Accelerated LMOs (ALMOs)
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.
Here are some highlights of Accelerated LMOs.
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
What is an immigration lawyers job in helping employers with ALMO Applications?
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!
Any information provided here does not constitute legal advise and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.