In their analysis of the offer of employment, ESDC will consider the following elements:
Is the salary offered to the foreign worker consistent with the average for the occupation in the area the position is located?
Are the working conditions consistent with labor laws and/or collective bargaining agreements?
Is there a labor shortage for that occupation in the area the position is located?
Is there an ongoing labor dispute in the company and/or industry?
Has the Canadian employer undertaken recruitment efforts in order to find a Canadian to fill the position?
Will the foreign worker be able to transfer unique skills or expertise to Canadians?
Will hiring the foreign worker help to create or retain jobs for Canadians?
Will the foreign worker be the employee of the Canadian employer, whereby the foreign worker is expected to work on a full-time basis at a pre-determined wage?
Generally speaking, for jobs located in one of Canada’s major cities, the more specialized the position and the higher the salary offered, the higher the chances of obtaining a positive LMIA will be. In less populated cities and regions, this is still true but generally obtaining an LMIA may be easier.
一般来说，针对高工资类别的LMIA，当企业提交全部证明材料后，一般2周内就会获得加拿大ESDC（Employment and Social Development Canada）的正式反馈。并获得Confirmation Letter（确认函）。