Virginia, US

Feb 27 2020

Online Labor Market Impact Assessment Pilot Program Expanded

Canada

At a Glance

  • The Employment and Social Development Canada (ESDC) is expanding the launch of its new online Labor Market Impact Assessment (LMIA) pilot program, which allows employers and third parties to submit LMIAs electronically.
  • The ESDC has extended invitations to use the pilot program to employers with existing Job Bank accounts or who had previously used the non-electronic LMIA system; however, any employer may request permission to use the system.
  • The online system is expected to streamline the LMIA application process and decrease processing times.

The situation

The Employment and Social Development Canada (ESDC) is expanding the launch of LMIA Online, an online pilot program that allows employers and third parties to submit Labor Market Impact Assessments (LMIA) electronically. Previously, the online pilot project was only available to a small number of employers in the agricultural industry.

A closer look

Details of the online LMIA system include the following:

  • Purpose. The online system is meant to provide employers participating in the Temporary Foreign Worker (TFW) program with integrated online access on a single platform where they can register, manage online accounts and conduct online transactions.
  • Potential users. Any employer with a Job Bank account may register to use LMIA Online. In addition, the ESDC has sent invitations to employers with existing Job Bank accounts to use the new system or employers who had previously used the non-electronic LMIA system. Use of the new system is voluntary at this time.
  • Process. To use the system, employers and third parties must complete the below steps:
    • Employers and third parties must have an account with the Job Bank for employers, as the same login credentials will be used in LMIA Online.
    • Once in the LMIA system, users will be able to create an LMIA application, continue current LMIA applications, upload documents and find out the status of ongoing applications. However, pending LMIA applications which were filed under the non-electronic system will not be transferred to the new system.
    • Employers will be able to pay the filing fee of CAD 1,000 (approximately USD 752.89) per application online, unless they are exempt from the filing fee requirement (such as when filing Agricultural Stream LMIAs).
    • Once the application has been adjudicated, the employer will receive an email notification to log into the LMIA Online system where they can access and review their decision letter from their inbox.

 

Impact for employers

  • Processing times. Employers are expected to see a decrease in LMIA processing times. For approved LMIAs, this will result in foreign nationals being able to start work more quickly.
  • Streamlined system. Employers and third parties will have access to a more user-friendly system that will allow them to save and retrieve LMIA applications and return to complete them at any time prior to submission, increasing the transparency of the process.

 

Background

The LMIA online pilot project began in August 2019 with a small number of employers in the Season Agricultural Workers Program and Agriculture streams. The project was expected to expand as the system stabilized.

 

Looking ahead

The TFW Program has launched an outreach program to promote the LMIA Online system and will continue to invite employers with a Job Bank account to apply using the system. However, employers do not require an invitation to use the online portal. Eventually, the online option is expected to become the only option for submitting LMIAs.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].