LMO Process for Hiring Temporary Foreign Workers

(Below is a transcription of this video)

Hi. My name is Michael Niren. I’m an immigration lawyer and founder of
visaplace.com. Today I’m going to talk to you about L.M.O.s or labor market
opinions. What that is is a permission from Service Canada to a Canadian
company who wishes to hire a temporary foreign worker as opposed to a
Canadian.

Understanding the LMO Process for Hiring Temporary Foreign Workers

Now in order to qualify for an L.M.O., generally speaking, the Canadian
employer has to demonstrate that they’ve made sincere efforts to hire a
Canadian, but still despite their efforts cannot find a suitable candidate.
And that is why they have to hire a foreign worker to fill the position.
That we call the L.M.O. process.

Changes to the LMO Process

Recently there have been some changes to the L.M.O. process. For example,
they now charge a $275 fee to employers whereas in the past it was a free
process. So now employers have to pay the $275 fee. The employers, in
offering the foreign worker a wage, in the past there was some flexibility
in terms of what they can offer, but now the prevailing wage that employers
have to offer is fixed and will be published online. They have to
definitely adhere to that. There’s no more discretion anymore.

They have to advertise on the Job Bank. In most cases, that is the main way
to demonstrate recruitment efforts is posting an ad on the Job Bank. Also,
even before they apply for the L.M.O., employers have to show that they’ve
made efforts four weeks prior to even submitting the application in the
first place.

Complying With the LMO Process for Hiring Temporary Foreign Workers

There are some new changes to the L.M.O. process that employers must be
aware of. Also, very important are compliance requirements. Once a foreign
worker is hired and is employed, the employer’s job is not over. They have
to meet very strict and detailed compliance requirements. The government
has given itself a lot of power to inspect the employer’s place of work as
well as evaluate compliance standards for employers.

If they don’t meet those standards, there could be some harsh penalties
including a bar of two years for hiring future foreign workers. So it’s
very important that employers are very aware of their obligations in
recruiting foreign workers.

Are You Interested in Hiring Temporary Foreign Workers?

Hopefully this has given you some framework to think about and we’re here
to help. Thank you.

Contact our experienced team today, and let us help you in hiring temporary foreign workers.

.

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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