Low-wage LMIA freeze in Vancouver, Surrey and Abbotsford: what employers and workers can do now

By Pardeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 9, 2026

Published November 10, 2026

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.

Updated November 9, 2026: the unemployment rates and quarter dates were checked on ESDC’s refusal to process page (modified October 27, 2026), the BC wage threshold on ESDC’s median wage page (modified October 7, 2026), and the concurrent processing rule on IRCC’s LMIA review instructions (modified October 28, 2026) that day.

If you run a business in Surrey, Abbotsford, Langley or anywhere in Metro Vancouver and you planned to hire or keep a temporary foreign worker at a wage under $38.40 an hour, Service Canada will not process that LMIA while the area’s unemployment rate is 6% or more. The current list runs from October 9, 2026 to January 7, 2027, and both the Vancouver and Abbotsford-Mission areas are on it. The job may still be possible: some sectors and occupations are exempt, a job paid at or above the BC threshold goes through the high-wage stream, and many workers have a route that needs no LMIA. The timing matters most when a work permit is about to expire.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, advises employers and workers on LMIAs, LMIA-exempt work permits and the next step when an LMIA or work permit is refused.

Book a consultation about your LMIA or work permit TapClick to open a short form. Our team will contact you to arrange a time.Short form, 4 quick fields Open form

What is the low-wage LMIA freeze?

The “freeze” is ESDC’s refusal to process: since September 26, 2024, Service Canada does not process an LMIA when the job pays under the provincial wage threshold and the work location is in a census metropolitan area (CMA) whose unemployment rate is 6% or more at the time the LMIA is submitted. In BC the threshold is $38.40 an hour for LMIAs received from July 17, 2026.

Two numbers decide it, and both are published by ESDC:

• The wage. The BC threshold is the provincial median hourly wage plus 20%: $38.40 an hour for LMIAs received on or after July 17, 2026 (it was $36.60 before that). Under $38.40 is the low-wage stream; $38.40 or more is the high-wage stream.
• The place. The CMA where the work happens, not where the business is registered or where the worker lives. ESDC updates the rates every three months, and the rate that counts is the one in force on the day the LMIA is submitted.

When ESDC refuses to process, it sends a letter giving the reason and does not charge the $1,000 processing fee (ESDC).

Which cities are covered? Fraser Valley and Metro Vancouver, October 9, 2026 to January 7, 2027

For the quarter running October 9, 2026 to January 7, 2027, low-wage LMIAs are not processed for jobs in the Vancouver CMA (7.0%) or the Abbotsford-Mission CMA (7.6%). The Chilliwack CMA (5.6%) is below 6% this quarter, so low-wage LMIAs there can be processed. ESDC publishes the next rates on January 8, 2027.

Rates: ESDC, Refusal to process a Labour Market Impact Assessment application (modified October 27, 2026). Which municipality sits in which CMA: Statistics Canada maps of the Vancouver CMA and the Abbotsford-Mission CMA. A job outside any CMA is not caught by this rule.

Elsewhere in BC this quarter: Kelowna 8.6% and Nanaimo 6.6% (not processed); Kamloops 3.6% and Victoria 5.8% (processed).

Abbotsford-Mission and Vancouver have both been at 6% or more in all three quarters on ESDC’s current table (April 10, 2026 onward), so a plan that waits for the next update is a gamble, not a strategy.

Worked example: a Surrey restaurant and an Abbotsford farm

The same rules give different answers depending on wage, sector and place. Here is how they apply to three example job offers made on November 9, 2026.

1. Cook at a Surrey restaurant, $22 an hour. $22 is under $38.40, so it is low-wage. Surrey is in the Vancouver CMA at 7.0%. Restaurants are not on the exempt sector list. Result: ESDC will not process it if submitted between October 9, 2026 and January 7, 2027.
2. Farm worker at an Abbotsford berry farm, $18 an hour. Low-wage, and Abbotsford-Mission is at 7.6%, but primary agriculture is exempt. Result: it can still be processed (the agricultural streams have their own rules).
3. Site supervisor for a Langley builder, $40 an hour. $40 is over $38.40, so it goes in the high-wage stream, which the freeze does not touch. Construction (NAICS 23) is also exempt. Result: processed, with a transition plan required in the high-wage stream.

The wage offered must also meet the prevailing wage for the occupation in that area; raising a wage only to cross the line, without real duties to match, can cause problems later in a compliance review.

Your options as an employer

An employer in Surrey, Langley or Abbotsford with a low-wage job has five realistic options: confirm the job is exempt, pay at or above $38.40 and use the high-wage stream, use a short-duration exemption, hire a worker who needs no LMIA, or wait for the January 8, 2027 update. Which one works depends on the job, not the business.

1. Check the exemptions first. ESDC still processes low-wage LMIAs, even in a frozen CMA, for: primary agriculture; construction (NAICS 23), food manufacturing (NAICS 311), hospitals (NAICS 622) and nursing and residential care facilities (NAICS 623); certain in-home caregiver positions (NOC 31301, 32101, 44100, 44101); LMIAs that support permanent residence only, with no work permit; and short positions of about 120 calendar days or less that are truly temporary or highly mobile, with a written exemption request uploaded with the LMIA (ESDC).
2. Use the high-wage stream if the job really pays $38.40 or more. High-wage LMIAs are not affected by the freeze. They need at least three recruitment activities (one on Job Bank), a transition plan, and the $1,000 fee per position (ESDC high-wage requirements, modified September 18, 2026).
3. Hire someone who doesn’t need an LMIA. Workers with an open work permit (for example a post-graduation work permit or a spousal open work permit) or an LMIA-exempt permit can be hired without one. See our guide to how the LMIA process works in Canada for the employer side.
4. Check where the work is actually done. The rule follows the work location. A job genuinely based outside a frozen CMA (for example in Chilliwack this quarter) is assessed at that location’s rate. Don’t list a location the worker won’t work at; that is a misrepresentation risk.
5. Plan around January 8, 2027. If nothing else fits, prepare the recruitment now so the LMIA can go in as soon as new rates are published, if the CMA drops under 6%.

Remember the cap too: even where a low-wage LMIA can be processed, an employer can generally have no more than 10% of its workforce at a work location in low-wage TFW positions, or 20% in construction, food manufacturing, hospitals, nursing and residential care and some caregiver positions (ESDC low-wage requirements, modified September 22, 2026).

Your options as a worker whose permit depends on a low-wage LMIA

If your employer-specific permit ends soon and your employer’s new low-wage LMIA can’t be processed, the safest move is to apply for whatever permit you qualify for before your current one expires, so you keep maintained status. The table below shows the main routes and what each one needs.

If you can’t qualify for anything before expiry, you can still apply for a visitor record to stay legally while you sort out the next step, or, within 90 days after status ends, apply to restore it. Restoration does not let you work while it is pending (IRCC, modified August 28, 2026).

What happens to LMIAs and work permit applications already in the system?

ESDC applies the CMA rate in force on the date the LMIA is submitted, so the quarter you file in decides whether it is processed. An LMIA submitted for a frozen CMA in this quarter is returned unprocessed with a letter and no fee charged. A worker who applied to extend before their permit expired keeps working under maintained status while IRCC decides.

• LMIA submitted before the area went over 6%: ESDC processes it, because the rate “at the time of LMIA submission” applies.
• LMIA submitted in a frozen quarter: not processed; ESDC sends a letter and charges no fee. The employer can file again when the rate drops below 6% or under an exemption.
• Positive LMIA already issued: the worker can still use it to apply for a work permit within its validity.
• Work permit extension already filed: if it was filed before the old permit expired, the worker has maintained status and can keep working under the same conditions until IRCC decides (IRCC, modified October 14, 2026).

The October 2026 change: work permits held until the LMIA decision

From October 28, 2026, IRCC holds an in-Canada work permit application filed with a pending LMIA until ESDC decides the LMIA, instead of refusing it after a fixed wait. Before this change the limit was 90 days (raised from 60 days on August 21, 2026). It helps workers whose LMIA can be processed; it does not help where the LMIA is frozen.

What IRCC’s instructions now say (LMIA review instructions, modified October 28, 2026):

• Applications “will be held by IRCC until there is a decision on the LMIA”.
• Concurrent processing is for in-Canada applicants whose permit expires in two weeks or less, whose employer has already filed a complete LMIA, and it is assessed on an exceptional basis.
• The earlier step (60 to 90 days) is on IRCC’s August 21, 2026 program delivery update.

In a frozen CMA this changes nothing for a low-wage job, because ESDC will not decide the LMIA at all. It matters for high-wage and exempt-sector LMIAs.

Mistakes I have seen

• I have seen employers file a low-wage LMIA for a Surrey or Langley job assuming “Vancouver” meant only the City of Vancouver. The Vancouver CMA covers most of Metro Vancouver.
• I have seen workers wait for an LMIA that was never going to be processed and let their permit expire, when they could have filed for another permit or a visitor record in time.
• I have seen job offers moved on paper to another city’s address. The rule follows where the work is really done, and a false location is misrepresentation.
• I have seen workers pay someone for an LMIA or a job offer. Paying for an LMIA is not a legal shortcut, and the worker carries the risk of a misrepresentation finding.

Frequently asked questions

Is Surrey part of the LMIA freeze?

Yes. Surrey is in the Vancouver census metropolitan area, which is at 7.0% for October 9, 2026 to January 7, 2027, so low-wage LMIAs for jobs in Surrey are not processed unless an exemption applies. High-wage LMIAs ($38.40 an hour or more) are not affected.

When does the low-wage LMIA freeze end?

There is no fixed end date. ESDC updates the rates every three months, and the next update is January 8, 2027; if a CMA’s rate falls below 6%, low-wage LMIAs there can be processed again from that date.

What is the low-wage threshold in BC?

$38.40 an hour for LMIAs received on or after July 17, 2026, which is BC’s median hourly wage plus 20%. Jobs paying under that go in the low-wage stream.

Can I still get an LMIA for a farm or construction job in Abbotsford?

Yes. Primary agriculture and construction (NAICS 23) are exempt from the refusal to process, as are food manufacturing, hospitals and nursing and residential care. The usual LMIA requirements still apply.

Can my employer hire me without an LMIA?

Only if you hold or qualify for an open work permit (such as a PGWP or spousal open work permit) or an LMIA-exempt permit. An employer-specific permit for a low-wage job in a frozen CMA otherwise needs an LMIA that won’t be processed this quarter.

Does Chilliwack have the LMIA freeze?

Not this quarter. The Chilliwack CMA is at 5.6% for October 9, 2026 to January 7, 2027, so low-wage LMIAs there can be processed. It was at 7.9% the quarter before.

Do I lose my status if my employer’s LMIA is refused to process?

Not on that day. Your status depends on your own permit or extension application. If you applied to extend before expiry you keep maintained status until IRCC decides; if your permit expired with nothing filed, you have 90 days to apply for restoration.

What should I do right now?

Write down three things: the exact work location, the hourly wage, and the date the worker’s current permit expires. Then check the job against the table and the exemptions above. If the permit expires within the next few months, the decision about which permit to apply for has to be made before that date, not after, because an application filed after expiry no longer keeps status. If an LMIA or work permit has already been refused, our guide on what to do when a work permit is refused covers the deadlines.

Book a consultation with our Surrey, Abbotsford or Vancouver office.

Ready to book? Open the booking form ↑

Sources (official)

• ESDC, Refusal to process a Labour Market Impact Assessment application (CMA rates, quarter dates, exemptions; modified October 27, 2026).
• ESDC, Hourly wage thresholds (BC $38.40 from July 17, 2026; modified October 7, 2026).
• ESDC, Program requirements for low-wage positions (10% and 20% caps; modified September 22, 2026).
• ESDC, Program requirements for high-wage positions ($1,000 fee, recruitment, transition plan; modified September 18, 2026).
• IRCC, Labour Market Impact Assessment review: Temporary Foreign Worker Program (concurrent processing; modified October 28, 2026).
• IRCC, Program delivery update, August 21, 2026 (60 to 90 days).
• IRCC, Extend or change the conditions on your work permit (maintained status; modified October 14, 2026).
• IRCC, Restore your status and get a work permit (modified August 28, 2026).
• Statistics Canada, Vancouver CMA and Abbotsford-Mission CMA component census subdivisions.
• WelcomeBC, BC PNP news (ELSS closed, April 23, 2026).

This article is general information, not legal advice. Every case depends on its own facts.