LMIA in a High-Wage Position
High Wage LMIA: Complete Guide to Requirements, Transition Plans and Application Process
This type of LMIA is applicable when the offered wage for the position exceeds the provincial or territorial median wage by 20%. Since median wages vary in each province or territory, the “high wage cutoff” – the amount that an employer must offer the foreign worker to qualify for the high wage stream – varies in each province or territory.
Understanding High Wage LMIA Priority Processing
This stream is typically given higher priority processing than low wage stream applications, but there are exceptions. Some occupations are given higher priority processing, irrespective of whether they qualify for high or low wage stream.
In the past, the Temporary Foreign Worker program prioritized the highest wage management occupations – that is, occupations that qualified for the high wage stream and where the wage offered was at or above the 90th percentile of wage earners.
However, this prioritization has shifted over the years with new policies. It is important to check the latest processing times available and consult the list of exceptional case types.
Employment Duration for High Wage Positions
Employers offering positions that qualify for the high wage LMIA stream can typically request longer employment durations than most other streams. The maximum duration of employment is typically 3 years, though from time to time, the Temporary Foreign Worker program limits this to 2 years.
For some occupations suffering from chronic labour shortages, such as for fee-for-service physicians, approvals can sometimes approve employment durations for as many as 5 years.
Transition Plan Requirement
Employers seeking high wage LMIA approvals must demonstrate efforts to hire Canadian citizens or permanent residents before considering hiring a foreign worker. Moreover, high wage LMIAs require employers to develop a transition plan outlining efforts to reduce reliance on foreign workers over time.
What is a Transition Plan?
A transition plan is a detailed, multi-point plan as to how you intend to transition from a workplace dependent on temporary foreign labour to one reliant solely on Canadian workers. This must be completed in standard form and submitted with your LMIA application.
Transition Plan Compliance and Subsequent Applications
If an employer has previously been approved a high wage LMIA with a transition plan, and they apply for another high wage LMIA, they may expect the Temporary Foreign Worker program officer to make a request for the employer to produce evidence of their efforts to meet their previously approved transition plan.
Failure to demonstrate that you followed through with your transition plan is a common reason for refusal on subsequent high wage LMIA applications.
Common High Wage LMIA Rejection Reasons
Other reasons your high wage stream LMIA might be refused include:
- Failure to provide all required documentation
- Insufficient evidence to demonstrate financial capacity to pay wages to the TFW
- Insufficient evidence provided to demonstrate regular, recurring business in Canada
The Most Common Rejection Reason
By far the most common reason a high wage stream LMIA application may be refused is failure to provide sufficient evidence to demonstrate genuine efforts to recruit Canadians first.
The high wage stream LMIA has particular minimum advertising and recruitment requirements that must be followed. While the language on the TFW program website suggests that the advertising platforms listed are simply suggestions, the minimum effort requirement is not merely a recommendation.
Indeed, this is a baseline standard, which often must be exceeded for employers to succeed on a high wage LMIA application
High Wage LMIA Advertising Requirements
While the minimum standards can change over time, typically, employers are required to advertise nationally, broadly and thoroughly, listing all requirements for the position, a detailed description of the position, and the wages offered (or a range) that meets or exceeds both the median wage for the occupation and the high wage stream cutoff wage, whichever is higher.
Required Advertisement Details
Details including the name of the employer, location of work, hours of work and working conditions must also be included. Employers must continue to recruit for the position until the LMIA is approved.
Multiple Platform Requirement
Multiple advertisements across multiple platforms — including recruitment websites, social media, print media, professional or trade publications, and the national Job Bank — are required to demonstrate sufficient advertising efforts.
If the advertising efforts end before the LMIA is approved, or not all candidates’ applications were considered, the high wage stream LMIA application may be rejected.
Job Bank Matching Requirements for High Wage Positions
Moreover, via the National Job Bank, employers must invite all candidates ranked 4 stars or higher on the Job Bank matching service to apply for the job.
If an employer does not invite all 4-star or higher matched candidates to apply to the job, their high wage stream LMIA application can be refused.
Employers therefore should continue to monitor their Job Bank advertisement and continue to invite candidates until the LMIA application decision is made by the TFW officer.
Processing Times and Fees
High-wage LMIA applications typically receive moderate to high priority processing, averaging 4-12 weeks depending on the occupation and time of year. The application fee is $1,000 CAD per position.
Employers must also consider IRCC work permit fees ($155 CAD per worker) and biometrics fees ($85 CAD) where applicable. Unlike low-wage positions, high-wage employers may allow foreign workers to pay their own work permit fees and relocation expenses, though this should be confirmed with legal counsel.
How Mandelbaum Immigration Lawyers Can Help with High Wage LMIA Applications
The high-wage LMIA stream requires sophisticated legal knowledge to navigate successfully:
Transition plan development
We help you create realistic, achievable transition plans that satisfy TFW program requirements while protecting your business interests.
Transition plan compliance tracking
For employers with previous LMIAs, we help you document your compliance efforts to avoid refusal on subsequent applications.
Comprehensive advertising strategy
We design advertising campaigns that exceed minimum requirements across multiple platforms, ensuring you meet the "genuine effort" standard.
Job Bank monitoring
We help you establish systems to continuously monitor and invite all 4-star and higher candidates throughout the entire process.
Documentation preparation
We ensure all required documentation is complete, organized, and presented in the format TFW officers expect.
The high-wage LMIA stream requires sophisticated legal knowledge to navigate successfully:
Our experience with high wage LMIA applications across professional, technical, and management occupations means we understand what officers look for in successful applications.
Don’t risk refusal due to insufficient advertising, incomplete transition plans, or failure to invite qualified Job Bank candidates. Let our experienced LMIA lawyers guide you through the high-wage stream successfully.
Contact us today to schedule a consultation. Simply provide us with your name, email address and phone number by filling out our webform below.