Last updated: April 2026
A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a foreign worker. In 2026, the Temporary Foreign Worker Program (TFWP) has seen major restrictions, particularly in low-wage sectors and high-unemployment regions like Montreal. SiLaw assists employers and workers in navigating these high-stakes compliance hurdles.
The 2026 LMIA Landscape
- Montreal Low-Wage Freeze: As of April 2026, most low-wage LMIA applications in the Montreal administrative region remain frozen.
- Caps on Foreign Workforce: Employers are generally limited to a 20% cap for foreign workers in most sectors to prioritize local labour.
- High-Wage vs. Low-Wage: The stream is determined by the median wage of the province. High-wage LMIAs offer longer durations and potentially higher points in Express Entry (50-200 points).
Employer Obligations
Employers must prove they have exhausted all efforts to hire Canadians or Permanent Residents through specific recruitment channels for at least 30 days. They must also undergo rigorous EIMT/LMIA compliance audits.
FAQ
1. How long does an LMIA take? Average processing in 2026 is 30-45 business days for standard files.
2. Is an LMIA-exempt work permit possible? Yes, via ICT, CUSMA, or Mobilité Francophone streams (IMP).
3. Does an LMIA guarantee a visa? No, it only allows the employer to hire. The worker must still apply for a work permit and pass background/medical checks.
4. What is the LMIA application fee? $1,000 CAD per position.
5. Can I change employers with an LMIA? No, an LMIA-based work permit is “closed,” tying you to a specific employer and location.
6. How many points does it give in EE? 50 points for most TEER levels, 200 points for TEER 0 senior management.
7. Can seasonal workers use LMIA? Yes, under the Agricultural or Seasonal streams.
8. What if the LMIA is rejected? The employer can re-apply, but must address the specific “negative impact” concerns raised by ESDC.
