LMIA Work Permits for U.S. Citizens: Step-by-Step Guide
A&M Canadian Immigration Law Corporation
LMIA Work Permits for U.S. Citizens: Step-by-Step Guide
When no LMIA-exempt category applies (such as CUSMA, ICT, GATS, or GMC), a U.S. citizen can still legally work in Canada through the Labour Market Impact Assessment (LMIA) pathway. While this process is longer and more complex, it remains one of the most widely used options for foreign workers across all industries.
What is an LMIA?
The Labour Market Impact Assessment (LMIA) is a formal document issued by Employment and Social Development Canada (ESDC). It confirms that hiring a foreign worker will not harm Canadian workers by:
- Showing there is a genuine need for a foreign worker in a specific position.
- Proving that no qualified Canadian citizens or permanent residents are available to fill the job.
A positive LMIA is essentially an employer’s authorization to hire a foreign worker. Once issued, the U.S. citizen can then apply for a Canadian work permit.
LMIA Process for Employers
Canadian employers play the most important role in the LMIA process. Their responsibilities include:
- Job Advertisement and Recruitment
- Employers must advertise the position for at least four weeks on multiple platforms (including the Government of Canada’s Job Bank and at least two additional recruitment methods).
- They must actively try to hire Canadians or permanent residents before turning to foreign workers.
- Application to ESDC
- Employers submit a detailed LMIA application to ESDC.
- This includes proof of recruitment efforts, job description, wages offered, and an explanation of why no Canadian worker was hired.
- Review by ESDC
- ESDC assesses whether hiring a foreign worker is justified.
- Factors considered: wages offered (high-wage vs. low-wage stream), regional labour market conditions, and whether the job supports Canadian economic growth.
- Issuance of LMIA
- If approved, the employer receives a positive LMIA letter.
- This letter must be sent to the U.S. citizen, who will use it when applying for their work permit.
LMIA Work Permit Application Steps (for U.S. Citizens)
Once the employer has secured a positive LMIA, the U.S. citizen can proceed with their work permit application.
- Receive a Valid Job Offer
- The Canadian employer must provide a formal job offer letter outlining job duties, wages, location, and duration of employment.
- Employer Applies for LMIA
- Employer completes the LMIA process described above and provides the worker with the approval letter once issued.
- Apply for a Work Permit
- U.S. citizens can apply online through Immigration, Refugees and Citizenship Canada (IRCC) or at a port of entry (land border or airport).
- Required documents include:
- Passport (valid for the duration of the job)
- Job offer letter
- Copy of positive LMIA approval letter
- Completed application forms and fees
- Processing and Biometrics
- Some applicants may need to provide biometrics (photo + fingerprints).
- Processing times vary but can take several weeks to months, depending on the job type and workload at visa offices.
- Work Permit Issuance and Arrival in Canada
- If approved, the U.S. citizen receives a work permit specifying their employer, role, and location.
- At the Canadian border or airport, immigration officers issue the physical work permit before entry.
Pros and Cons of LMIA Work Permits
Advantages
Open to All Occupations: Unlike CUSMA or GATS, there is no restricted list of professions. Even trades, general labour, and specialized roles qualify.
Pathway to Permanent Residency: LMIA-backed jobs can give U.S. citizens eligibility for programs like Express Entry or Provincial Nominee Programs (PNPs).
Employer Commitment: Demonstrates strong employer support, which can strengthen future immigration applications.
Disadvantages
Slower Processing: Employers must first secure the LMIA before the worker can apply, which can add months to the process.
Employer Costs: Application fees are high (currently CAD $1,000 per position), plus costs for mandatory advertising and recruitment.
Temporary by Nature: Work permits are tied to one employer and one job. To change employers, a new LMIA and permit application are usually required.
Special Considerations for U.S. Citizens
- At the Border: U.S. citizens often enjoy simplified entry procedures. With a positive LMIA and job offer in hand, many can apply directly at a port of entry (e.g., Canadian land border crossing).
- High-Wage vs. Low-Wage Jobs: ESDC divides LMIA applications into streams based on wages. High-wage jobs may allow longer permits, while low-wage positions may have caps on renewals.
- Transition to PR: Many U.S. citizens working on an LMIA-based permit use the experience to qualify for permanent residency through the Canadian Experience Class or PNPs.