Refusal to process a Labour Market Impact Assessment

Refusal to process a Labour Market Impact Assessment application

updated on November 2, 2020

 

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:

  • certain positions in the accommodation and food services and retail trade sectors
  • low-wage positions above the current cap
  • most positions in the province of Alberta (unless they are listed as exempt occupations under the Alberta Refuse to Process or if the application is otherwise exempted)
  • in-home caregiver positions where there is a live-in requirement
  • any position if you have had a Labour Market Impact Assessment revoked in the past 2 years

 

Certain positions in accommodation and food services and retail trade sectors

Positions in Accommodation and Food Services and Retail Trade sectors:

  • in an economic region with an unemployment rate of 6% or higher (as defined by the Program-specific Statistics Canada data used by Service Canada for the purposes of the Temporary Foreign Worker Program)
  • in the 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

We will refuse to process your LMIA application when all three conditions apply.

Note:
Due to the serious economic impacts resulting from Covid-19, all economic regions in Canada are now considered to have unemployment rates of at least 6% or above.

 

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 for the same positions at the same work location.

 

Most positions in the province of Alberta

Due to the COVID-19 pandemic, all new and pending LMIAs for positions in Alberta must be on the following list of exempt occupations to be eligible for processing. Until further notice, we are refusing to process LMIAs if the position you are looking to fill is not listed, unless they qualify for exemption.

The Government of Alberta's Employer Liaison Services helps employers learn about options for hiring Albertans and Canadians first. For more information and assistance, contact Alberta Labour.

List of exempt occupations that will be processed:
NumberNOCPositions eligible for processing
Management occupations
1 0213 Computer and information systems managers
2 0432 Fire chiefs and senior firefighting officers
3 0821 Managers in agriculture
Natural and applied sciences related occupations
4 2147 Computer engineers (except software engineers and designers)
5 2161 Mathematicians, statisticians and actuaries
6 2171 Information systems analysts and consultants
7 2172 Database analysts and data administrators
8 2173 Software engineers and designers
9 2174 Computer programmer and interactive media developers
10 2175 Web designers and developers
11 2271 Air pilots, flight engineers and flying instructors
12 2281 Computer network technicians
13 2283 Information systems testing technicians
Health occupations
14 3111 Specialist physicians
15 3112 General practitioners and family physicians
Occupations in education, law and social, community and government services
16 4011 University professors and lecturers
17 4312 Firefighters
18 4411 Home child care providers
19 4412 Home support workers, housekeepers and related occupations
Occupations in art, culture, recreation and sport
20 5131 Producers, directors, choreographers and related occupations
21 5241 Graphic designers and illustrators
Trade, transport and equipment operators and related occupations
22 7371 Crane operators (only All-Terrain Crane Operators)
Natural resources, agriculture and related production occupations
23 8252 Agricultural service contractors, farm supervisors and specialized livestock workers
24 8431 General farm workers
25 8432 Nursery and greenhouse workers
26 8611 Harvesting labourers
Occupations in manufacturing and utilities
27 9462 Industrial butchers and meat cutters, poultry preparers and related workers


Additional exemptions to the Alberta refusal to process

Short-term duration technical work

Your LMIA will be exempt from the Alberta Refusal to Process if you are seeking to hire a TFW for 30 calendar days or less of employment duration for;

  • work that requires a specialist with proprietary knowledge and/or experience related to the work to be performed; or,
  • work that entails installation, inspection or repair of equipment, whereby the warranty requires the work to be done by workers designated by a manufacturer.

 

Permanent Residence or Dual Intent

Your LMIA will be exempt from the Alberta Refusal to Process if it is to support an application for Permanent Residence or Dual Intent;

 

Global Talent Stream

Your LMIA will be exempt from the Alberta Refusal to Process if it is submitted under the Global Talent Stream and deemed eligible.

Global Talent Occupations List
NOCOccupation
0213 Computer and information systems managers
2147 Computer engineers (except software engineers and designers)
Sub-set of
2161*
Mathematicians and statisticians

* Positions for actuaries or related occupations are excluded from this subset.

2171 Information systems analysts and consultants
2172 Database analysts and data administrators
2173 Software engineers and designers
2174 Computer programmers and interactive media developers
2175 Web designers and developers
2281 Computer network technicians
2283 Information systems testing technicians
Sub-set of
5131**

Producer, technical, creative and artistic director and project manager – Visual effects and video game

**The position must require a minimum of 3 years of experience in the visual effects, video game or animation industries in 1 or a combination of the following roles: producer, technical director, creative director, artistic director or project manager, senior coordinator, department manager, with 3 years of job experience in at least 1 or more of the following skills relevant to the visual effects, video game or animation industries: surfacing and look development; character or simulation rigging; matte painting; managing budgets or teams; or technical pipeline development and application for visual effects, video games, or animation production.

Sub-set of
5241***

Digital media designers

***The position must require a minimum of 3 years of job experience in at least 1 of the following digital media design skills: 3D modeling, compositing, paint and roto, layout and match move, digital environment and Matte painting, texture, lighting shading, character effects, effects and simulations, design and scenario, rigging, user interface or user experience, responsive design (for gaming), virtual reality, augmented reality, digital media animation, levels editing for digital media design, software editing for digital media design, pipeline software development or applications relevant for digital media design

 

In-home Caregiver positions

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

  • are classified under the NAICS as a Private household (NAICS 814)
  • are classified under the NOC codes 3012, 3233, 4411 or 4412
  • have been advertised and indicated on the Labour Market Impact Assessment application as being sought to fill positions, where there is a live-in requirement

 

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:

  • a physician’s note certifying both the medical condition and the need for live-in care
  • Schedule H – Medical disability, chronic or terminal illness certificate (EMP5600)

 

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:

  • a clear explanation of why live-in care is required
  • how frequently the situation necessitating live-in care occurs
  • to what degree you can influence this frequency
  • a description of what other options were explored in order to meet the need for care and why they were deemed not viable
  • how you will ensure fair working conditions for the in-home caregiver, despite the live-in requirement

 

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 UPDATE 2020

Congratuation!

Permanent Resident Approval


KIM, ** - Food service supervisor position
Oct. 2016 Express Entry Applied→Oct. 2016 Invitation Received→Jan. 2017 Final Approved


KIM, ** - Dental technician position
Oct. 2016 Express Entry Applied→Oct. 2016 Invitation Received→Jan. 2017 Final Approved


AN, ** - Hotel clerk supervisor position
Aug. 2016 Express Entry Applied→Aug. 2016 Invitation Received→Jan. 2017 Final Approved


SEO, ** - Retail store supervisor position
Jul. 2016 Express Entry Applied→Aug. 2016 Invitation Received→Jan. 2017 Final Approved


NOH, ** - Welder position
Jan. 2015 AINP Applied→Aug. 2015 Nominee Approved→Jan. 2017 Final Approved


CHI, ** - Welder position
Mar. 2015 AINP Applied→Aug. 2015 Nominee Approved→Jan. 2017 Final Approved


AMUNDSON, ** - Spouse sponsorship
May. 2015 Spouse Sponsorship Applied→Feb. 2017 Final Approved


 

AINP Approved


KIM, ** - Room attendant
Dec. 2016 Applied→Jan. 2017 Nominee Approved


YOON, ** - Alterationist
Jan. 2016 Applied→Jan. 2017 Nominee Approved


CHOI, ** - Housekeeping supervisor
Jan. 2016 Applied→Jan. 2017 Nominee Approved


CHOI, ** - Automotive service technician
Dec. 2016 Applied→Feb. 2017 Nominee Approved


KIM, ** - Retail store supervisor
Nov. 2016 Applied→Feb. 2017 Nominee Approved


KIM, ** - Sports instructor
Sep. 2016 Applied→Mar. 2017 Nominee Approved


LEE, ** - Cleaning supervisor
Nov. 2016 Applied→Mar. 2017 Nominee Approved


LEE, ** - Motel managing supervisor
Sep. 2016 Applied→Mar. 2017 Nominee Approved


KIM, ** - Food service supervisor
Oct. 2016 Applied→Mar. 2017 Nominee Approved


BERNABE, *** - Food service supervisor
Oct. 2016 Applied→Mar. 2017 Nominee Approved


KIM, ** - Retail store supervisor
Dec. 2016 Applied→Mar. 2017 Nominee Approved


 

SINP Approved


JUNG, ** - Food counter attendant
Nov. 2016 Applied→Jan. 2017 Nominee Approved


 

LMIA Approved


Retail store supervisor
Jun. 2016 Applied→Jan. 2017 Approved


Cook
Nov. 2016 Applied→Jan. 2017 Approved


Retail store supervisor
Aug. 2016 Applied→Jan. 2017 Approved


Retail store supervisor
Nov. 2016 Applied→Jan. 2017 Approved


Cook
Aug. 2016 Applied→Jan. 2017 Approved


Retail store supervisor
Dec. 2016 Applied→Jan. 2017 Approved


Cashier
Sep. 2016 Applied→Jan. 2017 Approved


Cook
Oct. 2016 Applied→Jan. 2017 Approved


Hotel clerk
Jun. 2016 Applied→Jan. 2017 Approved


Motel supervisor
Jun. 2016 Applied→Jan. 2017 Approved


Liquor store supervisor
Oct. 2016 Applied→Jan. 2017 Approved


Retail store supervisor
Dec. 2016 Applied→Jan. 2017 Approved


Cook
Sep. 2016 Applied→Feb. 2017 Approved


Food & Beverage Server
Jan. 2017 Applied→Feb. 2017 Approved


Cook
Oct. 2016 Applied→Mar. 2017 Approved


Cook
Dec. 2016 Applied→Mar. 2017 Approved


Cook
Feb. 2017 Applied→Mar. 2017 Approved


Retail store supervisor
Dec. 2016 Applied→Mar. 2017 Approved


Food service supervisor
Feb. 2017 Applied→Mar. 2017 Approved


Motel managing supervisor
Dec. 2016 Applied→Mar. 2017 Approved


Motel managing supervisor
Feb. 2017 Applied→Mar. 2017 Approved


Retail store supervisor
Feb. 2017 Applied→Mar. 2017 Approved


Retail store supervisor
Feb. 2017 Applied→Mar. 2017 Approved


Cleaning supervisor
Feb. 2017 Applied→Mar. 2017 Approved


Food service supervisor
Feb. 2017 Applied→Mar. 2017 Approved


Drywall installer
Feb. 2017 Applied→Mar. 2017 Approved


Martial arts Instructor
Jan. 2017 Applied→Mar. 2017 Approved


Food service supervisor
Jan. 2017 Applied→Mar. 2017 Approved


Updated until March 31, 2017

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