English and French must be the only languages that can be distinguished as job requirements both for LMIAs and for job vacancy advertisements unless the employer can prove that another language is otherwise required. Employers must also advertise all job vacancies in the Canadian job market for at least four weeks before applying for an LMIA and are required to prove that they have used at least two other recruitment methods in addition to having posted an advertisement on the Canadian Job Bank website.
Employers must focus advertising efforts on groups of Canadians who are under-represented, such as Aboriginals or persons with disabilities. The transition plan should indicate how the company plans to reduce their reliance on temporary foreign workers. Proof of investment in skills training or hiring Canadian apprentices are examples of how employers can prove they plan to reduce their reliance on temporary foreign workers.
Proof that the employer is assisting their high-skilled temporary foreign worker in becoming a Canadian permanent resident can also qualify as the transition plan.
If the employer is chosen for an inspection or if they apply to renew their LMIA, they will be required to report on the progress of their transition plan. Employers are required to attest to their awareness that they are prohibited from laying off or cutting the hours of Canadian workers if they employ foreign workers.
You must convince the officer reviewing your application that there is a need to hire foreign workers and that you are not taking jobs away from Canadians.
You must meet all of these conditions for your application to be approved. You should expect the time from when you fill out and submit your application until the time you receive a labour market opinion to take at least three months. An approved labour market opinion is called a positive LMO. Once you have your application approved, the worker must take a copy of the positive LMO along with other required documentation to apply for a temporary work permit.
This unit can also explain the additional paperwork requirements if the worker needs a positive LMO or temporary work permit. Unlike high-wage workers, however, they are subject to a cap that limits the number of low-wage temporary foreign workers a given business can employ. This cap will be phased in over the next two years, to allow Canadian employers time to transition to a Canadian workforce.
LMIA processing times can be somewhat unpredictable, ranging from a couple of weeks, to a few months. The following categories will now be processed with a business-day service standard:. August 27, by Matthew Watt. Latest electronic pre-screening news What does eTA mean for the criminally inadmissible?
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