ALMOs are a great thing.They are a fast-track version for applications for Labor Market Opinions. Service Canada will now process Skilled Workers and some other Temporary Foreign Worker (TFW) applications on an accelated basis. Canadian employers now don’t have to wait months and months to hire a TFW. Canada is getting the message that they have to be competitive in the global market place.
Highlights Regarding Accelerated LMOs in Canada
With ALMO’s, the government will “trust” Canadian employers upfront but will crack down hard on them after the fact: they must comply with the Attestations that they make up front and on compliance reviews later on.
With ALMO’s employers have the benefit of:
- Online applications
- TFW webservice
- Registration up front get employers registration so can e-sign
- Lawyers and third party can have access to it.
- Web service information is taken seriously and employers are to be held responsible
Employer Compliance Reviews
- The government will look at previous applications by employers (a 2 year look back) to ensure compliance.
- Look at wages and conditions and skills of TFW
- 30 days for employers to get Service Canada their documents they need
Employers must offer a TFW the prevailing wage in their occupation. The benchmark is now medium wage not average wage. Plus there is some flexibility:
- 15% high skilled wages and 5% low skilled. Employers can give information about their their offer to of wage and ask for some discretion (not applicable in Quebec)
- Employers must conduct advertising consistent with posted wage
Advertising and Recruiting
Wages – Service Canada will look at best intention at wages at the time of posted wage and must advertise in good faith even if posted wages change.
An Immigration Lawyer’s Job in Regards to an ALMO Application to Canada
If employers are not in compliance later on, they will loose their privilege to use ALMO process and therefore we, as lawyers, must make sure our clients know what attestations and compliance requirements are. Employers must read that information and it’s our job to make sure they are complaint and understand it.
We don’t want employers to fail their compliance review
and so we should send a clear email to our clients on what they have to do to comply and make sure that they do so after the TFW is hired.
All in all, the ALMO is a great development in the law!
Do You Need Help With Your ALMO Application?
The VisaPlace Group of Lawyers (VPGs) and their staff are all independent, licensed practitioners who understand how important it is for to you to achieve your immigration goals and have been trained to follow best practices and procedures to maximize your chances of success! If you need help with your ALMO Application, we can help.