Among all the immigration laws labor management impact assessment (LMIA) program of Canada is considered to be the toughest. To hire a foreign worker under the regulations of LMIA, the employers have to prove that they have done an extensive search to find a Canadian employee for the job. If the employer fails to meet any of the LMIA requirements, then the application can be rejected. To save both the employer and the employee of this kind of frustration, it is best to consult with best Mississauga immigration lawyer beforehand.
Below are some of the most important requirements of LMIA which the employer needs to fulfill properly to get a green light from the service Canada.
The Ways Worker Can Enter
The total process begins when the employer extends an offer to a foreign national who can become the prospective employee. There are three major points through which the employee can enter Canada.
- Working without Permit: Certain foreign nationals, such as the business visitors can work in Canada without getting the proper permit.
- Working without Labor Certifications: Immigration regulations of Canada also permit some of the foreign nationals to work in Canada with a permit while not having the labor certification. To avail this process, the employer has to apply to the service Canada for an LMIA as a precondition, so that they can obtain the work permit. If you find all these legal processes too difficult to understand, it is best that you contact best Mississauga immigration lawyer.
- Applying for LMIA: The employers have to apply for the labor market impact assessment if they cannot avail any exemptions for the foreign national. To make the application the employer has to flash the job advertisement on a major website for at least 30 days. However, the best Mississauga immigration lawyer might find some exemptions from this time frame for the employers.
To meet the advertising requirements, the employers must advertise the position on the Federal Government job bank. Before sometimes the employers could post the job on the regional counterpart of work BC. However, according to the new law, it is now mandatory to post the job on the job bank. You might find all these changing laws confusing. Get in touch with the best Mississauga immigration lawyer to understand as an employer what is expected from you.
The new rules dictate that the employers must use the job match service while advertising the post in the job bank. This service matches the candidate in the job bank according to the requirements of the posted job. The service also uses a ranking system which ranks the employees from one to five. In case of the high wages jobs, the employers must call all the matched job seekers to apply for the position. This invitation procedure should be completed within 30 days of the job advertisement. The matched job seekers, in this case, have to get 4 or more stars to get a call for an interview. There are also other legal issues which you should consider before applying for the LMIA. To avoid disappointment, you should consult with best Mississauga immigration lawyer when you start thinking to import foreign employees.
To make this hectic process easier for you and your prospective foreign employee, you should not hesitate to get good counsel beforehand.