Amended Regulations Drastically Affect Canadian Temporary Foreign Worker Program
At the beginning of the year, Citizenship and Immigration Canada (“CIC”),
in cooperation with Human Resources and Skills Development Canada (“HRSDC”)
and the Canada Border Services Agency (“CBSA”), proposed
dramatic amendments to the Immigration and Refugee Protection
Regulations. The final amendments were officially published on August 4,
2010, but will not take effect until April 1, 2011. Among the significant
regulatory changes are the following:
1. The Temporary Foreign Worker Program (“TFWP”) has been amended to clarify the process for and establish the factors to be considered in assessing the genuineness of all offers of employment.The new regulations provide a set of criteria by which immigration officers may assess the genuineness of an employment offer. The amended regulations also clarify that genuineness will be assessed in all offers of temporary employment, Labour Market Opinion (“LMO”) and LMO-exempt, where an employer-specific work permit, as opposed to an open work permit, is required. Currently, there are no established factors by which an immigration officer may consider the authenticity of a temporary employment offer. However, before an officer can issue a work permit, he or she must be satisfied that there is an actual job opportunity for the applicant, that the employer is able to employ the applicant, and that the applicant is qualified and able to fill the proffered position. Making a determination that a temporary employment offer is genuine hinges on the following factors:
3. Work permits, with certain exceptions, will be issued for a maximum of four years in duration, followed by a period of four years in which the temporary foreign worker will not be authorized to work in
Temporary work permits in
Jean-NoŽl Ben Hamou, a licensed Canadian attorney and foreign legal consultant in New York in the Immigration Group of Seyfarth Shaw LLP, manages the Firmís Outbound Business Immigration product lines. His practice focuses exclusively on Canadian and other foreign country immigration issues. Mr. Ben Hamou assists organizations with securing temporary and permanent statuses for their employees in Canada and in other foreign countries. Mr. Ben Hamou is experienced in handling high-volume cases and negotiating agreements with senior foreign immigration officials at ports-of-entry, visa offices and pre-approval units to streamline the immigration process. He maintains extensive contacts with key senior immigration officials. He has conducted numerous conferences and seminars on Canadian business immigration in Canada and the U.S.
Michelle Gergerian is a senior member of the Immigration Practice Group of Seyfarth Shaw LLP. She has over ten years of experience in Immigration and Nationality Law, specializing in both temporary nonimmigrant visa petitions and permanent employment and family-based immigrant visa "green card" applications. Ms. Gergerian has also worked extensively on applications for United States citizenship.
The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.