Most employers need an LMIA before they can hire a temporary foreign worker. The LMIA is assessed by ESDC (through Service Canada) under the Temporary Foreign Worker Program (TFWP). The work permit itself is then decided by IRCC, and, at the border, by the Canada Border Services Agency. This guide follows that order: first the employer's stream and obligations, then the worker's application.
Two decisions, two departments
- Check whether an LMIA is neededThe employer reviews IRCC's LMIA exemption codes and work permit exemptions. If the worker already holds an open work permit, or an exemption truly fits the job, no LMIA is needed.
- Employer applies to ESDCIf no exemption applies, the employer advertises the job, chooses the correct stream, pays the processing fee and applies for an LMIA.
- Employer gives the worker the decisionAfter a positive LMIA, the employer gives each worker a copy of the decision letter and its Annex A, plus a job offer and employment contract. In Québec the employer must also obtain a Québec Acceptance Certificate (CAQ); for a Québec job lasting more than 30 consecutive days, the LMIA application goes to Service Canada and to Québec's immigration ministry (MIFI) at the same time.
- Worker applies to IRCCThe worker applies for an employer-specific work permit with the LMIA documents. A positive LMIA does not guarantee the permit.
The Temporary Foreign Worker Program streams
| Stream | Used for | Key points |
|---|---|---|
| High-wage positions | Wage at or above the provincial or territorial threshold | Recruitment, prevailing wage, transition plan; employment of up to 3 years may be requested |
| Low-wage positions | Wage below the threshold | Refusal to process in high-unemployment cities, workforce cap, stricter advertising, transport, housing and insurance; up to 1 year |
| Global Talent Stream | Innovative firms referred by a designated partner (Category A) or listed in-demand occupations (Category B) | Labour Market Benefits Plan; ESDC service standard of 10 business days |
| Primary agriculture | On-farm work in listed NOC codes | Seasonal Agricultural Worker Program (Mexico and participating Caribbean countries), agricultural stream (any country), or the wage-based streams for commodities not on the national list |
| Caregiver positions | Full-time (30+ hours) care in a private household: NOC 44100 for children; NOC 31301, 32101 or 44101 for people with high medical needs | High-wage or low-wage rules apply; low-wage LMIAs up to 1 year, high-wage up to 3 years |
| Foreign academics | Positions at degree-granting post-secondary institutions | Academic-specific recruitment rules |
| Supporting permanent residence | An LMIA to support a worker's permanent residence application | A permanent-residence-only LMIA has no processing fee and is exempt from the low-wage cap and refusal rule; a dual-intent LMIA pays the regular fee |
| Recognized Employer Pilot | Employers already enrolled | New applications to join closed on September 16, 2024; enrolled employers can still use simplified LMIA requests for listed occupations |
High-wage or low-wage: the threshold decides
ESDC compares the wage on the LMIA application with the provincial or territorial threshold, which is the median hourly wage plus 20%. At or above the threshold, the high-wage stream applies; below it, the low-wage stream applies. The offered wage must also be at least the prevailing wage for the occupation and area. Raising a wage only to change streams can lead to a negative decision.
| Province or territory | LMIAs received from July 17, 2026 |
|---|---|
| Ontario | $36.92 |
| Alberta | $37.50 |
| British Columbia | $38.40 |
| Manitoba | $31.33 |
| New Brunswick | $31.73 |
| Newfoundland and Labrador | $33.60 |
| Nova Scotia | $31.96 |
| Prince Edward Island | $31.20 |
| Québec | $36.00 |
| Saskatchewan | $34.62 |
| Northwest Territories | $48.00 |
| Nunavut | $45.00 |
| Yukon | $45.60 |
The prevailing wage is the higher of the Job Bank median wage for the occupation and area or the wage the employer pays its current staff in the same job. Only guaranteed wages count; overtime, tips and bonuses do not.
Low-wage positions: the tightest rules
Refusal to process
ESDC does not process low-wage LMIAs for jobs in a census metropolitan area with unemployment of 6% or more. For October 9, 2026 to January 7, 2027, 30 areas are affected, including Toronto, Ottawa-Gatineau, Hamilton, Oshawa, Kitchener-Cambridge-Waterloo, London, Windsor, Barrie, Montréal, Calgary, Edmonton and Vancouver. The list is updated every three months.
Exempt sectors
Primary agriculture, construction, food manufacturing, hospitals, nursing and residential care, certain in-home caregiver positions (in Québec census metropolitan areas these need a physician's note), permanent-residence-only LMIAs and genuinely short positions of about 120 days or less (with a written exemption request).
Workforce cap
Low-wage temporary foreign workers may be at most 10% of the workforce at a work location, or 20% in construction, food manufacturing, hospitals, nursing and residential care and certain caregiver positions. Since August 18, 2026, a location with fewer than 10 employees is counted as 10, allowing one worker (two under the 20% cap); part-time employees under 30 hours count as 0.5. The cap does not apply to on-farm primary agriculture, certain health care institution caregiving, permanent-residence-only LMIAs, positions of 120 calendar days or less and seasonal positions of 270 days or less.
Duration
Low-wage positions are approved for a maximum of 1 year.
Advertising
Job Bank plus targeted youth outreach and at least two other methods, each aimed at a different under-represented group. The ad must run at least 8 consecutive weeks within the 3 months before applying, and recruitment must continue until the decision.
Employer costs
Round-trip transportation, suitable and affordable housing (shelter under 30% of before-tax income), private emergency health insurance until provincial coverage starts, and workplace safety coverage. None of these costs can be recovered from the worker.
Separately, until December 31, 2026, ESDC is not processing low-wage LMIAs for jobs in the Montréal and Laval economic regions, with listed exceptions (for example crop and animal production, construction, food and beverage manufacturing, schools, health care and, since January 9, 2026, child daycare); no processing fee is charged for applications that are not processed. From April 1, 2026 to March 31, 2027, employers outside census metropolitan areas in participating provinces and territories may keep their current share of low-wage workers above the cap or use a 15% cap. Participating so far: Manitoba, New Brunswick, Newfoundland and Labrador, the Northwest Territories and Nova Scotia (both measures), and British Columbia and Québec (keeping the current share only). Ontario, Alberta and Nunavut are not participating; Prince Edward Island, Saskatchewan and Yukon are still to be determined. Dual-intent LMIAs are excluded.
High-wage positions
- RecruitmentAt least three activities: a Job Bank ad plus two other methods suited to the occupation, one of them national. The ad must run for at least 4 consecutive weeks within the 3 months before applying, and one activity must continue until the decision. Invite matched Job Bank candidates rated 4 stars or more within the first 30 days.
- Transition planA plan describing how the employer will recruit, retain and train Canadians and permanent residents. If the employer filed one before for the same job and location, it must report on the results.
- Full-time job and agreementAt least 30 hours a week, a genuine employer-employee relationship (not an independent contractor arrangement) and a signed employment agreement in English or French by the first day of work.
- DurationEmployers may request an employment period of up to 3 years that matches their reasonable needs; longer periods are possible only in exceptional cases.
Processing fee and records
$1,000 per position
The LMIA processing fee is not refunded if the LMIA is negative, withdrawn or cancelled. Certain caregiver and on-farm primary agriculture positions are exempt, and permanent-residence-only LMIAs have no fee.
Never charged to the worker
The fee cannot be paid by or recovered from the temporary foreign worker. A worker asked to pay for an LMIA or a job should report it.
Six years of records
Employers must keep recruitment and employment records for at least six years and may be inspected.
Business legitimacy
Since October 28, 2024, ESDC no longer accepts a letter from an accountant or lawyer alone as proof that a business is legitimate.
Timing, validity and provincial registration
- An LMIA application can be submitted up to 6 months before the expected start date, through LMIA Online.
- Check the validity date on the decision letter. For the Global Talent Stream, ESDC says a positive LMIA is valid for up to 6 months after it is issued.
- Employers in British Columbia, Manitoba, Saskatchewan and Nova Scotia generally need a provincial employer registration certificate (or proof of exemption) before applying; without it the application is incomplete.
- Changing from one stream to another means withdrawing and reapplying. The processing fee is neither refunded nor transferred.
A caution on caregivers hired from abroad
The worker's side: qualifying for the permit
- Meet the job requirementsProve the education, experience, language and licences the job in the LMIA requires. Officers assess whether the job offer is genuine and whether you can perform the work; IRCC updated its instructions on job-offer genuineness in September 2026.
- Meet the general requirementsShow funds, satisfy the officer you will leave when authorized stay ends, and be admissible (no medical, criminal, security or misrepresentation issues).
- Medical exam if neededRequired for jobs where public health must be protected (health care, schools, child care, in-home caregiving, some agricultural work) and for stays over 6 months after 6 months or more in a designated country in the past year.
- Family membersA spouse or child needs their own application. Since January 21, 2025, a spouse of a worker in TEER 4 or 5 who is not on a permanent residence pathway cannot get a new open work permit.
Where the worker can apply
| Where | Who | Notes |
|---|---|---|
| Outside Canada | Most workers | Online with IMM 1295. Approval gives a port of entry letter; the permit is issued at the border. |
| Inside Canada | People who already hold a valid work or study permit, and other listed groups | Online with IMM 5710. Visitors generally cannot apply from inside Canada since August 28, 2024. |
| Port of entry | Visa-exempt travellers only | Must carry the positive LMIA. Not available to visa-required nationals (including Iranian citizens) or to Seasonal Agricultural Worker Program applicants. |
Documents for an LMIA-based application
- Application formIMM 1295 from outside Canada, or IMM 5710 inside Canada, with the personalized checklist.
- IdentityPassport copy, photo, proof of status in your country of residence if you are not a citizen there, family documents where requested and certified translations.
- LMIA documentsA copy of the positive LMIA and its file number, the job offer letter and the employment contract, consistent with the LMIA's wage, duties and location.
- Proof you fit the jobA letter from your current employer, reference letters, proof of past work, proof you meet the job requirements, and a résumé.
- Québec jobsA CAQ for a paid job in Québec of more than 30 days, unless an exemption applies.
After the permit is issued
Work only for the employer, in the occupation and location printed on the permit. If you want to change employers you need a new permit (and the new employer usually needs a new LMIA), although you may ask IRCC for interim authorization once you have applied. Renew before expiry; if your employer's new LMIA is still pending when your permit is about to expire, see the extension guide for the concurrent-processing option.
LMIAs and Express Entry
Since March 25, 2025, job offers no longer earn Comprehensive Ranking System (CRS) points. IRCC has announced that, from November 3, 2026, job-offer points return only for high-wage occupations under a new Labour Market Integration factor (50 to 100 points depending on the occupation's wage level), and an LMIA will no longer be needed for a job offer to count; having an LMIA will give no extra points. This change is announced and takes effect on November 3, 2026. See the Express Entry guide.
Frequently asked questions
Can I pay my employer for the LMIA?
No. The $1,000 processing fee cannot be paid by or recovered from the worker. Being charged for a job or an LMIA is a reason to report the employer.
My job is in Toronto and pays less than $36.92 an hour. Can my employer get an LMIA?
For October 9, 2026 to January 7, 2027, ESDC is not processing low-wage LMIAs in the Toronto area, unless the job is in an exempt sector (for example construction, hospitals or primary agriculture) or the LMIA supports permanent residence only.
How long is an LMIA-based work permit valid?
IRCC sets the permit's validity, and it cannot go past your passport's expiry date. On the employer side, ESDC approves low-wage positions for up to 1 year, and high-wage employers may request up to 3 years.
Does a positive LMIA help my permanent residence application?
For Express Entry, an LMIA gives no CRS points today, and from November 3, 2026 it will not be needed for a job offer to count. Provincial programs have their own job-offer rules.
Official sources
- ESDC: Hire a temporary foreign worker (TFWP)
- ESDC: High-wage and low-wage thresholds
- ESDC: Program requirements for low-wage positions
- ESDC: Low-wage positions
- ESDC: Program requirements for high-wage positions
- ESDC: High-wage positions
- ESDC: Refusal to process low-wage LMIAs
- ESDC: Temporary measures for rural employers
- ESDC: Global Talent Stream
- ESDC: Primary agriculture
- ESDC: Hire a caregiver
- ESDC: Hiring in-home caregivers from overseas
- ESDC: LMIAs to support permanent residence
- ESDC: Hiring in Quebec
- ESDC: Recognized Employer Pilot
- IRCC: Committee briefing on temporary foreign workers (March 2026)
- IRCC: Find out if you need an LMIA
- IRCC: Employer-specific work permits
- IRCC: Forms and documents (outside Canada)
- IRCC: Who can apply at a port of entry
- IRCC: Updated instructions on genuine job offers (September 2026)
- IRCC: Express Entry changes
This page is general information about Canadian immigration law and policy as of the date above. It is not legal advice for your situation. Programs, forms and fees change often; check the official sources before you apply.