Politics & Policies

Temporary Foreign Workers in Canada – Micro-managed by bureaucrats

I’m no genius. But I don’t think I’m a dummy either. After  practicing immigration law for 40 years, I should be able to navigate any immigration system. I mean, that’s why I have successfully written all of the toughest bar exams in the U.S. and in Canada, right? Well, after four decades, I’ve met my fiercest competitor yet: Canada’s labor market impact assessment (LMIA) program.

Under the LMIA regulations, to hire a foreign worker, a Canadian employer must prove they have made extensive efforts to find Canadian workers that can do the job. Never mind that there is a significant natural restraint on Canadian employers from hiring foreign workers, namely, the cost of bringing them over and helping them settle in the country. An LMIA is still required.

Anyone who has ever filed this kind of application will know the complexity involved: identifying the job duties, avoiding any words that may offend reviewers such as a foreign language requirement, choosing a National Occupations Classification code, deciding whether the job is a high wage or low wage job, identifying the prevailing wage rate, identifying the minimum prevailing wage for the province involved, drafting a transition plan, composing a qualifying job ad, posting the ad properly on the job bank, properly advertising the job according to the regulations, interviewing any possible qualified candidates, providing proper reasons for denials, maintaining ads through the necessary time frame until an LMIA approval is granted, to name only a few. The rules are so complicated, in fact, that it is next to impossible to abide by them, which may very well be the point. They are rigidly micro-managed by bureaucrats that review applications.

Chosen excerpts by Job Market Monitor. Read the whole story at Maneuvering Through The Canadian Labor Market Impact Assessment Program

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