Understanding Material Changes in LMIA: Compliance and Disclosure

published On - 16 May 2024

published By - R&R Law LLP

What are Material Modifications?

Material modifications refer to changes in an approved LMIA that significantly alter the terms initially agreed upon. These changes must be evaluated to determine if they necessitate a new LMIA application. It's essential to voluntarily disclose any modifications made to a positive LMIA to ensure compliance and transparency.

Examples of Material Changes Here are some examples of material changes that could impact a positive LMIA:

1. Change in occupation or job duties leading to a modification of the National Occupational Classification (NOC) code.
2. Change in employer, including temporary assignments to a different work site under a different or affiliated employer.
3. Decrease in wages or increase beyond specified limits.
4. Changes in benefits, non-monetary compensation, stipulated hours, or educational requirements.
5. Change in work location to a different economic region (for Global Talent Stream applicants) if worker wages fall below the prevailing wage in the new region.