For Employers/LMIA Applications/Restaurants & Food Service

Sector Guide

LMIA for Restaurants & Food Service

Food service is the sector most affected by the 2024–2026 tightening of the Temporary Foreign Worker Program. We would rather tell you plainly what is and is not possible than take you through an eight-week recruitment campaign for an application that cannot be processed.

NAICS 72

10% cap

Most affected by the freeze

Honest assessment first

CMA freeze in effect July 10 – October 8, 2026

10%

Cap — Food Service Is Not on the 20% List

NAICS 72

Accommodation & Food Services

CMAs Frozen for Low-Wage

$1,000

LMIA Fee per Position

The honest picture for restaurants

Two rules stack against food service at the same time. First, most restaurant roles pay below the provincial wage threshold, which puts them in the low-wage stream. Second, most restaurants are located in cities — and low-wage LMIAs are not processed in census metropolitan areas with unemployment at 6% or higher. Toronto, Vancouver, Calgary, Edmonton, Montréal and many others are currently affected. If you run a restaurant in one of those cities and the role is low-wage, an LMIA cannot be processed today, no matter how genuine your labour shortage is or how thoroughly you advertise. Food service is also not on the elevated 20% cap list, so you remain capped at 10%.

Which stream applies to you

The line between high-wage and low-wage is the provincial wage threshold — the median hourly wage plus 20% — not the job title. Most cooks, servers, kitchen helpers, and counter staff fall below it. Some senior roles, such as experienced chefs, kitchen managers, and restaurant managers, can be offered at or above the threshold, which moves them into the high-wage stream — where there is no cap and the CMA freeze does not apply. That is the single most useful question to ask about your vacancy before anything else.

Wage Thresholds by Province

The wage thresholds below were updated July 10, 2026 and apply to LMIA applications received on or after July 17, 2026.

Alberta$37.50

British Columbia$38.40

Manitoba$31.33

New Brunswick$31.73

Newfoundland and Labrador$33.60

Northwest Territories$48.00

Nova Scotia$31.96

Nunavut$45.00

Ontario$36.92

Prince Edward Island$31.20

Quebec$36.00

Saskatchewan$34.62

Yukon$45.60

The two rules that decide your outcome

Food service is capped at 10% — it is not on the 20% list

The elevated 20% cap covers construction (NAICS 23), food manufacturing (NAICS 311), hospitals (NAICS 622), nursing and residential care (NAICS 623), and specific in-home caregiver occupations. Restaurants and accommodation (NAICS 72) are not included. Note the distinction that catches people out: food *manufacturing* and processing gets 20%; food *service* does not. If you have fewer than 10 workers across all your Canadian locations, you are limited to a single low-wage temporary foreign worker.

Food service is not on the freeze exemption list

ESDC exempts a specific set of sectors from the refusal-to-process measure — primary agriculture, construction (NAICS 23), food manufacturing (NAICS 311), hospitals (NAICS 622), nursing and residential care (NAICS 623), and certain in-home caregiver roles. Accommodation and food services is not among them. So the freeze applies to you in full: low-wage LMIAs are not processed in census metropolitan areas with unemployment at 6% or higher — precisely where most restaurants operate. Note the distinction that catches owners out twice over: food *manufacturing* is exempt from both the freeze and the 10% cap; food *service* is exempt from neither. The freeze does not apply outside CMAs, and it does not apply to high-wage positions anywhere.

26 census metropolitan areas are currently affected by the low-wage freeze (July 10 – October 8, 2026). The list is refreshed quarterly — next update October 9, 2026. See the full list and rules.

Occupation Worth Flagging

NOC	Occupation
62020	Food service supervisors

Food service supervisors (NOC 62020) are worth calling out because the occupation is currently paused under the Atlantic Immigration Program, and Nova Scotia has paused new NSNP intake for the accommodation and food services sector (NAICS 72) generally. Cooks, chefs, servers, kitchen helpers, and counter staff each carry their own NOC and their own analysis — we confirm the exact code for your vacancy before any advertising begins.

Your realistic options

These are the levers that actually change the answer for restaurants & food service employers. Which one fits depends on your wage, your work location, and your existing workforce.

Check whether the role can be offered as high-wage

If the wage is at or above your provincial threshold, the position leaves the low-wage stream entirely — no cap, no CMA freeze, 4 weeks of advertising instead of 8. This is realistic for chefs, kitchen managers, and restaurant managers far more often than owners expect, and it is the first thing we test.

Locations outside a census metropolitan area

The freeze is tied to CMAs. A restaurant in a census agglomeration or a rural area is not subject to it, and employers in rural areas of participating provinces may also qualify for temporary measures on the cap. If you operate multiple locations, the analysis can differ site by site.

Consider whether an LMIA is the right instrument at all

Some candidates already have — or can obtain — status that does not require an LMIA, through the International Mobility Program, a post-graduation work permit, or a spousal open work permit. Hiring someone who already holds an open work permit sidesteps this entire process. We check this before recommending an LMIA.

Permanent residence pathways instead of temporary hiring

If your need is structural rather than seasonal, a provincial nominee or Atlantic Immigration Program route may serve you better than a temporary work permit — though note the current NAICS 72 and food service supervisor pauses. This needs a current, province-by-province check.

Where restaurant employers get into trouble

Recovering the $1,000 LMIA fee from the worker through deductions, cash-back, or reduced hours — prohibited outright, and a frequent inspection finding.

Paying below the wage stated on the LMIA, including through unpaid overtime, unpaid prep or close time, or tip-pooling arrangements that reduce the effective wage.

Scheduling below the full-time hours the LMIA was based on.

Moving the worker between locations, roles, or duties that differ from the offer of employment.

Starting an 8-week advertising campaign before checking whether the location is frozen — the most expensive avoidable mistake in this sector.

Non-compliance can carry penalties of up to $100,000 per violation, to a maximum of $1 million per year, plus a program ban and public disclosure. See employer compliance.

How Asteco helps restaurants & food service employers

The rules change quarterly and the cost of getting them wrong is an eight-week recruitment campaign for an application that was never going to be processed. Our RCIC-regulated team tells you where you stand before you spend anything.

Tell you honestly, up front, whether an LMIA is viable for your location and role — before you spend anything on recruitment

Test whether the position can be structured as high-wage, which removes both the cap and the freeze

Check every one of your locations against the current CMA freeze list

Confirm the correct NOC code and calculate your 10% cap position across all worksites

Identify candidates who may already be work-permit eligible without an LMIA

Plan and document the 8-week advertising and youth-recruitment sequence where a low-wage application is viable

Advise on provincial nominee and Atlantic Immigration Program routes, including current sector pauses

Prepare and submit the application as your authorized representative

Review your pay and scheduling practices against TFWP compliance obligations before an inspection

Frequently asked questions

Can I get an LMIA for a cook in Toronto right now?

If the wage is below the Ontario threshold, no — Toronto is a census metropolitan area currently above 6% unemployment, so low-wage LMIA applications for Toronto work locations will not be processed. If you can offer the role at or above the Ontario threshold, it becomes a high-wage application, which the freeze does not affect.

Why do restaurants only get a 10% cap when construction gets 20%?

The elevated 20% cap is limited to specific sectors — construction, food manufacturing, hospitals, nursing and residential care, and certain in-home caregiver roles. Accommodation and food services (NAICS 72) is not among them. Food manufacturing and food service are treated very differently, which surprises many owners.

Does the freeze apply to my restaurant if it is in a small town?

Only census metropolitan areas are subject to the freeze. If your location is in a census agglomeration or a rural area, it is not affected — your application remains eligible for processing regardless of the local unemployment rate.

Everyone tells me this is impossible. Is it?

Not impossible — but genuinely constrained, and the honest answer depends on three things: your wage, your location, and your existing workforce mix. A short assessment tells you definitively rather than expensively. If it is not viable, we will say so.

Disclaimer: LMIA requirements, wage thresholds, CMA freeze lists, and program rules are established by ESDC and are subject to change without notice. The CMA unemployment freeze list is updated quarterly — always verify current status at canada.ca before submitting an application. This page reflects program requirements as of July 15, 2026. This information is for general guidance only and does not constitute legal or immigration advice. Consult Asteco before making any LMIA-related decisions.

Can you actually hire?

We will tell you honestly — before you spend a dollar on recruitment.

Get an LMIA Assessment Contact Asteco

Quick Facts

SectorNAICS 72 — Accommodation & Food Services

Low-Wage Cap10% (not on the 20% list)

Freeze ImpactHigh — most locations are in CMAs

Small Employers1 TFW if under 10 total workers

Best LeverStructuring the role as high-wage

Information reflects TFWP rules as of July 15, 2026. Program criteria, wage thresholds, and the CMA freeze list are set by ESDC and change without notice. This page is for general information only and does not constitute legal or immigration advice.

Other LMIA Guides

The rules land differently depending on your sector and where you operate. These guides cover the specifics.