On April 25, 2012, Human Resources and Skills Development Canada (HRSDC) introduced their new Accelerated Labour Market Opinion (A-LMO) initiative.
The A-LMO will apply to temporary foreign workers in higher skilled (NOC O, A and B) positions but will not apply to the Seasonal Agricultural Worker Program, the Agricultural Stream, or the film and entertainment sectors.
The goal of the new initiative is to issue Labour Market Opinions (LMOs) to applicants within ten (10) business days.
Criteria for Employers:
To participate in this program, employers must meet the following criteria:
1.Employers must have been issued at least one (1) positive LMO in the previous two (2) years;
2.Employers must have a clean record of compliance with the program within the last two (2) years;
3.Employers must not have been the subject of an investigation, infraction or a serious complaint; and
4.Employers must not have any unresolved violations or contraventions under provincial laws governing employment and recruitment.
Standard considerations for LMOs will continue to apply, but the new initiative will introduce a system by which attestations for certain assessment criteria can be submitted in lieu of actual documentation. The attestations may then be reviewed through subsequent compliance reviews.
A-LMOs will continue to be based on the following considerations:
1.Genuineness of the job offer;
2.Wage offered; and
3.Whether the job is likely to fill a labour shortage
Compliance Reviews: Prior to partaking in this initiative, employers must consent to partake in a compliance review. This consent will allow HRSDC/Service Canada to perform a review of any A-LMO or LMO which has been issued to the employer in the past two (2) years.
The selection for reviews may be random, or based on information received after the issuance of the A-LMO.
If an employer is found to be non-compliant, they will have the opportunity to provide a justification as well as to take action to correct their non-compliance if applicable.
Non-compliant employers may be subject to the following consequences:
Ineligibility to partake in the A-LMO initiative going forward;
1.Potential revocation of LMOs for work permits which have not been issued as yet;
2.Findings of compliance reviews may be shared with federal and provincial partners and investigated further;
3.More in depth examination of pending and future LMO applications.
The Application Process:
A-LMOs can be submitted through paper applications or online through the Temporary Foreign Worker Web Service.
Those who want to partake in this new initiative must register online and by mail. Upon receipt of the paper application, Service Canada receives will determine whether or not the employer is eligible to participate in the A-LMO and Web Service initiatives.
What Happens to Pending Applications:
Pending LMOs can be withdrawn and re-submitted through the new A-LMO initiative provided the applications are for the same position. HRSDC/ Service Canada should be informed in writing when the A-LMO is submitted.
For further information with respect to US and Canadian immigration or to find out if you or a company employee is eligible for temporary or permanent relocation to Canada or the US, we invite you to contact our experienced immigration lawyers and attorneys by contacting the Bomza Law Group at:
1-800-993-9971 or by clicking here: “Contact Us”.