High Wage Earners
Canadian employers looking to hire foreign workers will first need to determine whether they require a Labour Market Impact Assessment. Employers requiring a Labour Market Impact Assessment can only hire the foreign worker through the government of Canada’s Temporary Foreign Worker Program (TFWP). There are two streams under this program – the low-wage stream and the high-wage stream. The stream under which the employer may apply will be determined by the wage being offered and the location of the position. In this blog, we will focus on the high-wage stream, its requirements, the application process and the do’s and don’ts for employers looking to hire foreign workers through this stream.
What is the Temporary Foreign Worker Program’s High Wage Position Stream
Under the Temporary Foreign Worker Program, employers may use the provincial and territorial hourly wage as a guideline for setting the wages for the temporary foreign worker they are looking to hire. If the wage being offered will be at or above the provincial or territorial median hourly wage, then the employer must apply under the stream for high-wage positions.
In setting the wage for the position, the employer must offer a wage similar to what would be paid to a Canadian and permanent resident employee hired for the same job and work location, with similar skills and years of experience. The guideline for setting the wage will be provided by the government and it is important the wage offered is set according to these requirements.
What are the Requirements for Applying under the Temporary Foreign Worker Program’s High Wage Position Stream
Employer compliance to all requirements under the Temporary Foreign Worker program is important and non-compliance can result in penalty, including revocation of the employer’s LMIA. One of the requirements for employers hiring under the high-wage position stream to ensure the position offered is full-time and for a minimum of 30 hours/week.
The employer will need to submit documents showing they have a legitimate business and job offer. This includes demonstrating that it is in the position to fulfill the terms of the job offer (ex: pay the wage offered) and the job being offered is consistent with the needs of the business.
The employer will be required to prepare and submit a business transition plan. This requirement is unique to the high-wage position stream. The plan must outline the steps the employer is taking to reduce reliance on the Temporary Foreign Worker Program, including its plans to hire, retain and train Canadian and permanent residents.
The employer must meet the minimum recruitment requirement demonstrating its efforts to hire qualified Canadians and permanent residents. This is a key requirement and includes the requirement for the employer to advertise the position on job sites for a specified period to allow Canadian and permanent residents to apply for the position. For example, the position must be posted for at least four consecutive weeks within the three months prior to submitting the Labour Market Impact Assessment application.
The job posting must include important details about the company including its name, business address, position title and job duties. The advertisement must target an audience with the appropriate education, professional experience or skill required for the position.
The employer will be required to submit documents proving the advertisements were posted and for the required time period. This may include submitting copies of the advertisement and information showing where it was posted, when it was posted, and for how long.
Finally, the employer will need to have workplace safety insurance set up to cover the temporary foreign worker and ensure employment conditions meet provincial labour standards.
What is the Application Process for Applying Under the High-wage Position Stream for the Temporary Foreign Worker Program
The employer will be required to complete all required government forms, submit all required documentation and pay the processing fee. If the application is not complete, it will be not be processed or it will be returned. A complete application means the forms used are up to date, all required fields are completed, and forms are signed.
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