If Job Bank publishes higher median wages while your LMIA application is in process, you will usually have to pay the new median. Whether you also have to readvertise depends on when ESDC received your application and how far your offered wage falls below the new median. Under ESDC’s internal wage directive, an application filed before the update can usually be saved with a written commitment to pay the new wage. An application filed in the two months after the update must be readvertised if the gap is 6% or more. After that window, the old wage simply fails.
This article is based on ESDC’s Directive on Wage Assessment, released under the Access to Information Act (file A-2025-02072) and presented at the CILA 2026 LMIA Lab. Annex B (Job Bank procedures) and Annex D (stream changes) are the same in the January 13, 2025 and June 23, 2025 versions. It is internal ESDC policy, not a published rule, and may have changed. canada.ca confirms the annual fall update but does not publish the 6% procedure.
Key Takeaways
- Job Bank wages are updated every fall, and Job Bank posts the date on its website.
- Application received before the update: if both your offered wage and your advertised wage met the old median, you agree in writing to pay the new median and do not readvertise.
- Application received within two months after the update: if the gap between your offer and the new median is 6% or more, the file is held and you must readvertise. Under 6%, a written commitment is enough.
- Application received after the two-month window: you must recruit at the updated median. An offer at the old median does not meet the prevailing wage requirement.
- If the higher wage moves the job into the high-wage stream, you do not readvertise, but ESDC will ask for a transition plan.
Why a Job Bank update can derail a pending LMIA
Under section 203(1)(b) of the Immigration and Refugee Protection Regulations (IRPR), an LMIA can be positive only if hiring the foreign worker is likely to have a neutral or positive effect on the Canadian labour market. Section 203(1.1)(a) says that test is not met if the offered wages “are not consistent with the prevailing wage rate for the occupation.”
For most jobs, the prevailing wage is the Job Bank median for the occupation in the economic region, or your own pay range for the same job if higher. Our article on the four sources ESDC uses to set the prevailing wage explains the ranking.
The problem is timing. An LMIA can take months, and the officer compares your wage with the Job Bank figures in force at review, so a wage that was compliant when you filed can fall below the median. The directive notes that such a gap “may be due to an update to the wage data on the Job Bank.”
When does Job Bank update its wages?
Once a year, in the fall. canada.ca states this on its high-wage program requirements page, and Job Bank announces the date by notice. The released directive uses the 2024 update, on December 3, 2024, so the two-month window ran to February 3, 2025.
The date moves each year. When we checked on October 20, 2026, Job Bank’s Ontario wage page said its wages “were updated on November 19, 2025,” which means the fall 2026 update had not yet been posted. Check the current Job Bank notice before you file.
Scenario 1: You applied before the update
This covers files already with ESDC when the new wages were published. Using Job Bank’s historical wage spreadsheets, the officer asks: did both the offered wage and the advertised wage meet the previous Job Bank median?
- Yes. You must agree in writing to pay the new Job Bank median. You do not need to readvertise.
- No. The wage is assessed against the new median and fails. The officer should contact you before deciding.
No 6% test applies here.
Scenario 2: You applied within two months after the update
This is the grace period, and it is where the 6% rule lives. The officer works through three steps:
- Was the application received within two months of the update? If not, see Scenario 3.
- Did both the offered wage and the advertised wage meet the previous median? If not, the wage fails.
- Is the gap between your offer and the new median 6% or more?
The directive gives officers the formula: (current Job Bank median minus wage offered) divided by wage offered, times 100. The gap is measured against your offered wage, not against the new median.
- 6% or more. The application is held pending and you must readvertise according to the minimum recruitment requirements of your stream.
- Under 6%. You agree in writing to pay the new median and do not readvertise.
A hypothetical example, using made-up figures rather than real Job Bank wages: you advertised and applied at $25.00 an hour. If the new median is $26.25, the gap is 5%, so a written commitment is enough. If the new median is $26.75, the gap is 7%, and the file waits while you run a new recruitment campaign at the higher wage. Readvertising means a new minimum recruitment period, which can add weeks to the file.
Scenario 3: You applied after the two-month window
The directive says the special procedures stop applying after the grace period. Employers must then recruit Canadians at the updated median, and an application filed at last year’s median is below the prevailing wage. The officer should still contact you first, but there is no written-commitment shortcut.
A minimum wage increase is handled differently
A provincial or territorial minimum wage increase can push the Job Bank median up at other times of the year, for occupations near minimum wage. Here the directive is more lenient. If your offered and advertised wages met the previous median, you agree in writing to pay the new median, and you are “not required to re-recruit Canadians.” There is no 6% test.
What if the higher wage changes your stream?
ESDC’s system sets the stream automatically from your offered wage and the wage threshold on the submission date. Annex D explains that when an officer enters a higher wage after an update, the system can switch a pending file from low-wage to high-wage.
You do not readvertise to meet high-wage recruitment rules; the officer accepts your low-wage recruitment. You will be sent the “Labour Market Impact Assessment for High-wage Position – Wage and Transition Plan Information” document to complete, because no decision can issue without it.
Is the 6% rule still in force for 2026?
We cannot confirm that. Both released versions still use the 2024 dates, and canada.ca does not publish the two-month window or the 6% figure. ESDC may have changed the procedure since. Confirm the current approach with the officer on your file.
The directive is also not law, as Federal Court decisions summarized in the CILA 2026 LMIA case law handout confirm. In Canadian Reformed Church of Cloverdale v. Canada, 2015 FC 1075, the Court held that ESDC guidelines may be useful benchmarks but cannot be treated as binding legal requirements. In Tufor Holdings Ltd. v. Canada, 2021 FC 1350, the Court found a refusal unreasonable where the officer treated advertising expectations in program materials as mandatory although they were not in the Regulations. The real legal test remains whether the wage is consistent with the prevailing wage and whether you made reasonable efforts to hire Canadians under IRPR 203(3)(e).
Practical steps for employers
- Know the update date. If you advertise in the fall, check Job Bank’s notice first.
- Build in headroom. An offer modestly above the median can absorb a small update. Do not inflate it far beyond the market; our article on why an LMIA wage can be too high explains that risk.
- Keep the ad and the application consistent. The officer checks both wages. If the median rises during recruitment, a CILA 2026 LMIA Lab panelist suggested promptly updating the live ads rather than restarting the campaign.
- Answer the officer in writing. Confirm your commitment to pay the new median in writing and ask which procedure the officer is applying.
- The wage keeps moving after approval. canada.ca says employers must review the prevailing wage each year against updated Job Bank wages by January 1 of the following year, and the wage can never drop below the LMIA wage. Under IRPR 209.3(1)(a)(iv), you must also pay wages substantially the same as, but not less favourable than, the job offer. See our overview of employer immigration compliance.
For the full process from advertising to decision, see our LMIA application guide.
Frequently Asked Questions
Job Bank raised the median after I filed my LMIA. Do I have to readvertise?
Usually not, if you filed before the update and both your offered and advertised wages met the old median. You confirm in writing that you will pay the new median.
What is the 6% rule?
For applications received within two months after a Job Bank update, a gap of 6% or more between your offer and the new median (measured against your offer) means readvertising. Under 6%, a written commitment is enough.
What if I file more than two months after the update?
The grace procedures no longer apply. You must recruit at the updated median, and an offer at the old median does not meet the prevailing wage requirement.
My wage increase moved the job into the high-wage stream. Do I start over?
No. The officer accepts your low-wage recruitment, but you must complete the high-wage wage and transition plan document.
Ask us about your matter
Tell us where your file stands and we will reply within two business days. Please do not send documents or identification numbers in this first message.
Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on LMIA applications and hiring foreign workers. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.
