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LMIA for CEC - wage confusion?

wsmolind

Star Member
Nov 4, 2013
63
6
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Hello!

I'm a PGWP holder and I am trying to apply for my PR via Express Entry. However, I know chances are slim if I don't have an LMIA.

My employer is willing to help me with this but the information online about the new LMIA process is extremely confusing and contradicting. Specifically, the wage range and the occupation's classification as a high-wage or low-wage job.

I'm a graphic designer, which is classified as a high-skilled job (level B). I am being paid below the median wage for the territory I work at (Ontario is $21, and $26 for Toronto specifically). So, according to the ESDC webpage, that would place me in the high-skilled low-wage category. It says that employers offering a wage "that is below the provincial/territorial median hourly wage will be subject to a maximum 10% cap on the proportion of low-wage TFWs." So my employer would be able to apply for my LMIA as a low-wage position following these worker cap restrictions.

However, later on, it goes on to say that "Employers offering a wage that is below the prevailing wage rate (median wage) will be considered as not meeting the labour market factor for the assessment of wages and therefore, will be issued a negative LMIA." Which is exactly my situation: being offered below the media wage for the territory!

So, my question is, which one is it? How do you actually classify high-skilled high wage and low wage positions? Because CIC's information is just contradicting itself all over the place. It says very specifically that workers being offered below the median can be considered low-wage and instructs employers on how to apply for LMIA with a low-wage worker, but then goes on to say that any company offering below the median won't even be considered for an LMIA.

Does anyone have any info on this or any first hand experience? I'd really appreciate it!

Thanks in advance!
 

delta304

Hero Member
Feb 6, 2014
546
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As you know that 10% cap is for lower wage right? if you employer didnt use lmia before
so he can use it for you with low wage. if u r fist one to whom he help then i dont think so
u need to show higer wage. still i would suggest you to ask qualify lawyer (not bloody agent)
second u can show high wage and can understand with your employer.like do some extra hours
to cover up that money.
 

G4v1N

Full Member
Dec 3, 2014
37
4
I'm in the same situation too. Please let me know if you know any well qualified lawyer for lmia.
 

bwspYHF2013

Newbie
Mar 5, 2015
5
0
G4v1N said:
I'm in the same situation too. Please let me know if you know any well qualified lawyer for lmia.

I'm totally confused. I went to a lawyer who claims to have 27 years of experience in criminal/employment law in Toronto.

Spoke totally about LMIA. I had a fitness manager position in Toronto under NOC 0613.
Apparently, a positive LMIA comes out of jobs 0,A,B noc codes.

But why am i seeing people with C,D noc codes getting LMIA approval.

The lawyer said because I'm in Toronto and its a job a lot of Canadians can do, I won't get the LMIA.
Do I believe this? I don't know. Apparently the employer has to jobbank the advertisement with two additional ads
and if no Canadian becomes available, I get the LMIA approved.

Does that mean an LMIA doesn't exist for foreigners???? lolll
 

delta304

Hero Member
Feb 6, 2014
546
15
Job Offer........
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G4v1N said:
I'm in the same situation too. Please let me know if you know any well qualified lawyer for lmia.
i would suggest ask mr. cohen who is owner
of this forum. i knew some but all r ...... so .....