Refusal to process a Labour Market Impact Assessment application

There are certain conditions that may justify why we cannot process a Labour Market Impact Assessment application. These conditions include:

Regulatory authority

We do not have the authority to process applications from ineligible employers for the Temporary Foreign Worker Program who:

Ministerial instructions

As a result of public policy considerations as determined in Ministerial instructions, we may refuse to process your Labour Market Impact Assessment application for:

Note:

  • effective April 30, 2022, the Refusal to Process (RTP) policy that automatically refuses LMIA applications for low-wage occupations in Accommodation and food services sector (North American Industry Classification System (NAICS) code 72) or Retail trades sector (NAICS codes 44 to 45); and classified under the National Occupational Classification (NOC) codes 6541, 6611, 6622, 6711, 6721, 6731, 6732, 6733, 7611 and 8612 in regions with an unemployment rate of 6% or higher will no longer be in effect
  • effective May 1, 2022, the Refusal to Process LMIA applications for certain occupations in Alberta will no longer be in effect

Low-wage positions above the current cap

Low-wage positions, if you are above the current cap on the proportion of low-wage temporary foreign workers at the same work location.

In-home Caregiver positions

In-home Caregiver positions, where there is a live-in requirement, that:

Exceptions to this refusal to process

High medical needs clients

If you are seeking to hire an in-home caregiver with a mandatory live-in requirement for high medical needs clients (for example people with disabilities, seniors, individuals with chronic or terminal illnesses), you must submit either:

Exceptional circumstances

You must submit a written rationale for possible exemption for exceptional circumstances as part of the Housing section of the Labour Market Impact Assessment application form. The rationale must include:

Previous revocation

We may refuse to process your Labour Market Impact Assessment application for any position if you have had an application revoked in the past two years for having provided false, misleading or inaccurate information.

Processing fee

You will not be charged the processing fee, if we had to refuse to process your Labour Market Impact Assessment application or if you are an ineligible employer. In addition, a letter will be sent to you with the reason why your application was not processed.

Report a problem or mistake on this page
Please select all that apply:

Thank you for your help!

You will not receive a reply. For enquiries, contact us.

Date modified: