slip. ESDC expects proof that you genuinely tried to hire Canadians first. High-wage positions need at least four consecutive weeks of advertising. Since April 1, 2026, low-wage positions need at least eight consecutive weeks, plus targeted outreach to young Canadians, and the advertising must fall within the three months before you submit.
Work backward from the date you need the person on site. Add the advertising period, ESDC processing, and the worker’s own work permit application, and the realistic runway is often four months or more. Keep every posting, date, and applicant outcome, because ESDC requires employers to retain recruitment records for six years.
4. How many positions should you request?
ESDC charges a $1,000 CAD processing fee for each position requested, as of October 2026. The fee is non-refundable if the application is withdrawn or refused, and it can never be recovered from the worker, directly or through deductions. Certain primary agriculture and in-home caregiver positions are exempt.
Because the fee is per position, a request for five roles costs $5,000 before any advertising or professional costs. Request the number of positions you can justify with your recruitment evidence, not the number you might need someday.
5. Who will own the file after submission?
Filing is not the finish line. An ESDC officer reviews the business’s legitimacy, the wage, and the recruitment record, and may send a request for information or call the employer for an interview. Those are routine steps, but the answers must match what was filed, down to job duties, hours, and dates.
Name one person internally who knows the file and can respond within days. Larger employers often coordinate this through corporate immigration services so that the LMIA, the work permit, and later compliance inspections are handled as one continuous record rather than three separate tasks.
6. What is your plan for either answer?
A positive LMIA is generally valid for six months, and the worker must apply to Immigration, Refugees and Citizenship Canada (IRCC) for an employer-specific work permit before it expires. Have the candidate’s documents ready in advance, so the permit application can go in as soon as the decision letter arrives.
A negative LMIA is one normal outcome, not a dead end. The decision letter sets out the reasons, most often thin recruitment evidence, a wage below the prevailing rate, or incomplete business documents. Employers can correct those gaps and submit a new application, or seek reconsideration where ESDC offers it, so confirm the current options on ESDC’s site.
Treat the LMIA as a project, not a form
Employers who struggle with an LMIA application usually did not fill in the form wrong. They started recruiting too late, landed in the wrong stream, or had no one ready to answer ESDC’s questions. Settle these six decisions early, and the filing itself becomes the simplest part of the process.
Which of these six decisions has caused the most delay in your own hiring?
This article is provided for informational purposes only and does not constitute legal advice. Fees, wage thresholds, and program rules are stated as of October 2026; verify current figures on ESDC’s website before filing.
About the author
Is a lawyer at Exeo, a law firm whose lawyers are members of the Barreau du Québec, with lawyers also admitted in New York, New Jersey, Pennsylvania and Texas. The firm advises individuals, families and employers on immigration to Canada, the United States, Mexico and Europe from offices in Montreal, Lévis, Saguenay, Paris and Mexico City, in English, French and Spanish.