Does my occupation's classification affect my LMIA application?
Yes. The National Occupational Classification (NOC) — now organized under the TEER (Training, Education, Experience and Responsibilities) framework — is central to LMIA applications. Service Canada uses NOC/TEER codes to classify positions and to determine which LMIA stream applies, what advertising is required, and what the prevailing wage is.
The TEER category of your occupation can determine whether your position falls in the High-Wage or Low-Wage Stream, whether it is eligible for the Global Talent Stream, or whether any exemptions might apply. Lower TEER numbers generally correspond to higher-skilled occupations.
Misclassifying a position — putting it in the wrong NOC/TEER code — is a common application error that can lead to refusals, non-compliance findings on inspection, or inconsistency between the LMIA and the work permit. The job description must accurately reflect the actual duties performed, and the chosen NOC code must be the best fit for those duties.
Employers should carefully research the correct NOC/TEER code for the position before submitting an LMIA application. An immigration lawyer can help ensure the classification is defensible and aligns with the rest of the application package.
Key takeaways
- Service Canada uses NOC/TEER codes to classify positions and determine applicable LMIA rules.
- The TEER category affects which stream applies and the prevailing wage assessment.
- Misclassifying a position is a common error that can cause refusals or compliance issues.
- Verify the correct NOC/TEER code before submitting the LMIA application.