Minimum Advertising Requirements For LMIA
Minimum advertising requirements for LMIA for employers who qualify exemption include:
- Advertising the position in a way that is likely to reach potential candidates within Canada. This could include job postings on websites, newspapers and other print media, radio or television broadcasts, or through organizations such as universities, colleges, sector councils or immigrant-serving organizations.
- Providing a detailed job description that is accessible to the public and contains all of the information necessary for potential candidates to assess if they are qualified for the position.
- Ensuring appropriate wages and working conditions in accordance with provincial/territorial legislation.
- For high-paying positions, an employer is typically obliged to post job openings in at least three (3) sources. Alternatively, they should advertise in at least five (5) sources for low-paying positions.
- An LMIA application must be submitted within three (3) months of the start of the advertisement. The job posting must run for four (4) consecutive weeks.
However, it is essential to remember that job descriptions might vary according to the position. In some situations, it makes it easier to apply for an LMIA, while in others, it makes it more difficult. Below, we give a summary of the variations.
Jobs That Call For LMIA But Are Exempt From Or Assisted With The Recruitment Process
The following positions either waive or simplify the requirement for job postings. LMIA is still necessary. However, in some ways, applying to hire the following groups of foreign workers will be simpler and faster:
Active Business Owners And Operators - LMIA Advertising Exemptions
The position is for business owners and does not refer to individuals who receive shares as part of a compensation package. To qualify as an owner/operator, the foreign national must:
- Demonstrate a level of controlling interest in the business, e.g. be a sole proprietor or a majority shareholder
- Demonstrate that such temporary entry will result in the creation or retention of employment opportunities for Canadians and permanent residents and/or skills transfer to Canadians and permanent residents; and,
- not be able to be dismissed.
There is no need for recruiting or advertising for these jobs. So this will fall under the jobs which have LMIA advertising exemptions A sole proprietor or shareholder holding at least 50% of the shares is referred to as a business owner or operator. As a result, they have a controlling interest in the business and cannot be fired.
Academics - LMIA Advertising Exemptions
To be considered an academic, a person must hold at least one postgraduate degree (after having completed a Bachelor’s degree). They must also make their living by working as an academic(in teaching or research) at one of Canada’s universities or university colleges. No recruitment or advertising is necessary for the second or third LMIA applications for a university professor holding a tenure-track position.
Foreign workers who need a work permit, but do not require a Labour Market Impact Assessment, include:
- Post-doctoral Holders
- Research award recipients
- Eminent individuals, for example, leaders in various fields
- Guest lecturers
- Visiting professors
- Citizens of the U.S. and Mexico appointed as professors under the university, college and seminary levels of the North American Free Trade Agreement NAFTA); and
- Citizens of Chile were appointed as professors under the Canada-Chile Free Trade Agreement (CCFTA)
This involves posting a job covered by a Collective Bargaining Agreement that only allows internal hiring. Internal posting will be sufficient in this situation. All bargaining unit members must be allowed to apply for the position in this situation.
The Entertainment Industry - LIMA Advertising Exemptions
If a worker will be hired on short notice, for a small number of days, and at a specific location, no advertising is necessary. The following profession falls under this exemption; beatboxers, bar bands, DJs, musicians, singers, film directors, first assistant directors for feature films and commercials, actors, artists, and film or television crews for short productions and commercials. Please note that this is not a complete list of jobs in the entertainment industry.
Advertising and recruiting are not required if the position is in an international organization. It is the same if it is with the Canadian mission of a foreign government. They are free to choose foreign nationals according to their procedures and specifications.
Regardless of whether they are hiring in-home caregivers for high or low wage positions, employers using the Temporary Foreign Worker (TFW) Program must adhere to all recruitment requirements.
Advertising is necessary for this job. However, employers do not need to include full names and addresses at home on job advertisements. Instead, they only need their first name, another identifier, and the job’s location.
A minimum of 1 additional method must be used for at least 14 calendar days on Job Bank. Its scope can be national (for high-wage positions) or aiming an underrepresented group (for low-wage positions). An advertisement for the position must also be circulated for the same length of time.
An advertisement is not required under four conditions. The job is going to last 30 days or less. A temporary foreign worker needs to be hired quickly. The position will only exist after the temporary foreign worker leaves. There is no chance to train a Canadian or a permanent resident because the job requires specialized knowledge. This is to ensure the safe and effective provision of or operation of machinery or equipment.
Teachers of religion in a faith-based independent school (NOC 4217 - Other Religious Occupations)
Before applying for an LMIA, at least four job advertisements must be published on Job Bank or in church publications for three months. For this, the provincial or territorial Ministry of Education must let the school to set the requirements for their instructors based on religion.
Seasonal Agricultural Workers (Only Applies To Quebec)
Hiring a replacement employee in the same locale and line of work as in the prior LMIA does not necessitate re-advertising. Transferring an LMIA application in the same area and industry does not require advertising.
Agricultural Stream Workers
Assume that the position stays in the same region and industry as in the prior positive LMIA. In this case, re-advertising is not necessary in order to hire a replacement employee.
There is no need for recruitment or advertising under these conditions. If the task requires a specialist with specialized knowledge or experience. It can be completed in a short amount of time. Canadians cannot be trained for this. As an example, equipment made outside of Canada for which a licensee in Canada cannot provide the necessary service.
Warranty work
Assume that a warranty covers equipment installation, inspection, or repair. The manufacturer has also already appointed qualified workers under the warranty. Then, no recruitment or advertising is necessary.
For a position on board a foreign vessel engaged in coasting trade within Canadian waters, advertising might not be required. This is if the work duration is 30 days or less and no prior requests for an LMIA have been made. In addition, a labour organization has issued a letter of concurrence that qualified Canadians or permanent residents are not available for the position. They must also provide a justification and, where possible, supporting documentation.
Certificate of Selection From Quebec
When assessing the LMIA application, if Service Canada may decide that the National Occupational Classification (NOC) code used for the job offer and the position description match the NOC code found on the CSQ. Then employers will be exempted from the recruitment and advertising requirements.
The Following Positions Have An Additional Advertisement And Hiring Requirement For Lmia Applications
Air pilots, flight engineers and flying instructors (NOC 2271)
In addition to the minimum advertising requirements outlined above, there are certain requirements that employers are required to include in their job advertisements. A First Officer must have a minimum of 4,000 flight hours, and a Captain must have a maximum of 5,000 hours of experience. The candidate must possess a current commercial pilot’s license. They must have proficiency in English and/or French. They must mention industry-standard medical testing requirements for commercial flights. They must state both the legal and common names of the airline functioning in Canada. They must specify the minimum advertisement requirements outlined above. They must not specify when training bonds will be applied, and they must cover a minimum of two years of employment.
Camp Counsellors in Ontario
It is necessary for an employer to demonstrate that they made an effort to hire Canadian campers who are from the previous year. They must make a written commitment. They must also conduct spring recruitment drives in post-secondary institutions and high schools.
Employer Associations
Employer groups that are typically from the same sector can cooperate to further the interests of all participating businesses. Such an organization may be permitted to promote its members in advertisements. In that case, you’ll also need to submit a completed Appointment of Representative form and a report on your recruitment efforts. The salary range for each position and location must be included in the advertisement. This is if an association posts job openings for more than one position.
Maritime Sector – Coasting Trade
Assume that an employer does not qualify for the exemption or waiver of advertising and recruitment. Then, a letter or email of concurrence must be given from the maritime labour organization. It must state that there are or are not qualified Canadians or permanent residents available for the position. It must also mention that the employer meets all High-wage or Low-wage stream recruitment and advertising requirements.
If you have any further questions about LMIA advertising and its exceptions and rules, feel free to contact the best immigration Services in Surrey, BC.
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