LMIA Business Legitimacy Documents: Employer Checklist
· Harjeet Arora, RCIC-IRB
Every LMIA job offer is assessed for business and job-offer legitimacy. Supporting records should demonstrate the actual operation of the business and its ability and need to employ the requested temporary foreign worker.
The four core legitimacy factors
Federal guidance assesses whether the business provides a good or service in Canada, the employment need is reasonable, the employer can fulfil the job offer including wages, and the employer is compliant with applicable law.
Common supporting records
Depending on the employer and application, records can include CRA documents, payroll and financial material, licences, contracts, commercial leases, business activity records and industry-specific documents.
Industry-specific requirements
Some applications require additional documents. Trucking applications, for example, have specific carrier-profile, safety-certificate and fleet-insurance requirements.
Consistency is critical
Workforce counts, revenues, operating locations, requested positions and job duties should align with the supporting record.
See LMIA representation.
Related guidance: LMIA requirements for trucking companies and high-wage LMIA transition plans.
How to organize the document package
Use a document index identifying the legal business name, operating locations, tax and payroll records, current licences and evidence of active commercial operations. Explain material changes in headcount, ownership or operations instead of leaving inconsistent figures unexplained. Requirements vary by stream and application date.
General information only. The document package depends on the employer and stream.