 Hiring Temporary Foreign Workers: Top 10 Things Employers Should Know Home/Business Law, Immigration Law/Hiring Temporary Foreign Workers: Top 10 Things Employers Should Know Previous Next Hiring Temporary Foreign Workers: Top 10 Things Employers Should Know By Jeff Kahane|2017-06-27T02:25:56+00:00June 27th, 2017|Business Law, Immigration Law|Comments Off on Hiring Temporary Foreign Workers: Top 10 Things Employers Should Know foreign workers, Canada, immigration, permit, work in Canada foreign workers, Canada, immigration, permit, work in Canada Temporary Foreign Workers What Employers should Know About When Hiring A Temporary Foreign Worker Are you a Canadian employer thinking of hiring temporary foreign workers? Have you tried finding qualified Canadian workers without success? If you answered yes to both questions, under Canadian immigration law, you may need to apply for a work permit under the Temporary Foreign Worker Program (TFWP). Work permit applications are divided between two categories: (1) those -- Our discussion will be centered around work permit applications that require a Labour Market Impact Assessment (LMIA). For more information on LMIAs and the Temporary Foreign Worker Program. 1) What is an Labour Market Impact Assessment? -- employer made reasonable efforts to find a qualified Canadian or Canadian permanent resident to do the job. If a positive or neutral LMIA is issued to an employer, it allows for the qualified foreign worker to make an application for a work permit to authorize them to work for (a) the specified employer; (b) in the specified occupation; and (c) in the specified location. Some applicants, in addition to a -- A positive or neutral LMIA is often required prior to hiring temporary foreign workers. Additionally, it can be important for foreign workers hoping to apply for permanent residence in Canada. Under the current Express Entry System, each person is ranked according to the points they score. (Points are awarded based on factors such as age, level of education, and language abilities). Only individuals who collect the most points are invited to apply for permanent residence. Foreign workers who obtain a LMIA based job offer are awarded a sum of points that improves their chances of getting an invitation to submit an application for permanent residence in Canada through the Express Entry -- intimidating for many employers. On April 29, 2016, the Canadian government made big changes to the TFWP program and brought in new requirements for employers wishing to hire foreign workers. Now, employers must do more to recruit Canadian workers targeting those who are under-represented in the workforce such as newcomers, the disabled, women and youth. Here is a breakdown of the things you should know -- In 2017, the government announced 29 high-skilled job categories that Alberta employers at not allowed to hire temporary foreign workers for. Instead, employers will be directed to the Employer Liaison Service, a two-year pilot program, that connects them with unemployed qualified -- High Wage Positions If you are paying a foreign worker a high wage for a job, you must file a “Transition Plan” which outlines steps that you are planning to take to reduce your company’s reliance on hiring temporary foreign workers to fill job positions in the future. Low Wage Positions If you are hiring temporary foreign workers for certain low wage positions, you may be subject to a hiring cap. This cap limits the number of low wage foreign workers you may hire for your company. 6) What Other Factors Will Impact My LMIA Application? -- approved. The new requirements that the government will look at include: • If the number of foreign workers who work for your business is under the cap established by the government • If the job position advertised and the company is genuine -- • If the employer have made reasonable attempts to hire or train Canadians and Canadian permanent residents for the job • If the foreign worker hired will fill a labour shortage • If the foreign worker’s job will help create job opportunities for Canadians or transfer new skills and knowledge to Canadians 7) How Do I Advertise the Job? An employer must advertise the job to Canadian workers, before making a LMIA application. The job must be advertised in a specific way for at least 28 days. There are also other very specific requirements that you -- compliance reviews to make sure employers are following the rules. 9) Other Common Issues With Hiring Temporary Foreign Workers Common issues employers face after getting an approved LMIA include failing to pay foreign nationals for overtime hours, not enough wages or hours given to employees, or hiring a temporary foreign worker in an unauthorized location or occupation. -- • Advising on job advertising requirements • Writing effective Transition Plans and records of effectiveness • Making sure you comply with new laws regulating temporary foreign workers Immigration Lawyer Help With Hiring Temporary Foreign Workers Our immigration law team can help with the application process for hiring temporary foreign workers immediately. Call our no charge Canadian immigration lawyer line or email us. The quickest way to connect with us is by sending an email. Want to talk to a live person