Hiring High Wage LMIA Workers, The high-wage LMIA is a dependable solution for Canadian businesses looking to employ international workers. This program offers a way to tackle various challenges such as high turnover rates, disengagement, employee loyalty, diversity, and salary expectations. With thorough preparation, you can bring your employee to Canada within a span of 6 months and retain them for up to 3 years or even permanently if you support their permanent residence application. This comprehensive article provides answers to all your inquiries regarding the high wage LMIA application process.

The program might seem daunting, particularly if you’re encountering it for the first time. However, with ample resources and clear guidance, it can swiftly alleviate the issues related to a scarcity of skilled labor. At Canserves Firm, we guarantee a swift and straightforward process for hiring international talent, ensuring that your business can continue to thrive even in the face of labor shortages.

Definition of High Wage LMIA Workers

High wage LMIA workers are foreign employees who earn a wage exceeding the prevailing rate for their specific occupation, determined by the province in which they are employed. These workers can come from any country, but they must possess pertinent experience according to the job requirements, be proficient in either English or French, maintain good health, and have a clean criminal record.

Canadian companies have complete freedom to recruit foreign workers in any occupation, with no restrictions on the number of foreign workers they can employ in a given year. These workers can be hired for virtually any occupation, provided that they are offered a salary at the prevailing wage level.

What is the Prevailing Wage for High Wage LMIA Workers?

The prevailing wage is the median hourly wage, which varies depending on the region and occupation. High wage LMIA workers must receive a salary that is equal to or higher than this specified amount.

As of today, the general provincial prevailing wages are as follows (as of May 31, 2023):

High Wage LMIA Workers Requirements

General requirements for high-wage LMIA applications include the submission of a fully filled application form, evidence of recruitment activities, a comprehensive summary of recruitment efforts, a set of documents from the business to demonstrate ongoing operational activities and financial capability to cover the foreign worker’s salary, as well as payment of a government processing fee of CAD $1,000 per position.

Canadian Employer Requirements

Canadian companies applying for a high-wage LMIA will undergo an assessment to confirm the authenticity and legitimacy of both the business and the job offer. This evaluation ensures that the Canadian company is indeed operational, possesses the financial capacity to cover the foreign worker’s salary, and that the position specified in the high-wage LMIA application aligns with the genuine needs of the business.

In specific, the Canadian company will be assessed to confirm that:

• It is providing a product or a service in Canada – meaning it is a Canadian-registered and operating business.
• It is offering employment that’s consistent with the reasonable needs of the business – meaning that the position that is being requested with the high-wage LMIA application aligns with the business’s needs.
• It can fulfill all terms of the job offer – meaning the Canadian company has the financial ability to pay the foreign worker’s salary and provide a workspace safe from abuse.
• It has no compliance issues and is not on the list of ineligible employers.

Canadian companies located in British Columbia, Saskatchewan, or Manitoba must additionally secure a provincial employer registration certificate, which grants them further authorization to hire foreign workers. It is imperative to obtain this certificate before submitting a high-wage LMIA application.

Canadian companies outside those provinces can submit a direct high-wage LMIA application without obtaining additional certificates.

Foreign Worker Requirements

Fortunately for Canadian companies, Canadian immigration policies do not impose any restrictions or quotas on the number of high-wage foreign workers they can hire. Furthermore, there are no limitations on which countries can be considered as sources for hiring high-wage foreign workers.

Otherwise, the general requirements for the foreign workers are as follows:

• Must have relevant education, matching work experience, and additional professional certifications, if applicable
• Be able to speak in English or French to perform their job duties
• Be admissible to Canada, meaning they are not in violation of any inadmissibility factors as specified by Canadian immigration law.

Processing Time for High Wage LMIA Applications

In our experience, the processing time for high-wage LMIA applications typically takes 8 weeks from the point of application submission. It’s worth noting that Service Canada frequently updates their statistics on average LMIA processing times to reflect the actual number of applications received. As of April 2023, Service Canada has made a commitment to expedite the processing of high-wage LMIA applications by introducing an online portal for submission.

It’s important to keep in mind that, before submitting the application, there is a mandatory 4-week recruitment period that should be factored into the overall processing time. We highly recommend utilizing this period to prepare the high-wage LMIA application and gather all the necessary documents, ensuring that the application is ready for submission immediately after the 4-week recruitment period has concluded.

Application Process for High-Wage LMIA Workers

The procedure for high-wage LMIA applications is relatively uncomplicated. Initially, you commence the mandatory 4-week recruitment period. While the advertisements are active, use this time to start the high-wage LMIA application process through the online portal and gather the necessary documents.

In the third week of the advertisement period, you should begin reviewing the resumes of applicants who have applied for the position and screen out those who are Canadian citizens and permanent residents. If your recruitment efforts have not yielded suitable candidates, then it’s time to proceed with the application submission. Additional details about each step related to the high-wage LMIA application for Canada can be found below.

Employer Compliance

Employer compliance comprises a series of rules and guidelines that Canadian companies must adhere to. These regulations are in place to guarantee that foreign workers are treated equitably in comparison to Canadian employees and that their rights are safeguarded.

Overall, ESDC looks at the following conditions to ensure that Canadian companies:

• Comply with all federal, provincial, and/or territorial laws that regulate employment and recruiting.
• The foreign worker obtains a signed offer letter on the first day of work (or earlier) that clearly outlines all relevant details associated with their employment.
• All relevant records concerning the high-wage LMIA application are kept for 6 years.
  • This includes any recruitment records that were conducted for the role (if there were any), communication threads with the applicant, communication records with any third party involved in this process, the submitted application, expenses, communication threads with the ESDC officer, copy of the final decision letter, and anything else that is relevant.
• Commitment to executing the activities that were agreed on in the transition plan.
• Inform ESDC of any changes to the foreign worker’s employment conditions.
• Providing a safe working environment to the foreign worker that is free of abuse and has proper safety measures depending on the industry standards.
• Maintain the same employment conditions set out in the high-wage LMIA application and the signed offer letter.
• The company remains engaged in the same business for the duration of the foreign worker’s work permit.
  • For example, if the business gets acquired or re-branded, the foreign worker may need a new GTS to accurately reflect employment records.
• The fees associated with recruitment and bringing the foreign worker to Canada (for example High-Wage LMIA service fees and/or work permit fees) are not recovered, directly or indirectly, from the foreign worker.

Frequently Asked Questions

Below you will find answers to our most commonly asked questions about hiring high-wage LMIA foreign workers:

Is it difficult to get a high-wage LMIA approved?

When a high-wage LMIA is meticulously prepared, including the proper preparation of advertisements during the recruitment period, and when the business is a legitimate and operational entity in Canada, obtaining approval for this application is not a challenging process.

What is the prevailing wage for high-wage LMIA?

The prevailing wage is the median hourly wage specific to the job position and the region of employment. If the offered wage surpasses the provincial prevailing wage, the LMIA will qualify as a high-wage application. For detailed information on the prevailing wage in each province for the year 2023, please refer to the Prevailing Wage section.

What job positions are eligible for high-wage LMIA?

As long as the offered wage exceeds the provincial prevailing wage, nearly any job position can qualify for a high-wage LMIA. Typically, white-collar and high-skilled managerial positions are categorized as high-wage LMIA positions. However, the eligibility of administrative roles for high-wage LMIA can be contingent on the specific job description.

Can I apply for multiple high wage LMIAs?

Indeed, there are no restrictions on the number of high-wage LMIA applications you can submit. You also have the option to submit a single high-wage LMIA application requesting multiple positions, but this is only viable when the positions in question are identical in terms of title, job duties, salary, and job location.

Are there any restrictions on the duration of employment for high wage LMIA positions?

Yes – the high-wage LMIA allows the employment of foreign workers from one (1) to three (3) years.