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Program requirements for high-wage positions

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As an employer, you must comply with all the Temporary Foreign Worker Program (TFW Program) requirements for the position you're requesting. Learn about employer compliance and the possible consequences of non-compliance.

You must also ensure that the employment you want to offer to a temporary foreign worker is for a full-time position, which means that it has to be for a minimum of 30 hours of work per week.

Prioritized occupations

The program prioritizes certain occupations that are considered essential. The listed occupations have been prioritized across all provinces and territories, except in Quebec. For a list of occupations specific to Quebec, refer to Hiring in the province of Quebec.

Any refusal to process supersedes prioritization.

List of prioritized occupations
  • 31100 – Specialists in clinical and laboratory medicine
  • 31101 – Specialists in surgery
  • 31102 – General practitioners and family physicians
  • 31120 – Pharmacists
  • 31301 – Registered nurses and registered psychiatric nurses
  • 31302 – Nurse practitioners
  • 31303 – Physician assistants, midwives and allied health professionals
  • 32101 – Licensed practical nurses
  • 32103 – Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
  • 32109 – Other technical occupations in therapy and assessment
  • 32120 – Medical laboratory technologists
  • 32124 – Pharmacy technicians
  • 32129 – Other medical technologists and technicians
  • 33101 – Medical laboratory technicians and pathologists' assistants
  • 33103 – Pharmacy technical assistants and pharmacy assistants
  • 33102 – Nurse aides, orderlies and patient service associates
  • 33109 – Other assisting occupations in support of health services
  • 63201 – Butchers – Retail and wholesale
  • 65202 – Meat cutters and fishmongers – Retail and wholesale
  • 65310 – Light-duty cleaners
  • 82030 – Agricultural service contractors and farm supervisors
  • 84120 – Specialized livestock workers and farm machinery operators
  • 85100 – Livestock labourers
  • 85101 – Harvesting labourers
  • 85103 – Nursery and greenhouse labourers
  • 94141 – Industrial butchers and meat cutters, poultry preparers and related workers
  • 94142 – Fish and seafood plant workers
  • 95106 – Labourers in food and beverage processing
  • 95107 – Labourers in fish and seafood processing

Employers New: September 18, 2026

An employer is the entity that hires the temporary foreign worker, sets their working conditions and directly pays them. An entity can be:

When assessing a Labour Market Impact Assessment (LMIA) application, Service Canada determines whether the applicant is the employer by considering factors such as:

Employer-employee relationship

An employer-employee relationship exists when an employer hires a worker, directs their duties and pays them for their work. The employer must make an offer of employment and provide employment for a specified period of time to the temporary foreign workers who will provide labour in return for compensation.

This relationship is further confirmed in the employment agreement that's signed by both parties on or before the first day of work.

This relationship helps ensure that:

Note: Staffing or employment agencies who recruit workers for other businesses aren't considered employers under the TFW Program. They can't be approved to hire a temporary foreign worker for other businesses since an employer-employee relationship doesn't exist.

Misclassifying temporary foreign workers as independent contractors

Employers can't classify temporary foreign workers as independent contractors.

Misclassification is non-compliant under the TFW Program. It can:

Employers must ensure that a worker's status reflects the employer-employee relationship identified in the approved LMIA and the employment agreement.

Employers won't be approved to hire a temporary foreign worker where an employer-employee relationship doesn't exist.

After receiving an approved LMIA, employers can't:

For more information on misclassification in the trucking sector, consult Misclassification in the Road Transportation Industry: Awareness Kit.

Consequences of misclassifying

Non-compliant employers can face consequences including:

Employers could also be listed on federal or provincial government websites, such as the Labour Program's Public naming of employers for contraventions and violations under the Canada Labour Code and related regulations.

Third-party representatives

Using a third-party representative

Employers may choose to use the services of a third-party representative (paid or unpaid) to act on their behalf when hiring a temporary foreign worker under the TFW Program. Employers who choose to use the services of a third-party representative must complete the "Third-party representative information" section of the LMIA application.

Employers must not recover the costs for the services of a paid third-party representative from the temporary foreign worker. The third-party representative also can't demand or recover the processing fee or other costs related to recruiting from the temporary foreign worker.

Employment and Social Development Canada (ESDC)/Service Canada:

For additional information, consult File a complaint against a representative.

Paid third-party representatives

A paid third-party representative must be authorized to collect a fee or to receive any other type of payment to act on your behalf or to advise you in the LMIA application process.

They must be a member in good standing of one of the following:

Employers should verify that a specific third-party representative is authorized to represent them or provide immigration advice.

Unpaid third-party representatives

An unpaid third-party representative can also assist you but isn't authorized to collect a fee or to receive any other type of payment for rendering services.

An unpaid third-party representative can be a:

Recruiters

A recruiter or anybody recruiting for the employer is someone who:

Some provinces and territories have specific requirements for recruiters and recruitment activities. It is your responsibility to ensure you comply with those requirements. As an employer, you're also responsible for the actions of anyone who recruits on your behalf.

Processing fee

You must pay $1,000 for each position requested to cover the cost of processing your LMIA application.

  • The processing fee payment (in Canadian dollars) can be made by:
    • Visa
    • MasterCard
    • American Express
    • Certified cheque (shall be made payable to the Receiver General for Canada)
    • Money order (shall be made payable to the Receiver General for Canada)
    • Bank draft (shall be made payable to the Receiver General for Canada)
  • The processing fee won't be refunded if your application is withdrawn, cancelled or if your LMIA is negative. Refunds are issued only if a fee was collected in error

  • The processing fee can't be paid by nor be recovered from the temporary foreign workers

Paying LMIA fees online

As part of a pilot project, certain LMIA processing fees can now be paid through online banking. This method is secure, fast and available through most Canadian financial institutions.

How it works

If you submit an LMIA application that requires payment and is for 6 positions or more, you'll have the option to participate in the online banking pilot and will receive an email to confirm your interest. If you wish to participate, simply reply to our invitation email to confirm. Once your application has reached the payment step of our process, we'll send you a second email with instructions on how to make your online banking payment. To help with our internal tracking, please don't send your payment prior to receiving these instructions.

Contact us

If you have any questions about this pilot project:

Processing fee exemptions

The LMIA processing fee does not apply to applications that involve:

  • families or individuals seeking to hire a foreign caregiver to provide home care for individuals requiring assistance with medical needs, provided that a medical certificate attesting to the individual's incapacity to care for themselves is submitted
  • families or individuals with a gross annual income of $150,000 or less seeking to hire a foreign caregiver to provide childcare in their home to a child under 13 years of age
  • on-farm primary agriculture positions such as labourers, workers, managers, and supervisors in farming, livestock, harvesting, nurseries and greenhouses for National Occupational Classification (NOC) codes 80020, 80021, 82030, 82031, 84120, 85100, 85101 and 85103

Recruitment fees

There may be a variety of fees and costs incurred in the process of recruiting temporary foreign workers, including, but not limited to:

  • cost of using a third-party representative
  • advertising fees
  • fees paid by a foreign national for assistance with finding or securing employment
  • fees paid by an employer for assistance or advice in the hiring of foreign nationals

As an employer, you must confirm and ensure that you or anybody recruiting on your behalf doesn't charge or recover any recruitment fees, directly or indirectly, from the temporary foreign workers. Failure to do so will result in a negative LMIA decision.

Abuse-free workplace and affiliated employers

Employers who haven't employed a temporary foreign worker in the past 6 years prior to submitting an LMIA application will be subject to a review. The employer must demonstrate that they made reasonable efforts to provide a workplace that is free of abuse and that they weren't an affiliate of an employer who is ineligible for the TFW Program or in default of any amount payable in respect of an administrative monetary penalty.

A workplace that is free of abuse includes

  1. (a) proactive efforts made to prevent workplace abuse
  2. (b) reactive measures taken to stop abuse

An affiliate includes an employer that is controlled by another employer

  1. (a) 2 employers that are under common control, or
  2. (b) employers that aren't operated at arm's length

Business legitimacy

All employers applying to the TFW Program must provide documents along with their LMIA application to demonstrate that their business and job offer are legitimate.

Transition plan

A transition plan, valid for the duration of the employment of the temporary foreign worker, is a mandatory requirement to hire temporary foreign workers in high-wage positions. It describes the activities you're agreeing to undertake to recruit, retain and train Canadians and permanent residents and to reduce your reliance on the TFW Program. If you've never completed a transition plan before, you must submit one as indicated in the appropriate section of the LMIA application form for high-wage positions.

If you're applying for an LMIA and have previously submitted a transition plan for the same position and work location, you must report on the results of the commitments you’ve made in your previous transition plan (will be used to determine if the described activities had been undertaken).

Employers submitting a dual intent LMIA application to support a temporary foreign worker’s permanent residency will have to complete a transition plan.

Transition plan exemptions

The transition plan requirement doesn't apply if you're requesting:

  • in-home caregiver or health care provider positions:
    • private household employers (under North American Industry Classification System [NAICS] code 8141) for in-home caregiver positions under NOC codes 31301, 32101, 44100 and 44101
    • health care institutions (under 2-digit NAICS 62) for health care provider positions under NOC 31301, 32101 and 33102
  • a position under the Seasonal Agricultural Worker Program (SAWP), the agricultural stream and other primary agriculture occupations
  • a specialized occupation that qualifies for Quebec’s facilitated LMIA process (applicable only to the first request for the same job at the same work location)
  • a position of limited duration where:
    • the job is time-limited in nature and the employment duration may range from 1 day to a maximum of 2 years
    • there is no reasonable expectation that you could transition the position to a Canadian or permanent resident
    • the job won't be filled after the departure of the temporary foreign worker as the position will no longer exist (for example, project-based occupations such as consultant for business management, specialized engineer for a dam construction project)
    • in some cases, repeat use of the specific position is the norm for the industry, but each employment duration is limited (for example, some film and entertainment positions, emergency repairs and warranty work)
  • a position with unique skills: skills or traits that belong to a specific individual and aren't readily available in Canada (for example, NOC TEER 000 occupations, hiring by a foreign government)
  • a position in support of a permanent residency application only (no application for work permit)

Recruitment and advertisement

Recruitment is the process of finding and selecting qualified employees. As part of the TFW Program requirements, you must conduct reasonable efforts to hire or train Canadians and permanent residents before offering a job to a temporary foreign worker.

Canadians and permanent residents include members of underrepresented groups in the labour market, such as:

  • vulnerable youth
  • Indigenous peoples
  • newcomers to Canada
  • persons with disabilities, and
  • asylum claimants with valid work permits

For inspection purposes, employers must keep records of their recruitment efforts.

Minimum recruitment requirements

Before applying for an LMIA, you must conduct at least 3 different recruitment activities:

  • you must advertise on the Government of Canada’s Job Bank. If you choose to use an alternative method, you must submit a written rationale and explanation of the alternative method
  • you must also conduct at least 2 additional methods of recruitment that are consistent with the occupation (targets an audience that has the appropriate education, professional experience or skill level required for the occupation). One of the methods used must be national in scope, and easily accessed by residents of any province or territory, as people in high-wage positions are often mobile and willing to relocate for work

To be national in scope, Canadians and permanent residents must have the capacity to search advertisements for work locations across Canada in a single site, as opposed to referring to individual or regional sub-sites.

Job Match service

You must use the Job Match service for recruitment purposes when advertising a position on Job Bank.

The Job Match service allows you to see anonymous profiles of registered job seekers that correspond to the skills and requirements outlined in your job posting. Each match is rated using a star system of 1 to 5 stars. The more stars received by the match, the greater the compatibility between your advertised position and the anonymous job seeker.

When creating your job posting, you must select the "default" or “basic” option. This option allows matches with job seekers from a wide variety of background as opposed to the "strict" matching mode, where matches may be limited to fewer job seekers.

When seeking to fill a high-wage position, you're required to invite all job seekers matched within the first 30 days of your job advertisement to apply for the position if they're rated 4 stars or more.

Direct Apply

Job Bank's Direct Apply allows registered job seekers who are authorized to work in Canada to apply directly to your Job Bank postings by submitting their resume. By using Direct Apply, you can: 

  • manage and store all resumes submitted through Job Bank  
  • view and download all resumes for your records 

You must consider job seeker applications submitted through Direct Apply.  

Direct Apply is enabled by default. By disabling it or not considering Direct Apply applicants, you may be considered as not meeting the recruitment effort requirements. 

Methods of recruitment

Acceptable methods of recruitment for a job advertisement include:

  • consultations with unions for available labour
  • general employment websites
  • online classified websites
  • specialized websites that are dedicated to specific occupational profiles (for example, accounting, marketing, biotechnology, education, engineering)
  • local, regional and national newspapers or newsletters
  • local stores, places of worship, and community resource centres
  • local, regional and provincial or territorial employment centres
  • magazines and journals (for example, national journals or magazines, professional associations magazines, specialized journals)
  • participation at job fairs
  • partnering with training institutions or offering internships
  • professional recruitment agencies
  • consultations with unions for available labour
  • advertising through professional associations
  • recruitment within the company (for example, considering internal candidates for the position). A human resources plan may outline the training opportunities for existing employees, and include:
    • a list of competencies for employees
    • workshops or programs for professional development and career management
  • specific programs to target specific employees for advancement

If the 2 additional methods of recruitment are online, they must each have unique value and reach different audiences. In cases where you advertise on multiple websites of the same type, the combined advertisements will only be considered as 1 additional method of recruitment.

Recruitment documentation retention

You must keep records of your recruitment and advertising efforts for a minimum of 6 years. You'll also be asked to provide the results from the recruitment efforts you undertook to fill the position.

Job advertisement duration

You must ensure that the job advertisement:

  • has occurred in the 3 months prior to submitting the LMIA application
  • is for a minimum of 4 consecutive weeks within the 3 months prior to submitting an LMIA application

At least 1 of the 3 recruitment activities to seek qualified Canadians and permanent residents must be ongoing until the date a positive or negative LMIA has been issued.

Job advertisement information

The required job advertisement information includes:

  • company operating name
  • business address
  • title of the position
  • job duties (for each position, if advertising is for more than 1 vacancy)
  • terms of employment (for example, project-based, permanent position)
  • language of work
  • wage (must include any incremental raises, performance pay or bonuses):
    • a wage range can be used for the purposes of complying with the advertisements; however, the minimum wage in the range must meet prevailing wage
  • benefits package offered (if applicable)
  • location(s) of work (local area, city or town)
  • contact information, including telephone number, cell phone number, email address, fax number, mailing address
  • skills requirements (includes education and work experience)

Proof of advertisement

You must demonstrate that you've made efforts to recruit qualified Canadians and permanent residents by providing these documents as proof of advertisement with your application:

  • a copy of the advertisement and information to support where, when and for how long the position was advertised
  • proof that the print media and websites used to advertise target an audience that has the appropriate education, professional experience or skill level required for the occupation
  • proof of other recruitment activities (for example, invoice from job fair)

Variations to the advertising requirements

In certain circumstances, there are variations to the advertising requirements for specific positions and in particular provinces or territories. Consult the variations list to determine if 1 of them applies to the requested position.

Applications for a foreign in-home caregiver position, where there is a live-in requirement, won't be processed unless you can demonstrate that the position is for high medical needs clients or for truly exceptional circumstances.

Wages

Wages offered to temporary foreign workers should be similar to wages paid to Canadian and permanent resident employees hired for the same job and work location, and with similar skills and years of experience.

For the purpose of the TFW Program, you must pay the prevailing wage that is defined as the highest of either:

  • the median wage on Job Bank
  • the wage that is within the wage range that you're paying your current employees hired for the same job and work location, and with the same skills and years of experience

To determine the median wage on Job Bank:

  • go to Compare wages on Job Bank
  • in the “Job search” field, enter the job title or the NOC code that best describes the duties and requirements of the position
  • the hourly median wage will be listed in the middle column, by community or area. If the median wage is listed as "n/a", consult the provincial or territorial wage. If it isn't available, consult the national wage

If the position requires additional skills and years of experience over the applicable NOC description, the wages offered should reflect these additional requirements.

For the purpose of determining the wage rate being offered, we'll only consider guaranteed wages, which exclude:

  • overtime hours
  • tips
  • benefits
  • profit sharing
  • bonuses
  • commissions
  • other forms of compensation

Employers who hire temporary foreign workers for unionized positions must offer the same wage rates and forms of compensation as those established under the collective agreement.

Variations to the wage requirements

In certain circumstances, industry-specific wage rates have been identified and are considered as the prevailing wage rate during the assessment of the application. These sectors have unique wage requirements:

If you want to hire a temporary foreign worker for a job located in Quebec, you must consult the wage table provided by the Ministère de l'Immigration, de la Francisation et de l'Intégration (MIFI) (French only).

Employers offering a wage that’s below the prevailing wage rate will be considered as not meeting the labour market factor for the assessment of wages. Therefore, they’ll receive a negative LMIA.

Prevailing wage reviews

Employers are required to update the wages of temporary foreign workers to reflect the prevailing wage. This wage review, as part of the LMIA and employment agreement, ensures that temporary foreign workers are paid the prevailing wage at the start of and throughout their employment period.

Regardless of the wage indicated on the LMIA application, employers are required to reassess and apply the prevailing wage at the beginning of a temporary foreign worker’s period of employment. The prevailing wage must be reviewed annually using updated wages posted on Job Bank (if applicable). Because Job Bank wages are updated yearly in the fall, employers have until January 1 of the following year to do their review.

The updated wage can never go below the wage identified in the positive LMIA at any time during a temporary foreign worker’s employment period, even if the prevailing wage decreases.

If you’re hiring temporary foreign workers in Quebec, consult the wage table provided by the MIFI website (French only).

Employers who don’t update wages accordingly may be subject to sanctions under the TFW Program’s employer compliance regime including administrative monetary penalties and bans from using the program.

You don’t need to report a wage modification to Service Canada if it meets the prevailing wage. Consult Modification to a positive LMIA to determine when a change requires contacting the Employer Contact Centre or submitting a new LMIA application.

Job duties and working conditions

The temporary foreign workers hired as a result of a positive LMIA must only perform duties that correspond to the occupation they were hired for.

Canadian law protects all workers in Canada, including temporary foreign workers. The exploitation of temporary foreign workers is considered a violation of Canadian laws and human rights.

Employers must:

  • pay temporary foreign workers for all work, including overtime, where required by law
  • provide workplace safety insurance
  • offer temporary foreign workers the same benefits as other workers, and
  • not take the temporary foreign workers' identification

Employment in most occupations is covered under provincial or territorial legislation that deals with labour and employment standards, such as hours of work, working conditions and termination of employment. In fact, every province and territory has a Ministry of Labour that can provide information to assist employers and temporary foreign workers with questions or issues related to work.

Note: Some employers are federally regulated and are therefore covered by the employment standards under the Canada Labour Code.

Health insurance

In applicable provinces and territories, you must obtain and pay for private health insurance that covers emergency medical care for any period during which the temporary foreign worker isn't covered by the applicable provincial or territorial health insurance system.

The coverage the employer purchases must correspond with the temporary foreign workers' first day of work in Canada and the costs must not be recovered from the temporary foreign workers.

During an employer inspection, an ESDC/Service Canada inspector will look at the policy coverage to make sure that it hasn't been charged back to the worker, and that it covers at minimum the costs of basic emergency health care for sudden illness or injuries during the period the temporary foreign worker isn't covered by the provincial or territorial health insurance. Some private insurance companies offer more comprehensive plans, but ESDC/Service Canada will accept a basic plan so long as it ensures that the temporary foreign worker won't have to pay for medical care if they become sick or have an accident while working in Canada.

To demonstrate compliance, the employer must be able to show proof of payment for suitable private health insurance for each temporary foreign worker, as well as the terms of the policy coverage (for example, the details of what is covered).

Workplace safety

You must always ensure that the temporary foreign workers you want to hire under the TFW Program are covered from the provincial or territorial workplace safety insurance provider, where required by law. Where the provincial or territorial legislation allows employers the flexibility to opt for a private insurance plan, you must ensure that:

  • any private plan chosen provides better or the same level of compensation to that offered by a province or territory
  • all employees on the worksite are covered by the same provider

If you're enquiring about private insurance plan equivalency, contact the appropriate provincial or territorial workplace safety authority.

The coverage you purchased must correspond with the temporary foreign workers' first day of work in Canada and the costs mustn’t be recovered from the temporary foreign workers.

Employment agreement

Although a copy of the employment agreement isn't required at the time of LMIA submission, you must commit to providing a completed and signed employment agreement to each foreign worker on or before their first day of work with you. An employment agreement must:

  • include information for employment in the same occupation, with the same wages and working conditions as those set out in the offer of employment
  • be drafted in either English or French as preferred by the foreign worker, and
  • be signed by both the employer and the foreign worker

Employers can develop and use their own employment agreement as long as it contains all the necessary information. You can also use the employment agreement template.

Employers must maintain complete employment records that fully document compliance with the employment agreement throughout the duration of the employment.

For positions in Quebec, visit the MIFI website (French only) for specific requirements regarding the employment contract.

Language of work

English or French are the only languages you can identify as a job requirement in your LMIA application and job advertisement. However, if another language is essential for the job, you must provide a justification on the application.

Positions with no language requirement

There may be rare cases where an offer of employment doesn't require any language for the foreign national.

If there is no language required for the job, you must provide more details on the application, including:

  • how the foreign national will perform job duties in an effective and safe manner without the ability to communicate in any language, and
  • what reasonable measures are in place to ensure health and safety of all persons at the place of work. To demonstrate this, you must also provide applicable and appropriate documentation with your application

Examples of reasonable measures are:

  • having translated workplace safety manuals and procedures
  • providing workplace safety training in the foreign national’s identified language
  • using international safety signs that use symbols (pictures)
  • having official translators on-site, and/or
  • employing other workers or supervisors who can speak with the foreign nationals in their identified language

Unionized positions

If you're applying to hire temporary foreign workers for positions covered under a collective agreement, you must:

  • advertise and offer the same wage rates as those established under the collective agreement
  • offer the temporary foreign workers the same terms and conditions as Canadian and permanent resident workers
  • submit a copy of the section of the collective bargaining agreement on the wage structure

The hiring of temporary foreign workers must not affect current nor foreseeable labour disputes at the workplace. During the LMIA assessment, if it is determined that hiring temporary foreign workers is likely to adversely affect the course, the outcome or the settlement of any labour dispute, you'll receive a negative LMIA decision.

We recommend that you work actively with union representatives to recruit Canadians and permanent residents.

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2026-09-18