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lmia-based work permit

NEWS

Quebec declares that it will no longer be processing LMIAs for some temporary foreign workers with low wages.

The Labour Market Impact Assessments (LMIAs) that are being processed for job offers with hourly earnings less than $27.47 CAD (the median hourly salary in Quebec) will no longer be processed for candidates in Montréal as of September 3. This legislation has been approved by the Canadian federal government and is anticipated to be in effect for the next six months. Premier François Legault of Quebec and Immigration Minister Christine Fréchette of Quebec announced the suspension this morning with the goal of controlling the number of temporary residents in the province and preserving the integrity of the Temporary Foreign Worker Program (TFWP). Note: People who are in Canada temporarily on a visitor visa, work or study permit, or electronic travel authorization (eTA) are referred to as temporary residents. Discover if You Are Eligible for Canadian Immigration These changes do not apply to: Jobs in a place of work outside of the economic region of Montréal*; Jobs with an offered wage equal to or higher than the current median wage in Quebec ($27.47 CAD); LMIA applications received before the 3rd of September 2024; Employers applying for LMIAs in certain industry groups, as described by the North American Industry Classification (NAICS), including: Agriculture; Construction; Food processing; Education; and Health and social services sectors. *The administrative region of Montréal includes the municipalities of: Baie-d’Urfé; Beaconsfield; Côte-Saint-Luc; Dollard-des-Ormeaux; Dorval; Hampstead; Kirkland; L’Île-Dorval; Montréal; Montréal East; Montréal West; Mount Royal; Pointe-Claire; Sainte-Anne-de-Bellevue; Senneville; and Westmount. The federal government says it will closely monitor this policy as it continues to make decisions about the future of the TFWP. TFWP under attention recently in Canada Canada’s federal program known as the TFWP allows firms to hire foreign workers to assist fill critical labor shortages that cannot be filled domestically. An LMIA is required in order to hire a foreign worker through this stream. Following comments made by Canada’s Ministers of Immigration and Employment, the program has recently come under investigation. Most notably, on August 6th, Randy Boissonnault, Minister of Employment, Workforce Development, and Official Languages, unveiled a series of new initiatives aimed at protecting the TFWP’s integrity, with a focus on the program’s low-wage stream. Boissonnault has previously cited the danger of employers becoming addicted to cheap foreign labour, and emphasized that the TFWP is not meant to circumvent the hiring of Canadian workers in jobs and industries where they are available. He further noted that the low-wage stream of the TFWP was a potential vehicle to artificially depress wages in Canada and stated that the ministry would consider refusing to process LMIA applications under the stream altogether. These sentiments were echoed by Immigration Minister Marc Miller, in recent comments to news agency Reuters. A component of a larger set of actions The TFWP is being modified at the same time that Canada is reevaluating its temporary immigration policies. For instance, Minister Miller declared in March of this year that Canada will be adding levels for temporary residents to the yearly immigration levels plan. To help address this, the IRCC has limited the number of study licenses that can be issued to some overseas students to two years, and they have instituted a Provincial Attestation Letter (PAL) system. In addition to these modifications, Miller has declared his desire to seek new rules pertaining to the granting of Post-Graduation Work Permits (PGWPs) and to increase the number of “domestic draws” aimed at identifying temporary residents who are currently in Canada for permanent residence (PR). Discover if You Are Eligible for Canadian Immigration

NEWS

Are you employed at a global conference in Canada? Find out if a work permit is required.

The start of international events in Canada this summer has drawn tourists from all over the world and covered a wide range of topics, from agriculture to technology. It is crucial that guests to Canada are aware of the precise admission requirements they must fulfill in order to take part in international events in various capacities. The entry requirements for foreign service providers operating under contract at international events will be covered in this article. Note: the Government of Canada defines a “foreign event” as an event held by an organization which is located in – and conducts business from – a country other than Canada. For example, the Collision Conference in Toronto, Ontario, which is hosted by an organization called Web Summit, headquartered in Dublin, Ireland. This foreign event draws thousands of international entrepreneurs, investors and business leaders to Canada annually, and is set to take place in Vancouver next year under the new name ‘Web Summit Vancouver’ from May 27 – 30, 2025. Discover if You Are Eligible for Canadian Immigration Entry requirements for attendees Entry requirements for attendees (those simply attending the event as guests) of foreign events in Canada are straightforward. Attendees are technically tourists to Canada. Attendees must simply meet entry requirements for visitors – like obtaining a visitor visa, or (if from a visa-exempt country) an electronic travel authorization (eTA). Entry requirements for foreign service providers Entry requirements for non-Canadians working foreign events in Canada are more complex. Foreign service providers working under contract for foreign events do not need work permits if they are: event planners; exhibit managers; professional conference organizers; destination marketing company personnel; or event accommodation consultants. However, foreign service providers working under contract to provide the following services do need work permits: Installing or dismantling shows/exhibits; Audio video, staging, or show decorating services; and/or Lighting, carpet laying, carpentry, or electrical work. What kind of work permit is needed for service providers at foreign events in Canada? Non-Canadian service providers at foreign events in Canada typically do not require an LMIA or Labour Market Impact Assessment. Instead, they qualify for an LMIA-exempt work permit known as the significant benefit work permit. To qualify for this LMIA-exempt work permit, you must meet three requirements: You must be working under contract for a foreign event organizer or exhibitor; You must be providing services like audio visual services or electrical work (see the full list of eligible activities above); and You must be supervising and directing local fires at the foreign event. The final requirement is important. You must prove that your role is supervisory–that you will be overseeing local labour rather than completing all the hands-on work yourself. This is because foreign event organizers and exhibitors are expected to hire Canadians to perform labour on the convention floor. If you believe you are eligible for this significant benefit work permit, your work permit application should address all key requirements above by including documents like the formal service agreement, your CV / resume, and more. Visa requirements for foreign service providers and exhibitors In addition to the work permit, foreign service providers (like visitors) working foreign events in Canada will need valid visitor visas or eTAs. Those who are visa-exempt may apply for their work permit at the port of entry to Canada. Those who require visas must apply for their work permit online. If you are applying online, it is important to check processing times to ensure you will meet timelines and obtain your work permit before the event. Contact Cohen Immigration Law for assistance If you plan to work under contract at a foreign event in Canada, the first step is to figure out if you qualify for the significant benefit work permit. Cohen Immigration Law has over 45 years of experience in helping foreign workers and employers navigate Canadian immigration regulations. The law firm can help assess your eligibility and prepare your work permit application, so you can focus on delivering services to your client. Discover if You Are Eligible for Canadian Immigration

NEWS

From employment to education: How Americans might start their Canadian adventure

Online research indicates that Americans and those living in the United States may be considering immigration to Canada as another election cycle approaches in the United States (U.S.). Every year, a small but significant number of Americans immigrate to Canada, many of them being motivated by political upheavals in their native country. Thus, how can Americans and those living in the United States be ready for and travel to Canada? The following resource, created by CIC News, provides answers to many of the most pertinent queries. Discover if You Are Eligible for Canadian Immigration What is the easiest way to move to Canada from the United States? There are a number of ways that citizens of the United States can move to Canada. These can broadly be broken down into: temporary resident pathways; and permanent resident/citizenship pathways. Temporary resident pathways are usually tied to a sing purpose, function, or task that an individual has come to Canada for (i.e.: study permit, work permit, tourist visa, etc.). These pathways allow Americans to live and work and/or study in Canada for a temporary period. Permanent resident pathways on the other hand allow Americans to become permanent residents of Canada, essentially giving them the ability to live and settle in Canada as they wish, while retaining their American citizenship. These pathways are sometimes (but not always) an option only after eligibility is built through a temporary resident pathway. Lastly pathways to citizenship allow Americans to become Canadian citizens as well. American nationals can be dual citizens of both the United States and Canada simultaneously and need not give up one citizenship to attain the other. What are common temporary resident pathways to Canada? This question can be more specifically broken down by the kind of temporary resident status one might pursue: student and worker. How can Americans move to Canada to study? Each year, approximately 15,000 U.S. citizens choose to study in Canada, attracted by the high-quality education system and diverse cultural experiences. Canada boasts over 1,500 universities and colleges. Once accepted by a Designated Learning Institution (DLI), Americans can apply for a study permit. This process involves submitting an acceptance letter, proof of sufficient funds to cover tuition and living expenses, and a provincial attestation letter (PAL), which confirms that the student’s acceptance to an educational institution is recognized by the provincial or territorial government. Eligible international students in Canada can work up to 20 hours a week during the academic year and an unlimited number of hours during scheduled breaks (such as summer or winter vacation), helping to supplement their income and gain valuable work experience. After graduating from an eligible Canadian institution, students can apply for a Post-Graduation Work Permit (PGWP), which allows them to gain Canadian work experience for up to three years (depending on the length of their academic program). This experience can significantly enhance their chances of obtaining permanent residency through dedicated pathways for international graduates of Canadian schools, such as the Canadian Experience Class (CEC) under the Express Entry system. How can Americans come to Canada to work? Americans looking to work in Canada have several options available to them, each catering to different circumstances and types of employment. A Canadian work permit is an essential to work legally in Canada on a temporary basis. Work permits can broadly be broken down into two main types: open work permits and LMIA-based (closed) work permits. LMIA-Based Work Permits: Often, to hire a foreign worker, an employer must secure a Labour Market Impact Assessment (LMIA), which serves as evidence that hiring the foreign worker will have a neutral or positive impact on the local labor market. Once the LMIA is obtained, applicants can apply for a temporary work permit from Immigration, Refugees and Citizenship Canada (IRCC), usually under the Temporary Foreign Worker Program (TFWP). Some occupations may qualify for expedited processing under specific programs, streamlining the hiring process for certain high-demand roles. Open Work Permits: Many work permit holders in Canada do not require an LMIA. Open work permits allow individuals to work for any employer in Canada, with some exceptions. These permits are typically issued under initiatives that fit under the International Mobility Program such as the International Experience Canada (IEC) program (which includes the Working Holiday work permit) or as the Post-Graduation Work Permit (PGWP) for graduates of Canadian educational institutions. Americans in particular have a few work permit options open to them: Global Talent Stream: This federal program, part of Canada’s Global Skills Strategy, allows Canadian employers in high-growth and IT sectors to quickly hire skilled foreign workers when no Canadians are available. The process includes completing an LMIA and meeting specific requirements, such as salary commitments. Work permit applications under the Global Talent Stream are typically processed in one month or less. Canada-U.S.-Mexico Agreement (CUSMA): Formerly known as NAFTA, CUSMA facilitates a streamlined process for U.S. citizens applying for temporary work permits in Canada. Work permits under CUSMA generally do not require an LMIA. U.S. citizens can work in Canada under CUSMA as professionals, intra-company transferees, traders, or investors. Professionals must be qualified in one of over 60 targeted professions. Intra-company transferees must have been employed continuously for their U.S. employer for at least one of the last three years in a managerial, executive, or specialized knowledge role. Traders and investors must demonstrate substantial trade between Canada and the U.S. or significant investment in a Canadian business. Intra-Company Transfer: Given the strong trade relationship between the U.S. and Canada, many American businesses have branches, affiliates, or subsidiaries in Canada. The Intra-Company Transfer Program allows these businesses to bring key employees to Canada without needing an LMIA. Eligible employees, typically in executive, managerial, or specialized knowledge roles, can come to Canada with their families. Working without a Work Permit: Some U.S. citizens can perform work in Canada without a temporary work permit. This includes business visitors who engage in trade activities but do not enter the Canadian labor market. Working Holidays (International Experience Canada): Under the International Experience Canada (IEC) program, U.S. citizens aged 18 to 35 can obtain an open work permit for 12 months. This program is designed for young people, including recent full-time

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