Temporary Foreign Worker Employment Permit (TFWP), LMIA

TEMPORARY FOREIGN WORKER PERMIT – TFWP & LMIA

The Temporary Foreign Worker Program (TFWP) allows Canadian businesses to hire foreign workers on a temporary basis when there is a labor need and the program requirements are met. In most TFWP cases, the business must obtain a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada/Service Canada before the worker can apply for a work permit.

APPLICABLE ACROSS CANADA

This service is for businesses hiring workers in Canadian provinces and territories. Specific regulations depend on the work location, occupation, wage, and LMIA stream. Québec remains part of the TFWP but involves additional Québec-specific procedures in many cases.

HIGH-WAGE OR LOW-WAGE?

Employers must compare the offered wage against the hourly wage threshold currently in effect for the province or territory where the job is performed. If the wage is equal to or higher than the threshold, the application falls under the high-wage stream; if it is lower, it falls under the low-wage stream. Thresholds are updated periodically by the Government of Canada.

The offered wage must also meet the prevailing wage for the occupation and work location.

LOW-WAGE STREAM – IMPORTANT NOTICE FOR 2026

The low-wage stream currently has a limit on the proportion of foreign workers at each work location. The standard cap is 10%; some industries/occupations are subject to a 20% cap. Additionally, certain employers in rural areas within provinces/territories participating in temporary measures from April 1, 2026, to March 31, 2027, may be subject to specific regulations.

Some low-wage applications in Census Metropolitan Areas with an unemployment rate of 6% or higher may be refused processing by Service Canada, depending on the occupation and applicable exemptions.

HIGH-WAGE STREAM

High-wage positions usually require the employer to prepare a Transition Plan, outlining the plan to recruit, train, and retain Canadians or permanent residents to reduce reliance on the TFWP. The requested employment duration can be up to 3 years if consistent with the employer's reasonable needs.

BASIC EMPLOYER REQUIREMENTS

• The business and job offer must be legitimate and have a genuine need for labor.
• The position must meet the requirements of the corresponding LMIA stream.
• The employer must demonstrate the ability to fulfill commitments regarding wages and working conditions.
• The employer must comply with recruitment, advertising, and record-keeping requirements.
• The workplace must adhere to labor laws and requirements for protecting temporary foreign workers.

RECRUITMENT AND ADVERTISING

Before submitting an LMIA, employers are generally required to conduct recruitment efforts to find Canadian citizens and permanent residents. For the high-wage stream, requirements typically include the Job Bank and at least two additional recruitment methods appropriate for the occupation, unless other regulations or variations apply.

Employers must retain recruitment evidence for LMIA processing and compliance audits.

GENERAL PROCESS

1. Assess the business and recruitment needs.
2. Identify the appropriate NOC, work location, wage, and LMIA stream.
3. Check the prevailing wage and provincial/territorial wage threshold.
4. Conduct recruitment and advertising as required.
5. Prepare evidence of business legitimacy and the LMIA application.
6. Submit the application via LMIA Online and pay government fees if applicable.
7. Upon receiving a positive LMIA, the employer provides the necessary documents to the worker to facilitate their work permit application.

An LMIA can be submitted up to 6 months before the expected start date.

HIRING WORKERS IN QUÉBEC

Québec remains part of Canada’s Temporary Foreign Worker Program, but many applications require simultaneous procedures with Service Canada and the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI). Workers may require a Québec Acceptance Certificate (CAQ) before applying for a work permit, unless exempt.

Certain occupations in Québec may be eligible for facilitated LMIA processing. The list of occupations and requirements is updated periodically by Québec and should be checked at the time of application preparation.

AFTER RECEIVING A POSITIVE LMIA

A positive LMIA is not a work permit and does not guarantee that a worker will be granted one. The worker must submit a separate application to IRCC and demonstrate that they meet the job requirements as well as entry and work conditions for Canada.

EMPLOYER COMPLIANCE

Employers must fulfill all committed conditions, including occupation, wage, working conditions, and worker rights. Violations can lead to administrative monetary penalties, bans from using the program, and negative impacts on future LMIA applications.

KEYAPPLY SERVICES

• Assessment of the business and the position to be filled.
• Determination of NOC, wage, and LMIA stream.
• Support for the recruitment/advertising process.
• Preparation of business legitimacy and LMIA applications.
• Support for the employer during the Service Canada processing period.
• Coordination with an RCIC/lawyer for the worker's work permit application when needed.

LMIA service fees do not include government fees, advertising/recruitment costs, translation services, third-party expenses, or the worker’s individual work permit application, unless otherwise specified in the quote.

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