How to Secure a Positive LMIA and Work Permit for Your Employee

Hiring foreign talent as a Canadian employer can be a challenging process.

First, you may need to obtain a Labor Market Impact Assessment (LMIA) document, specifically a positive LMIA. However, it is not easy to get a positive LMIA because you must demonstrate that the position can’t be filled by local talent, navigate strict eligibility criteria, and manage complex application processes.

Next, you’ll need to secure a work permit for your employee. This permit confirms that the employee is authorized to work in Canada. Again, getting a work permit comes with its complications.

Fortunately, you have us.

At Deel, we simplify global workforce mobility. With our expertise in streamlining immigration procedures for multinational companies, we provide an efficient and compliant path to obtaining LMIA approvals and work permits.

In this article, we outline the key steps involved and demonstrate how Deel’s immigration services can transform this cumbersome process into a seamless, hands-off experience, making successful employee relocations and global compliance attainable.

But first, let’s make sure you understand what LMIA is

What is LMIA?

An LMIA is a document that a Canadian employer must obtain before hiring a foreign worker. It's issued by Employment and Social Development Canada (ESDC).

In plain terms:

It’s the Canadian government’s way of asking: “Are you sure you can’t hire a Canadian or permanent resident to do this job?”

If the answer is yes, and the employer proves it through job postings and recruitment efforts, they may receive a positive LMIA, which says hiring a foreign worker won’t negatively affect the local labor market.

A positive LMIA:

• Confirms there’s a legitimate need for a foreign worker
• Shows that no Canadian or PR was available or qualified
• Allows the foreign worker to apply for a work permit using the LMIA letter

If approved, the LMIA unlocks the next step: a work permit application for your employee.

With Deel, you can check whether a worker needs an LMIA or qualifies for an exemption in seconds using our built-in eligibility checker.

Let’s now go over the steps you can take to secure a positive LMIA and work permit for your employee.

Confirm if you need an LMIA

Before you invest time in the LMIA process, ask one key question: Do you even need an LMIA?

Not every foreign worker requires one. Canada offers a wide range of LMIA-exempt work permits through international agreements, intra-company transfers, and post-graduation permits.

Use this quick test:

• Are you hiring someone who is not already working in Canada?
• Are they not covered under a trade agreement like CUSMA (formerly NAFTA)?
• Are they not a recent international graduate with a PGWP?

If you answered yes to any of these, you likely do need a positive LMIA to proceed with a work permit.

Another way to confirm whether your worker is exempt from needing an LMIA or work permit is to:

• Review the LMIA exemption codes published by Immigration, Refugees and Citizenship Canada (IRCC)
• Select the code that best fits your situation and read the detailed description
• If applicable, include the exemption code in your offer of employment

Alternatively, you can contact the International Mobility Workers Unit if your worker is currently outside Canada and from a visa-exempt country (e.g., the USA, UK, many EU nations).

You can find the complete list of LMIA exemption codes on Canada’s official site here.

Still not sure if you need an LMIA? Talk to one of Deel’s immigration experts for guidance.

Let’s now consider what you should do if you need an LMIA.

Step 1: Choose the appropriate LMIA category or stream

Canada offers multiple LMIA streams, each with unique criteria and processing times. Picking the wrong one can lead to delays or outright rejection.

Here’s a quick overview to help you choose the right fit based on your employee’s role, industry, and work conditions.

High-Wage Stream

This stream applies when the wage offered to the foreign worker is at or above the median hourly wage for the job in the region of employment.

Employers must submit a transition plan showing how they intend to reduce reliance on temporary foreign workers over time. This stream is ideal for skilled roles in fields like IT, engineering, and management.

Low-Wage Stream

If the offered wage falls below the regional median, the job may be classified as part of the low-wage stream.

Employers must meet stricter conditions, such as caps on the number of low-wage workers and potentially offering transportation, housing, and healthcare. This stream is commonly used for roles in hospitality, retail, and general labor.

Seasonal Agricultural Worker Program (SAWP)

SAWP allows employers to hire temporary foreign workers from Mexico and participating Caribbean countries for up to eight months.

The job must be related to on-farm primary agriculture, such as fruit and vegetable production. Employers must provide round-trip airfare, housing, and private health insurance. This stream only applies to seasonal needs.

Agricultural Stream

This stream covers year-round agricultural jobs or cases where the worker is from a non-SAWP country.

Jobs must still fall within primary agriculture, and employers must meet similar housing and protection standards as SAWP.

It’s typically used when workers are needed for extended or non-seasonal agricultural roles.

Permanent Residency Support LMIA

If you intend to support your foreign worker’s application for permanent residency under the Express Entry system, this LMIA type is ideal. It confirms a permanent job offer and is used to award the worker additional CRS (Comprehensive Ranking System) points. In some cases, job advertising requirements may be waived, especially for workers already in Canada.

Global Talent Stream (GTS)

GTS is designed for companies that hire highly skilled global talent, particularly in the tech, engineering, and STEM fields. It offers expedited processing, often within 10 business days.

Category A requires a referral from a designated partner organization, while Category B covers occupations listed on the Global Talent Occupations List.

Employers must also submit a Labour Market Benefits Plan, outlining commitments to innovation and job creation in Canada.

In-Home Caregivers

This stream applies to private households hiring foreign workers to provide child care, elder care, or assistance to individuals with medical needs.

Employers must prove that no qualified Canadians are available and meet certain salary thresholds and housing standards if live-in care is provided. This arrangement is ideal for families hiring nannies, personal support workers, or home health aides.

You can check the official Canadian government website to determine the most suitable category.

Step 2: Ensure the company and position meet the LMIA eligibility criteria

The next step is to ensure that your company and the worker’s position in Canada meet the eligibility requirements set by Employment and Social Development Canada (ESDC).

The exact criteria depend on the specific visa category you choose, but in general, they include:

• Proving there is a genuine need for a temporary foreign worker through job advertisements and an effort to recruit Canadian citizens or permanent residents with the needed qualifications
• Proving that the wage offered to the temporary foreign worker is equal to or higher than the prevailing wage for the position in the same geographical area
• Meet all the obligations as an employer
• Having documentation to show that your organization complies with all the requirements under the Temporary Foreign Worker Program (TFWP)

Step 3: Create a job bank account and post the job vacancy ad

Before getting the visa for your existing worker, you must prove that you could not fill the position with a local Canadian worker.

To do this, you must create a job bank account on the Government of Canada’s website. With this account, you can post the job vacancy that reflects the above criteria, clearly describing the job duties, required qualifications, salary details, duration of employment, working conditions, and any other relevant terms. You can find more information here.

After posting the job ad, advertise the position for at least four weeks. Use various channels such as online job boards, company websites, and local newspapers to reach a wide range of potential applicants.

During the advertising period, actively interview and consider eligible candidates. Document the recruitment process and maintain records of unsuccessful interviews and applications.

Step 4: Submit an LMIA assessment via the LMIA online portal using your job bank credentials

Once you’ve finished your recruitment efforts and confirmed that no qualified Canadian or permanent resident is available for the role, you’re ready to submit your LMIA application.

To do this, log into the LMIA Online Portal using the same credentials you used to create your Job Bank account. There, you’ll complete and submit the appropriate application form based on your chosen stream, whether it’s the High-Wage Stream, Global Talent Stream, or another.

Each application must include detailed evidence of your recruitment efforts, the business legitimacy documents, and proof that your job offer meets wage and working condition standards. You’ll also need to pay a processing fee of CAD $1,000 per position. Some streams, such as the Agricultural Stream or caregiver roles for individuals with high medical needs, may be exempt from this fee.

ESDC officers will review your entire application, including the recruitment summary, job offer, wage details, and the business’s ability to support the employment. They may request additional documentation or clarification during the review process.

Step 5: Provide a copy of the LMIA letter to the temporary foreign worker

If your LMIA application is approved, you’ll receive a positive LMIA letter from ESDC, often referred to as a confirmation letter. This document confirms that your company is authorized to hire a foreign worker for the specific position.

You must give your employee a copy of this letter and a formal job offer. With both documents in hand, the foreign worker can apply for a work permit through IRCC from inside or outside Canada.

The worker will need to create an IRCC account, complete the online work permit application, upload required documents (such as a passport, employment letter, and proof of qualifications), and pay the application fee. This process must be completed before the LMIA expires.

If your employee is applying from abroad, they may also be asked to submit biometrics, undergo a medical exam, or attend an interview at a visa application center. Processing times can vary widely depending on the applicant’s country of residence, but most decisions are issued within two to four months.

The worker must follow these instructions on how to apply.

With Deel Immigration, employees receive one-on-one support in preparing their work permit applications.

Deel onboards the employee onto the user-friendly platform. They’ll be assigned a case manager and asked to provide their personal details and upload supporting documentation, such as their passport, work experience documentation, police clearance certificate, and medical documents, to the platform.

Deel’s Immigration experts will submit the work permit application to the authorities in the applicant’s country of origin. Depending on the country, the average processing time ranges from 2 to 4 months.

We can also add family members such as spouses and dependent children to the candidate’s application and support them in obtaining open work permits, allowing them to work for any employer in any occupation without being tied to a specific job offer or location.

The platform provides you and the employee with real-time visa application status updates so you remain informed throughout the process.

Step 6: Complete biometrics and passport stamping

If approved, and the employee is outside Canada, they must book a biometric appointment at their local visa-filing center and attend in person.

Once biometrics are complete, the applicant must send their passport to their local visa-filing center or go to the center in person to submit it and collect a stamp.

Step 7: Welcome your new employee to Canada

Once the passport is stamped, your employee can plan their travel to Canada. On arrival at the border, the Canadian border agency issues the final copy of the work permit.

The work permit will be valid for the same duration as the LMIA. You should retain accurate records related to the employment of foreign workers, including copies of the LMIA, job offer, and any communication with immigration authorities. This is important for compliance and potential future audits.

Get total transparency from start to finish with Deel

No longer will you be left in the dark during the work permit application process. Deel is re-inventing the immigration journey to make it stress-free and predictable for both workers and companies.

Our global HR platform has everything you need to support your global team. You can:

• Check a candidate’s visa or work authorization eligibility before creating an employment contract or embarking on a visa application
• Get visa support for your existing workers hired through your own entities
• Have Deel sponsor your applicant’s visa if you’re unable to provide support
• Oversee all company immigration activities and costs via your dashboard and receive reminders when work authorizations are due to expire or need renewal
• Create work contracts that comply with all local labor laws
• Run background checks
• Administer benefits and perks, including healthcare, equity, and retirement plans
• Provision equipment and flexible coworking space memberships
• Run global payroll
• Manage your team with Deel Engage plugins for smooth onboarding, time off, pulse surveys, and more

Sounds like the ideal solution? Learn more about Deel’s visa and immigration services, or book 30 minutes with a product expert to get your questions answered.

Disclaimer: Be aware that this article is not a substitute for legal advice. Please always check official websites or seek legal advice before you take action.