Labor Market Opinion applications filed on or after July 31, 2013 are subject to new requirements and a new processing fee.
The Canadian government today announced that effective immediately, Labor Market Opinion (LMO) applications within the Temporary Foreign Worker Program (TFWP) are subject to additional recruitment requirements and restrictions on using foreign language skills as a job requirement. There is also a new $275 processing fee for LMOs, which applies to each position requested. The changes apply to applications submitted on or after July 31, 2013.
Employers are now expected to more clearly demonstrate via the LMO process that job vacancies they intend to fill with foreign workers cannot be filled with Canadians. Employers are required to advertise positions offered to proposed foreign workers for at least four weeks before applying for an LMO. Previously, employers were required to advertise positions for two weeks.
In addition to advertising on the national Job Bank website or the equivalent provincial or territorial websites, employers must now advertise positions using at least two other recruitment methods that are consistent with the advertising practices for the occupation. If hiring for a highly skilled occupation, one of these methods must be national in scope. If the employer is hiring for a low-skilled occupation, the employer must show that it has made efforts to target under-represented groups in the labor force.
There are new limits on using foreign language skills as a job requirement. Unless an employer can demonstrate that a foreign language is essential for a position, English and French are the only languages that employers can identify as a job requirement, both in the LMO application and in their recruitment efforts.
Four questions pertaining to an employer’s outsourcing practices have been added to the LMO application form. It is unclear at this time what impact these new questions will have on LMO adjudications.
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