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LMIA explained: what it is and which Temporary Foreign Worker Program streams employers use

A Labour Market Impact Assessment (LMIA) is an assessment by Employment and Social Development Canada (ESDC) that an officer uses when deciding on an employer-specific work permit. The employer applies for it and pays the $1,000 fee per position. Workers cannot be charged for it or for recruitment. A positive LMIA does not by itself guarantee a work permit.

"LMIA" is one of the most searched terms in Canadian immigration, and it is also one of the most misunderstood. Many workers think an LMIA is a document they can buy, or a job they can apply for. It is neither. It is a step an employer takes before a worker applies for a work permit, and the law puts specific duties on the employer.

This guide explains what an LMIA is under the Immigration and Refugee Protection Regulations, lists the streams of the Temporary Foreign Worker Program (TFWP) that ESDC currently names, and sets out the rules on wages, recruitment and fees as ESDC states them. It is information for workers and employers alike. It does not say whether any job qualifies, whether an employer should apply, or whether a worker will be issued a permit.

All of it was read on 10 October 2026: ESDC's pages (dated between 22 September and 7 October 2026), IRCC's page on when an LMIA is needed (dated 23 April 2026) and sections 200 and 203 of the Regulations, which were current to 21 September 2026.

What an LMIA is in the law

The word "LMIA" is the common name for an assessment that section 203 of the Immigration and Refugee Protection Regulations calls an "assessment provided by the Department of Employment and Social Development". When a foreign national applies for a work permit that is tied to a job offer, the immigration officer must decide certain questions "on the basis of an assessment provided by" ESDC, together with information from the employer and other relevant information.

Under section 203(1) the questions include whether: - the job offer is genuine - the employment is likely to have a neutral or positive effect on the labour market in Canada - the permit would be consistent with any federal-provincial agreement that applies to the employers of foreign nationals - for live-in caregivers, specific conditions about the household, accommodation and the employer's finances are met - the employer has not, directly or indirectly, charged or recovered certain fees or recruitment fees from the worker, and has ensured that anyone who recruits for them has not either - the employer has made reasonable efforts to provide a workplace free of abuse, where that condition applies - the employer has committed to a written employment agreement with the worker, on the same occupation, wages and working conditions as the offer, in the worker's chosen official language, signed by both parties and given to the worker

That list is a summary, not the whole section. Section 203(3) adds factors ESDC must weigh on the labour market question, such as whether the job will create or keep jobs for citizens and permanent residents, whether it will transfer skills, whether it fills a labour shortage, whether working conditions meet generally accepted Canadian standards and whether the employer will hire or train Canadians and permanent residents.

Two further points matter. An assessment must state the period during which it is in effect (section 203(3.1)). And where the worker will work in Quebec, ESDC's assessment must be made "in concert with the competent authority of that Province" (section 203(4)).

Who applies and how it connects to the work permit

The employer applies for the LMIA. ESDC's page says it is aimed at employers who want to understand their responsibilities under the program and decide "which type of Labour Market Impact Assessment (LMIA) application you should submit". A worker cannot apply for one.

The work permit is a separate application to IRCC. Section 200(1)(c)(iii) of the Regulations lets an officer issue a work permit to a person who "has been offered employment" where the officer "has made a positive determination under paragraphs 203(1)(a) to (g)." In practice that means the worker's application relies on the employer's positive LMIA. The two steps have different decision makers, different timelines and different fees.

IRCC's page on when an LMIA is needed starts from this sentence: "Most employers need an LMIA before they can hire a temporary foreign worker." It also says: "You do not need an LMIA if the worker has an open work permit." And if an exemption applies, the employer can hire without an LMIA but "you must include the LMIA exemption code in your offer of employment." Exemptions are covered in the guide on LMIA-exempt work permits.

A positive LMIA is therefore a necessary step for many employer-specific permits, not a promise. Section 200(3) lists reasons an officer must not issue a permit even where other boxes are ticked, for example where there are reasonable grounds to believe the person cannot do the work, or the employer is ineligible or in default of a penalty.

The streams ESDC lists

ESDC's Temporary Foreign Worker Program page, dated 7 October 2026, names these streams or programs for employers: - High and low-wage positions - Primary agriculture positions - Applications to support permanent residency - Global Talent Stream - Caregiver positions - Foreign academic positions - Hiring in the province of Quebec - Recognized Employer Pilot

Each has its own page, requirements and, in some cases, its own processing standards. This guide goes into detail only on the ones where the pages were read: the high-wage and low-wage requirements page and the Global Talent Stream. For the others, ESDC's pages are the source, and the lists change.

A worker cannot choose a stream. The employer and the job decide it. If you are a worker, the useful question to ask an employer is which stream the position falls under and what the employer's offer says about wages, hours, location and duration.

High-wage and low-wage positions: what ESDC says employers must do

ESDC's requirements page, dated 22 September 2026, sets the main rules for these positions. They include: - The fee. "You must pay $1,000 for each position requested to cover the cost of processing your LMIA application." The page says the fee is not refunded if the application is withdrawn or cancelled, or if the LMIA is negative. - Who pays. The page says the fee cannot be paid by or recovered from temporary foreign workers. - Recruitment fees. Employers must ensure that they, and anyone recruiting for them, do not charge or recover recruitment fees, directly or indirectly. The page says failing to do so results in a negative LMIA decision. - Recruitment efforts. Employers must make reasonable efforts to hire or train Canadians and permanent residents first. The page sets minimum steps that include advertising on Job Bank for at least eight consecutive weeks within the three months before the application, targeting youth aged 15 to 30, and using at least two other recruitment methods aimed at underrepresented groups. Records must be kept for six years. - Wages. Employers must pay the prevailing wage, which the page defines as the highest of the Job Bank median wage or the wage range paid to current employees doing the same job at the same location with the same skills and experience. Only guaranteed wages count, and the prevailing wage must be reviewed annually. - Hours. The job must be full-time, meaning at least 30 hours per week. - Caps. The page describes a 10 per cent cap on the proportion of temporary foreign workers in low-wage positions at a work location, a 20 per cent cap for certain sectors and occupations, a separate calculation for employers with fewer than 10 employees at a location, and some positions with no cap.

These requirements describe the employer's side. They do not tell a worker whether a specific job meets them. If a job offer asks you to pay anything toward the LMIA or to a recruiter, the rules quoted above and section 203(1)(e) of the Regulations are the ones that matter, and the complaint routes are covered in IRCC and ESDC material rather than here.

The Global Talent Stream

ESDC's Global Talent Stream page, dated 5 October 2026, describes the stream as "designed for innovative firms in Canada that are referred to Service Canada by a designated referral partner." It also covers firms that need to fill an in-demand, highly skilled position on the global talent occupations list. The page points to separate requirements for its two categories, A and B, without defining them on the main page.

On timing, the page says the processing time for an LMIA is "10 business days (80% of the time)". For work permits it gives a similar service standard. It does not state a fee amount and says to pay the processing fee "if applicable". It also says the stream's processing fee will not be reimbursed if a job offer is cancelled.

A service standard is not a guarantee. It describes the share of applications ESDC aims to process within a target, and an individual application can take longer. Read the live page for current standards.

Fees, in one place

Several fees are involved, and they are paid by different people to different bodies. As at 21 September 2026 on IRCC's fee list, and on the ESDC page above: - ESDC LMIA processing fee: $1,000 per position requested, paid by the employer (ESDC page, 22 September 2026). - IRCC work permit fee: $155 per person, including extensions. - IRCC biometrics fee: $85 per individual. - IRCC employer compliance fee of $230, which applies to LMIA-exempt hiring and is covered in the guide on the International Mobility Program.

Do not read this as a total. Which fees apply depends on the stream, the worker's nationality, whether biometrics are needed and whether the worker is already in Canada. The guide on LMIA cost for employers sets out the employer side.

On the worker's side, the rule repeated across ESDC's page and the Regulations is that the employer cannot recover the LMIA fee or recruitment fees from the worker. Section 203(1)(e) and (g) make this a condition of a positive assessment.

Quebec and other limits

Quebec has its own role. Section 203(4) requires ESDC to make the assessment together with the competent authority in Quebec. Section 200(3)(b) also provides that an officer shall not issue a work permit to someone who intends to work in Quebec and does not hold a Certificat d'acceptation du Québec where a determination under section 203 is required and Quebec law requires the certificate. ESDC lists "Hiring in the province of Quebec" as its own stream page.

An LMIA is also not a job placement. ESDC's pages describe a process that employers use. They do not match workers with employers, and nothing in them promises a worker a job. Be careful of anyone who offers to sell an LMIA or a job offer. The Regulations make charging a worker for recruitment a ground for a negative assessment.

Finally, the rules change. ESDC's pages carry dates for a reason, so use the live pages, not an older copy.

Mistakes that cause trouble

  • Treating an LMIA as something a worker obtains. It is the employer's application.
  • Paying an agent or the employer for an LMIA or job offer. The fee is the employer's, and the Regulations tie recruitment charges to a negative assessment.
  • Assuming a positive LMIA means a permit. An officer still decides the work permit application.
  • Letting the assessment's validity period lapse before the work permit application. The period is stated on the assessment under section 203(3.1).
  • Mixing up the LMIA with an LMIA exemption code. The code is for the other route.
  • Using a stream name from an old guide. Read ESDC's current list.

Finding a regulated adviser

If you want a licensed immigration consultant or a lawyer to look at an LMIA or work permit question, use the Migratio directory to find a regulated adviser, and check their licence on the official register before you sign anything. Migratio is a directory and booking platform. It does not give immigration advice, does not choose a program for anyone and has no connection to IRCC or any province.

Questions people ask

What does LMIA stand for in Canada?

Labour Market Impact Assessment. ESDC provides the assessment on the employer's application, and an officer uses it when deciding an employer-specific work permit under section 203 of the Immigration and Refugee Protection Regulations.

Who applies for an LMIA, the employer or the worker?

The employer. ESDC's pages are written for employers, and the work permit is a separate application the worker makes to IRCC.

How much does an LMIA cost?

ESDC's requirements page, dated 22 September 2026, says $1,000 for each position requested. Check the live page for the current amount and any exceptions for a specific stream.

Can an employer charge me for an LMIA?

ESDC's page says the fee cannot be paid by or recovered from temporary foreign workers. Section 203(1)(e) of the Regulations also makes charging recruitment fees to the worker a reason the assessment cannot be positive.

What are the TFWP streams?

ESDC lists high and low-wage positions, primary agriculture, applications to support permanent residency, the Global Talent Stream, caregiver positions, foreign academic positions, hiring in Quebec and the Recognized Employer Pilot, as at its page dated 7 October 2026.

Does a positive LMIA guarantee a work permit?

No. The work permit is decided by an IRCC officer under section 200 of the Regulations, who relies on the assessment but also checks other requirements.

Sources

Last checked 2026-10-10.

Related guides

  • LMIA Cost: The $1,000 Fee and Why a Worker Cannot Be Charged — An employer applying for a Labour Market Impact Assessment (LMIA) pays $1,000 for each position requested. ESDC's page says the fee cannot be paid by, or recovered from, the temporary foreign worker, and a recruiter acting for the employer cannot recover it or recruitment costs from the worker either. It is not refunded if the application is withdrawn, cancelled or the LMIA is negative.
  • LMIA-exempt work permits: how the International Mobility Program works — The International Mobility Program lets employers hire temporary foreign workers without a Labour Market Impact Assessment. The legal basis is sections 204 and 205 of the Immigration and Refugee Protection Regulations. For most employer-specific permits the employer pays a $230 compliance fee, submits an offer of employment through the Employer Portal and gives the worker a 7-digit number.
  • IMM 1295, Application for a Work Permit Made Outside of Canada: what it asks and common mistakes — IMM 1295 is the form for a work permit applied for outside Canada, completed by each person who needs one. The IRCC fee list shows $155 per person, plus $100 for an open work permit holder and $85 for biometrics where required. A form completed on a computer must be validated to generate a barcode page, and the Background Information section must be fully answered or the application is returned.
  • Work Permit Refused in Canada: What Happens Next — There is no appeal from a work permit refusal. IRCC's two stated options are to apply again with new information or to seek judicial review in the Federal Court, which has a 15-day deadline for decisions made in Canada and 60 days for decisions made outside it. If you were in Canada, your right to keep working usually ends on the day of the decision.
  • Canadian Immigration Fees 2026: The IRCC List, Explained — The IRCC fee list (date modified 21 September 2026) sets the government fees for most applications: for example $100 for a visitor visa, $150 for a study permit, $155 for a work permit, $1,590 for an economic permanent residence application including the $600 right of permanent residence fee, and $653 for an adult citizenship application. Medical exams, language tests, police certificates and representative fees are not on it.
  • Maintained Status in Canada: Working and Studying While You Wait — If you apply to extend your stay before it expires and IRCC hasn't decided by the expiry date, IRPR s.183(5) extends your authorized stay until the day of the decision and you keep your status and conditions. You can keep working or studying only under the same conditions, you must stay in Canada, and the right ends on the day a refusal is made.