LMIA recruitment rules toughened up

Employers seeking temporary foreign workers have new hoops to jump through after the federal government beefed up the requirements for a positive Labour Market Impact Assessment (LMIA), says Toronto immigration lawyer Robin Seligman.

Workers hired via the Temporary Foreign Workers Program must first obtain a positive LMIA, which shows that no Canadian citizens or permanent residents are already qualified and willing to fill the vacancy.

Part of the process for getting an LMIA involves advertising the position, and from Aug. 28, employers are required to post a notice on the Government of Canada’s Job Bank and to use a matching service that pairs candidates with suitable positions listed on the site.

“It’s going to mean extra work for employers and their lawyers because they will have to check the system to see if there are any matches,” Seligman, principal at immigration law boutique Seligman Professional Corporation, tells AdvocateDaily.com.

The new LMIA rules require employers to conduct at least three different forms of recruitment activity when looking to fill high-wage occupations. In addition to posting the job on the federal Job Bank, applicants must make two more suitable attempts at recruitment, including posting on a provincial or territorial job board, if one exists in their jurisdiction.

“One of the methods used must be national in scope, and easily accessed by residents of any province or territory in Canada, as people in high-wage positions are often mobile and willing to relocate for work,” says a statement from Employment and Social Development Canada

For LMIA applicants, the federal government now also mandates the use of its Job Match program, a system which allows employers to see anonymous Job Bank profiles that correspond with the skills and requirements outlined in employment postings.

Each match gets a star rating between one and five, with a maximum score indicating the highest level of compatibility between the job description and the employment seeker.

For employers attempting to fill low-wage positions, the new LMIA rules require them to invite any person who scores a rating of two stars or more within 30 days of the posting to apply for the job.

Those recruiting high-wage positions meanwhile, must invite any jobseeker on the system with a score of four stars or more to apply.

Since the Job Bank accepts profiles from foreign nationals seeking to immigrate to Canada, Seligman says there’s a possibility employers will end up inviting non-citizens or permanent residents to apply for their position. As a result, she says the LMIA recruitment process may have to include a screening mechanism to avoid unnecessary invitations to apply.