For Canadian employers looking to hire a temporary foreign worker through the Temporary Foreign Worker Program (TFWP), they will now be required to invite candidates who acquire a number of stars in relation to the position. As of August 28, 2017, there will be a new rating system in which employers will be matched with workers registered in the Canadian government’s Job Bank. The Canadian government has named this new feature its Job Match Service. In this article, I will address the new changes to the Temporary Foreign Worker Program (TFWP) and how this ultimately affects Labour Market Impact Assessment (LMIA) applications.
The purpose of the new Job Match service is to permit Canadian employers to view anonymous profiles of registered job seekers. The profiles of these job seekers reflect and coordinate with the skills and job requirements that are listed in the employer’s job posting. These matches will essentially be rated under a 5-star system. Therefore, the more stars that the job seeker can accumulate for the intended position, the greater the compatibility with the Canadian employer.
It is important to note that the new Job Match service directly affects Labour Market Impact Assessment (LMIA) applications, specifically the high-wage and low-wage streams. Canadian employers that are hiring through the TFWP are required to obtain a positive LMIA prior to hiring a temporary foreign worker for the intended position. When a positive LMIA is issued, it is considered evidence that no Canadian citizen or permanent resident was available for the intended job.
Furthermore, not all temporary foreign workers require an LMIA. Therefore, it is vital to research ahead of time about whether or not an LMIA is required.
Unless it is stated that the Canadian employer can hire a temporary foreign worker without first receiving a positive LMIA, Canadian employers are obligated to abide by certain advertising requirements prior to applying for an LMIA. With the new changes coming into effect on August 28, 2017, Canadian employers, from provinces and territories, are still required to post and advertise the intended job on the Canadian government’s Job Bank and at least two other methods of recruitment that are related to the occupation. It is mandatory that to post on the Job Bank if the Canadian employer is from a provincial or territorial that has a job board. Additionally, the Canadian employer may also use the respective job board as one of the two other methods of recruitment.
When applying for an LMIA application, there are two very different streams to choose from which are the high-wage stream or the low-wage stream. Depending on whether the employee is paid less or more than the provincial/territorial median wage for the intended job will essentially determine whether the position is a high-wage or low-wage position. If the employee is paid below the provincial/territorial median wage for the intended job, then they would fall under the low-wage stream. On the other hand, if the employee is paid at or above the provincial/territorial median wage for the intended job, then they would fall under the high-wage stream.
With regards to the changes effective on August 28, 2017, Canadian employers that will be hiring an employee in the high-wage stream will be obligated to invite all job seekers that have matched within 30 days of the job being posted on Job Bank. Keep in mind, the job seekers will only be invited to apply for the position if they have a star rating of four or more stars.
In contrast, Canadian employers that will be hiring an employee in the low-wage stream will be obligated to invite all job seekers that have matched within 30 days of the job being posted on Job Bank. Keep in mind, the job seekers will only be invited to apply for the position if they have a star rating of two or more stars.
Employment and Social Development Canada/Service Canada (ESDC), which is the department that oversees all LMIA applications, has not indicated whether Canadian employers are mandated to interview job seekers that apply for the position and have been invited to apply under the new job match service. However, if this does become a requirement, ESDC will announce it accordingly. Additionally, as aforementioned, some employers are exempt from obtaining a positive LMIA prior to hiring a temporary foreign worker. Therefore, it is essential that all Canadian employers research beforehand whether or not they are required to obtain an LMIA. There are also certain employers that have different advertising requirements compared to others. Thus, it is also important to search the specific LMIA advertising requirements for each intended job position prior to posting the advertisements.
If you are a Canadian employer and would like to apply for an LMIA to hire a temporary foreign worker, we can help you with this process. Applying for an LMIA can be confusing if you are unfamiliar with how Immigration applications work. Moreover, any Immigration application can become overwhelming if done alone; therefore, it is highly recommended that you seek out professional and experienced help before attempting to apply. Additionally, it is extremely important that you take into consideration the aforementioned changes prior to submitting your application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients acquire temporary foreign workers for their business. If you believe that you might be eligible for an LMIA, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.
With Akrami & Associates, there is always a way!