How Many LMIA Can Employer Get in a Year

How Many LMIA Can Employer Get in a Year

How Many LMIA Can Employer Get in a Year

Figuring out how many LMIA (Labor Market Impact Assessment) approvals an employer can get in a year isn’t as simple as picking a number. There are a bunch of rules, and they change based on job type, where your business is, and even how many people you employ. Some industries have more freedom, while others face strict caps—especially for low-wage jobs. If you’re an employer in Canada and wondering, “how many LMIA can an employer get in a year,” here’s what you should keep in mind before planning your hiring strategy.

Understanding LMIA Quotas for Canadian Employers

When it comes to hiring foreign workers in Canada, employers often wonder how many Labor Market Impact Assessments (LMIAs) they can get approved each year. The answer isn’t always easy—it really depends on a few things: the wage you’re offering, the region you’re based in, and the current labor market situation.

What Influences the Number of LMIAs an Employer Can Get

There’s no hard annual limit on LMIA applications for most employers. The number you can receive depends on your business’s needs, compliance history, and how many roles you truly need to fill. But:

  • Position wage level (high-wage or low-wage)
  • Your company size (especially if you have fewer than 10 employees in Canada)
  • The unemployment rate where your business is located
  • The specific job or sector you’re hiring for

All these make a difference in how your applications are viewed.

Distinctions Between High-Wage and Low-Wage Streams

Canada groups LMIA applications mainly by wage:

Stream Wage Offered Key Limitations
High-Wage At or above the provincial median Fewer restrictions, focus on genuine need
Low-Wage Below the median Subject to strict caps and extra checks

Low-wage positions come with stricter rules, such as hard caps on how many foreign workers you can bring in compared to your total Canadian staff. High-wage roles face less red tape, though you still need to show you can’t find a Canadian for the job.

Role of Regional Unemployment Rates in LMIA Approvals

Unemployment in your region also changes what you can do. If your region (especially a large city area) has a 6% unemployment rate or higher, your LMIA application for low-wage positions below the wage threshold might not even be processed. This means:

  • Even if you need workers, you might not get approval in high-unemployment areas
  • Certain job types or wage levels could be blocked entirely after updated regulations
  • You’ll have to look for Canadian or permanent resident workers first

If you’re thinking about LMIA applications, always check the latest unemployment numbers for your business’s location—these rules can shift suddenly, especially after government announcements.

So, while Canada doesn’t have a set maximum number of LMIAs per employer annually, several moving pieces—industry, location, job type, and wage—play big roles in how many you can practically get approved.

Limitations on Low-Wage LMIA Applications

When you’re an employer looking to fill jobs with foreign workers, low-wage LMIA applications come with extra rules. The government has set up limits so that Canadian citizens or permanent residents get the first shot at available positions. But the specifics can be surprisingly detailed, changing based on your industry or how many people you employ nationwide.

National and Sector-Specific Caps on Low-Wage LMIAs

For most businesses, low-wage positions have a strict cap related to your total workforce at a given location:

  • The standard rule is a 10% cap on temporary foreign workers (TFWs) in low-wage jobs at any worksite.
  • Certain sectors, however, are bumped up to a 20% cap—think construction, food manufacturing, hospitals, and residential care facilities. This gives these sectors a bit more room to hire from outside Canada when local labor is tight.

Here’s a simple breakdown:

Sector/Industry Cap on Low-Wage TFWs
Most Businesses 10%
Construction (NAICS 23) 20%
Food Manufacturing (NAICS 311) 20%
Hospitals (NAICS 622) 20%
Nursing/Residential Care (NAICS 623) 20%

Positions that involve only permanent residency applications, or certain short-term roles, may be exempt from caps entirely (see more details here).

Special Rules for Employers With Fewer Than 10 Employees

If your company has under 10 employees across Canada, things are even tighter:

  • In industries with a 10% cap, you’re limited to hiring just 1 low-wage TFW at a time.
  • In sectors with a 20% cap, you can have up to 2.
  • This count includes vacant positions you’re applying for, plus any previously approved LMIAs where the worker hasn’t started yet.

Consider these steps before applying:

  1. Tally your current staff and planned hires—even jobs approved but not filled.
  2. Check the industry cap that fits your business.
  3. Make sure your application matches these specific numbers, or it won’t be processed.

Keeping track of small details like headcounts and sector rules matters—messing up the math even a little could cost you valuable time if the government refuses to process your application.

Exceptions and Exemptions to the Low-Wage Cap

Some roles simply aren’t affected by the caps at all. Exemptions exist for:

  • Primary agriculture positions (for example, on-farm work, greenhouse roles)
  • Certain caregiving jobs in health care institutions, covering nurses, home health aides, and related roles
  • Seasonal jobs that are 270 days or less
  • Truly short-term or one-time event roles (typically under 120 days, but sometimes longer if justified)
  • Permanent residency-only positions (where no work permit is issued)

Employers who think their roles might fall into one of these categories should double-check, as exemptions can save a lot of red tape and waiting.

Despite the complicated rules, the aim is the same: prioritize Canadian workers for permanent jobs, while still letting businesses grow when no one local can be found. Going over the cap, even accidentally, means your LMIA won’t be processed—and you’re back at square one.

Industry and Job Role Exceptions to LMIA Caps

While most employers applying for Labor Market Impact Assessments (LMIAs) need to stay within the set caps—especially for low-wage positions—there are some important carve-outs based on industry and job type. Understanding these exceptions is key for employers hoping to hire more foreign workers for certain positions. Sometimes, the rules simply don’t apply as strictly, which can make the hiring process smoother for very specific roles and sectors.

On-Farm and Primary Agriculture Positions

Agricultural work is a huge exception. There isn’t a cap on the number of foreign workers an employer can bring in for on-farm, primary agriculture roles. This includes jobs like:

  • Farm laborers
  • Managers and supervisors on farms
  • Greenhouse and nursery workers

These positions, identified by certain NOC codes (e.g., 80020, 85100), aren’t subject to the low-wage LMIA cap. Agriculture is seen as vital, and it’s tough to find Canadians willing or able to fill seasonal or physically demanding spots, so the government lets employers bring in as many TFWs as needed.

If you’re running a farm or managing greenhouses, you can generally hire as many temporary foreign workers as it takes to keep your operation running—no 10% or 20% limits to worry about.

In-Home and Healthcare Caregiver Roles

Some caregiving work is also exempt from LMIA caps. The government recognizes how important and tough it is to find people willing to provide hands-on support, especially for vulnerable Canadians. Here are the main situations that qualify:

  • In-home caregivers, such as home childcare providers and personal support workers (under certain NOC codes like 44100)
  • Registered nurses and practical nurses (NOC 31301 & 32101) in hospitals or home care
  • Other attendants for people with disabilities (NOC 44101)

Instead of a strict limit per workplace, these roles may be exempt from the low-wage cap, particularly when hired by hospitals or in-home care agencies. The need in these sectors is high and not always met by local workers.

Seasonal and Short-Duration Job Exemptions

There are also exceptions for employers who need workers for only a short time or for jobs tied to events or projects that will end quickly. Common examples:

  • Positions lasting 120 days or less
  • Truly temporary or one-off event jobs (like fairs, festivals, or equipment repair gigs)
  • Highly mobile workforces (crews that move across provinces)

Service Canada looks at these cases individually and may extend exemptions past 120 days for one-time needs. The main point is these aren’t ongoing or recurring roles, so they don’t count toward the normal LMIA cap.

Summary Table: LMIA Cap Exemptions by Sector

Industry/Role Cap Applies? Notes
On-farm primary agriculture No Unlimited LMIAs per location
In-home/healthcare caregivers Usually No Applies to most caregiving NOC codes
Short-duration (≤120 days) temporary jobs No May be allowed longer in special cases
Seasonal low-wage (<270 days) No For seasonal industries
All other low-wage non-exempt roles Yes (10-20%) Subject to general LMIA caps
  • Short-term and farm jobs typically get priority recognition for cap exemptions.
  • Caregiver roles, both in facilities and private homes, are usually treated more leniently for LMIA numbers.
  • Seasonal work in certain sectors doesn’t face the same tough limits as year-round roles.

If your hiring needs match any of these criteria, you may not have to worry about hitting the LMIA cap. Always double-check with current LMIA rules, as government policies can shift.

Provincial Differences Affecting LMIA Limits

The number of LMIAs that an employer can receive in a year isn’t set in stone; it can look pretty different from province to province. Each region in Canada has its own wage rules and labor needs, and these have a big impact on how many Labor Market Impact Assessments (LMIAs) get approved. Here’s what that means if you’re hiring foreign workers in Canada.

How Wage Thresholds Are Determined by Province

Every province sets its own median wage threshold, and this number decides whether a job is “high-wage” or “low-wage.”

  • High-wage jobs are those that pay above the provincial median.
  • Low-wage jobs fall below the local median wage.
  • Some provinces update their thresholds annually, so a role classified as “high-wage” this year might shift next year if the median wage changes.

Below is a quick sample of median hourly wage thresholds in select provinces (2024):

Province Median Hourly Wage (2024)
Ontario $28.39
British Columbia $27.50
Quebec $26.00
Alberta $28.85

These wage benchmarks affect how the LMIA is reviewed and what limits might apply.

Impact of Provincial Labor Needs on LMIA Volumes

Provinces with worker shortages or booming sectors might see more LMIA approvals, especially for high-priority industries. Factors that influence this include:

  • Local unemployment rates (higher rates often mean more restrictions)
  • Industry demands (like health care or agriculture)
  • Provincial agreements or labor pilot programs (for example, special streams for rural jobs)

Some provinces will prioritize applications for jobs where there aren’t enough local candidates.

Special Processing Rules in Select Regions

Starting September 2024, the government is even tighter with LMIA rules in certain metropolitan areas:

  • No LMIA will be processed for jobs below the provincial wage threshold in cities where unemployment is at or above 6%.
  • Some sectors, like healthcare and food processing, face unique caps or get higher limits if they’re short-staffed.
  • Low-wage positions are capped at 10% or 20% of staff at a worksite, depending on industry and region.

Keep an eye on your local labor market stats if you’re planning to apply for multiple LMIAs—rules can shift fast and small details sometimes affect everything.

So, if you’re an employer, don’t skip a check-in with your region’s latest wage tables or labor outlooks before sending off your LMIA applications. It’s the difference between a smooth hire and having your application land in the “refused to process” pile.

LMIA Application and Approval Requirements

When it comes to hiring foreign workers in Canada, the LMIA (Labor Market Impact Assessment) process is a big deal for employers. Missing a small detail can mean delays, rejections, or worse, wasted time and money. So, let’s break down what’s actually needed for a successful LMIA application—and what happens if employers don’t follow the rules.

Document and Advertising Obligations for Employers

Before sending in an LMIA application, employers must prove they’ve done their homework. What does that mean? Basically, they need to show they genuinely tried to recruit Canadians or permanent residents for the job first. Here’s what’s typically required:

  • Copies of job ads posted in Canada (minimum three) across government job banks and trusted industry sites.
  • Details about where, when, and for how long each ad ran.
  • A summary of applicants: how many Canadians applied and explanations for why no local workers were picked.
  • Signed attestations confirming recruitment efforts were honest and fair.

If you skip any of these steps, expect delays or outright refusals. Service Canada is tough on checking if employers really made an effort to hire locally. For a full sense of the application sequence, note that the LMIA decision is considered final only when you get a decision letter from Service Canada.

Applying for LMIAs Without a Named Foreign Worker

Something a lot of folks don’t realize—you don’t have to already know exactly who you’re hiring when you send in your LMIA application. Employers can actually request what’s called an ‘unnamed LMIA.’

  • These unnamed LMIAs let you secure the paperwork in advance when you’re still searching for the right foreign worker.
  • As soon as you select someone, you have to submit their name and information. If you forget, or miss the LMIA expiry date, the whole process is toast and you have to start over.
  • Keep recruiting Canadians right up until a foreign worker is officially named to satisfy all the requirements.

You can plan ahead and avoid last-minute panic by applying for an LMIA early—even if the perfect candidate isn’t locked in yet.

Consequences of Exceeding LMIA Caps

Not every employer can hire as many foreign workers as they want, especially in low-wage positions. Go over the allowed number of LMIAs and you’ll hit some real trouble:

  • New LMIA applications above the allowed quota are automatically denied.
  • Penalties may include being blacklisted from the Temporary Foreign Worker Program or facing future application scrutiny.
  • Repeat offenses could mean public disclosure of non-compliant companies—so it’s not just internal headaches but also public image at stake.

LMIA Application Checklist Table

Requirement Needed For Approval?
At least 3 job advertisements Yes
Complete applicant summaries Yes
Signed employer declaration Yes
Proof of wages/working conditions Sometimes
Worker’s details (if named) Only if known

It might seem like a mountain of red tape, but paying close attention to each requirement really pays off. Missing even one document or deadline can set you back months, so keep this checklist handy when you’re preparing your LMIA application.

Costs, Fees, and Fee Exemptions for LMIA Applications

Canadian employer and employees meeting in modern office

Cost Per Position and Fee Payment Options

When you apply for a Labor Market Impact Assessment (LMIA), the upfront cost per position is $1,000, and this charge applies to every job you want to fill with a temporary foreign worker. So, if you have more than one position, just multiply by the number of jobs—that’s what you’ll owe.

Employers need to pay this fee no matter what happens with the application. Even if it’s refused, canceled, or withdrawn, there’s no refund. The fee has to be paid by the employer—never by the foreign worker, and you can’t deduct it from their wages either.

Here’s a look at the key payment methods:

Payment Method Notes
Visa Payable directly to the Receiver General for Canada
MasterCard Accepted
American Express Accepted
Certified Check Must be to the Receiver General for Canada
Money Order Must be to the Receiver General for Canada
Bank Draft Must be to the Receiver General for Canada

Recently, a pilot project lets you pay LMIA fees for six or more positions using online banking from most Canadian banks. If you qualify, the government will reach out by email with all the next steps—don’t send funds until you get specific payment instructions.

Plan your application ahead and keep those payment confirmations—delays and mix-ups over fee payments are more common than you’d think.

Qualifying for Processing Fee Exemptions

There are a few cases where you don’t have to pay the $1,000 LMIA processing fee. Here’s when you can get a waiver:

  • If you’re hiring a live-in caregiver for someone with a serious medical condition and you can provide a medical certificate showing the person needs help.
  • If your family’s gross annual income is $150,000 or less and you’re hiring someone to look after a kid under 13 in your home.
  • If you’re hiring for on-farm primary agricultural jobs. These include farm laborers, livestock workers, harvesters, nursery and greenhouse staff, farm supervisors, and managers (for specific NOC codes: 80020, 80021, 82030, 82031, 84120, 85100, 85101, 85103).

Just so you know, exemptions are strict, and you need the right paperwork to prove you fit their criteria.

Third-Party and Recruitment Costs Explained

When it comes to recruiting foreign workers, it’s not just about the government fee:

  • You might pay professional or agency fees if you use a third-party recruiter or lawyer.
  • There could be costs for job postings, ads, and hiring platforms to meet the required advertising steps.
  • Some provinces needs you to formally register recruiters or pay additional fees when using certain recruitment services.

You can’t make the worker pay these recruitment fees—not even secretly. If you do, it could mean serious trouble and future applications could be denied or delayed.

The costs do add up quickly. Budget for everything upfront so you’re not caught off guard in the middle of the process.

Duration and Validity of Approved LMIAs

How many LMIAs can an employer get in a year? There is no strict limit on the total number of LMIAs an employer can apply for in a year. However, there are caps for certain types of jobs, especially low-wage positions. Most employers can only fill up to 10% of their workforce with low-wage foreign workers, but some industries have a 20% cap. There are also exceptions for jobs in agriculture, caregiving, and certain seasonal roles. What is the difference between high-wage and low-wage LMIA streams? High-wage LMIAs are for jobs that pay above the average wage in the province or territory, while low-wage LMIAs are for jobs that pay below that amount. The rules and limits are stricter for low-wage LMIAs to make sure Canadian workers get first chance at these jobs. Are there any jobs that don’t count toward LMIA caps? Yes, some jobs are not affected by the LMIA caps. These include most on-farm agriculture roles, certain healthcare and caregiver positions, and jobs that are truly temporary or seasonal, like those lasting less than 120 days or up to 270 days in some industries. Do all provinces have the same LMIA rules? No, each province can have different wage thresholds and rules for LMIAs, depending on local job markets and labor needs. Some regions with higher unemployment may have stricter limits, while others may process LMIAs faster if there is a shortage of workers. How much does it cost to apply for an LMIA? The standard fee for an LMIA application is $1,000 per position. Some employers, like those hiring caregivers for medical or childcare needs under certain income levels, or those hiring for agriculture jobs, may not have to pay this fee. How long is an LMIA valid for and what happens after approval? Most LMIAs are valid for up to 18 months, but starting September 2024, low-wage LMIAs will only be valid for 1 year. After getting a positive LMIA, the employer must give the confirmation letter to the foreign worker, who then uses it to apply for a work permit. If the LMIA expires before the worker applies, the employer will need to start the process again.

The length of time an LMIA remains useful for both employers and workers can make or break hiring plans. Knowing how long your LMIA is valid is just as important as getting the approval in the first place. If you let the LMIA period run out before your foreign worker gets their work permit, you’ll have to start over, which means extra paperwork, more fees, and more waiting.

Typical Validity Periods by Job Stream

Job Stream Usual LMIA Validity Recent Changes
High-Wage 18 months No major changes
Low-Wage 12 months (as of Sept 2024) Reduced from 24 months
Seasonal Agricultural Worker Varies by program Typically aligned with harvest
Permanent Residency (support LMIA) 18 months Standard
  • LMIAs can’t be extended if a job takes longer than planned. You’ll have to apply for a new one if you need more time. According to official guidelines, each LMIA approval is tied to a specific period and must be renewed to extend employment.
  • In most cases, the clock starts ticking the day you get the LMIA approval letter—not the day the worker starts.

Recent Changes Affecting Low-Wage LMIAs

Starting September 26, 2024, low-wage LMIA approvals will last a maximum of one year. This is down from the previous two-year maximum, so employers must plan for shorter job terms in this stream. This change is meant to make sure Canadian workers still get first shot at local jobs.

  • Applies only to new low-wage LMIA applications as of the new date.
  • If you received approval before this, your LMIA might still be valid up to 24 months, depending on your specific case.
  • Other LMIA streams (high-wage, residential care, agriculture) stick with their usual rules unless notified otherwise.

It’s a good idea to double-check each LMIA letter for the expiry date—missing it means extra costs and wait times that nobody wants.

Steps to Take After Receiving a Positive LMIA

Getting that positive LMIA outcome feels like a win, but it’s not the final step. Here’s what needs to happen next:

  1. Hand the official LMIA confirmation documentation to your chosen foreign worker right away.
  2. Ensure the worker applies for their work permit as soon as possible, matching the details in your approved LMIA.
  3. Track the deadline carefully—remind your worker to finish their side of the process before your LMIA expires.
  4. Settle any remaining recruitment or processing fees, if any are due at this stage.

If you run out of time, you’ll need to restart from scratch, including all application costs and advertising steps.

In summary, LMIA validity isn’t just about a date in the future—it’s a key piece of the hiring puzzle that controls how quickly you need to move and when you’ll need to start planning for renewal.

Conclusion

So, to wrap it all up, there isn’t a simple number for how many LMIAs an employer can get in a year. It really depends on the type of job, the wage level, the size of the company, and even where the business is located. Some employers might be able to apply for several LMIAs if they meet all the rules, while others could be limited—especially if they’re hiring for low-wage positions or are in a region with high unemployment. There are also special rules for small businesses and certain industries. The best thing to do is to check the latest government guidelines and make sure you’re following all the steps, like advertising jobs to Canadians first. If you’re unsure, reaching out to an expert or Service Canada can help clear things up. The LMIA process can feel like a lot, but with a bit of patience and planning, it’s definitely manageable.

Frequently Asked Questions

How many LMIAs can an employer get in a year?

There is no strict limit on the total number of LMIAs an employer can apply for in a year. However, there are caps for certain types of jobs, especially low-wage positions. Most employers can only fill up to 10% of their workforce with low-wage foreign workers, but some industries have a 20% cap. There are also exceptions for jobs in agriculture, caregiving, and certain seasonal roles.

What is the difference between high-wage and low-wage LMIA streams?

High-wage LMIAs are for jobs that pay above the average wage in the province or territory, while low-wage LMIAs are for jobs that pay below that amount. The rules and limits are stricter for low-wage LMIAs to make sure Canadian workers get first chance at these jobs.

Are there any jobs that don’t count toward LMIA caps?

Yes, some jobs are not affected by the LMIA caps. These include most on-farm agriculture roles, certain healthcare and caregiver positions, and jobs that are truly temporary or seasonal, like those lasting less than 120 days or up to 270 days in some industries.

Do all provinces have the same LMIA rules?

No, each province can have different wage thresholds and rules for LMIAs, depending on local job markets and labor needs. Some regions with higher unemployment may have stricter limits, while others may process LMIAs faster if there is a shortage of workers.

How much does it cost to apply for an LMIA?

The standard fee for an LMIA application is $1,000 per position. Some employers, like those hiring caregivers for medical or childcare needs under certain income levels, or those hiring for agriculture jobs, may not have to pay this fee.

How long is an LMIA valid for and what happens after approval?

Most LMIAs are valid for up to 18 months, but starting September 2024, low-wage LMIAs will only be valid for 1 year. After getting a positive LMIA, the employer must give the confirmation letter to the foreign worker, who then uses it to apply for a work permit. If the LMIA expires before the worker applies, the employer will need to start the process again.

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