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 2026

    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