How to Make a Job Offer and Hire Permanent Workers

Get a Labour Market Impact Assessment

When looking to hire a foreign worker permanently, there are several steps that one must consider and take prior to hiring that individual. These steps are taken in order for the foreign worker to immigrate to Canada as a skilled worker. You may be able to hire this individual by offering them a job through Express Entry. Specifically, Express Entry is an advanced system that is utilized to manage applications for economic immigration programs, such as the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. The only way that a Canadian employer can hire a foreign national permanently is if there are no Canadians or permanent residents to fill the intended position. In this article, I will address how to make a job offer and hire permanent workers through Express Entry supported by a Labour Market Impact Assessment (LMIA).

Steps Before Making a Job Offer

As previously mentioned, when hiring a foreign worker permanently, a Canadian employer may be able to do so through Express Entry in order to meet the needs of that company when they cannot find any Canadian or permanent resident to fill the intended job. Specifically, for skilled work, the Express Entry candidates must fall under Skill Type 0 and Skill Level A and B in the National Occupational Classification (NOC). This NOC system is utilized to classify jobs and occupations with detailed descriptions of the specific job duties and responsibilities.

In order to make a valid job offer to a foreign worker, you must first make sure you are not favoring the foreign worker over any Canadian or permanent resident. In other words, as the Canadian employer, you must first try and find a Canadian or permanent resident to fill the intended job. By doing this, the Canadian employer must meet some requirements which include posting the job ad on the Government of Canada’s Job Bank and sufficient advertising elsewhere, at least 2 places.

If the Canadian employer has done this and unfortunately has not been able to hire any Canadian or permanent resident, then they may apply for a Labour Market Impact Assessment (LMIA) through Employment and Social Development Canada/Service Canada (EDSC). In order to receive a positive LMIA, ESDC must confirm that there is a need for a foreign worker to fill the position. At this point, once you have received the positive LMIA, you may offer the job to the Express Entry candidate. Luckily for the candidate, once they are offered the job, they may be invited to apply for permanent residence in the next invitation round form the Express Entry pool.

In conclusion, the two steps that Canadian employers must do in order to hire a foreign worker permanently is:

• Receive a positive LMIA from Employment and Social Development Canada/Service Canada (ESDC), in most cases and
• Offer a valid job to the Express Entry candidate supported by an LMIA – it must be for at least one year after they get a permanent resident visa.

How to Make a Valid Job Offer

It is very important to note that making a valid job offer is different based on the specific Express Entry economic immigration program, such as the Federal Skilled Worker Program, the Federal Skilled Trades Program and the Canadian Experience Class. In order to issue a valid job offer, the Canadian employer must comply with all of the different requirements. Below, I will address the requirements for a valid job offer for each program.

Federal Skilled Worker Program

• For a minimum of one year after the issuance of the permanent resident visa, non-seasonal and full time, and
• Skill Type 0, which are managerial occupations, or Skill Level A, which are professional occupations, or B, which are technical occupations and skilled trades in the NOC.

Federal Skilled Trades Program

• For a minimum of one year of full-time work
• Skill Level B, which are technical occupations and skilled trades, in one of the eligible occupations, and
• Have working conditions and wages comparable to those offered to Canadians or permanent residents working in that specific occupation.

Keep in mind that for this specific economic immigration program, the valid job offer can be made by up to 2 Canadian employers.

Canadian Experience Class

For this specific economic immigration program, a valid job offer is not a requirement; however, Express Entry candidates may be able to attain additional points under the Comprehensive Ranking System for a job offer.

Therefore, in order for the Express Entry candidate to get additional points, the offer must be:

• For a minimum of one year after the issuance of the permanent resident visa, non-seasonal and full time, and
• Skill Type 0, which are managerial occupations, or Skill Level A, which are professional occupations, or B, which are technical occupations and skilled trades in the NOC.

Another very important aspect of having a positive LMIA is that a Canadian employer may be able to make a valid job offer for an employee who already has a temporary work permit as the LMIA would still be valid under Express Entry.

Contact Akrami & Associates

If you are a Canadian employer and would like to apply for an LMIA and hire a foreign worker permanently, we can help you with this process. Applying for an LMIA can be confusing if you are unfamiliar with how Immigration applications work. Moreover, any Immigration application can become overwhelming if done alone; therefore, it is highly recommended that you seek out professional and experienced help before attempting to apply. Additionally, it is extremely important that you take into consideration the aforementioned steps prior to submitting your application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients acquire foreign workers for their business. If you believe that you might be eligible for an LMIA, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!