Changing the Face of Immigration - Canada by Rami Fakhoury
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Rami Fakhoury of Fakhoury Global Immigration covers the changing face of immigration in Canada at the 2014 INSZoom Immigration Conference. #iic2014
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Changing the Face of Immigration - Canada by Rami Fakhoury
- 1. FAKHOURY GLOBAL IMMIGRATION A LEADER IN BUSINESS-BASED GLOBAL IMMIGRATION © 2014, Fakhoury Global Immigration
- 2. About Us • FGI founded in 2006: Worldwide team of immigration attorneys and consultants • FGI’s vision is to provide our clients with an outstanding immigration experience that leverages smart technology, delivers simple and clear solutions and always provides exceptional results • FGI’s Six Sigma and Project Management approach simplifies what can be very complicated processes © 2014, Fakhoury Law Group, PC
- 3. Service Offering: Global Presence in Over 100 Countries © 2014, Fakhoury Global Immigration
- 4. Changes to Labour Market Impact Assessment 1. Name Change & New Fee: The Labour Market Impact Assessment will replace the Labour Market Opinion (LMO). A government filing fee of $275 CAD per LMIA application is assessed. 2. Prevailing Wages: The prevailing wage rate, for an occupation, must be © 2014, Fakhoury Law Group, PC adhered to for the work location. 3. Recruitment Process & Period: The process now requires that advertisements are placed in 3 different sources. One source must remain posted until LMIA is issued. 4. More Information Required from Employers: This includes statistics about Canadian workforce and recruitment numbers. 5. Significant Increase in Government Audits: The new compliance monitoring program is supported by an additional $230 CAD work permit fee. Employers who breach requirements will face serious implications.
- 5. Changes to Requirements for Intra-Company Transfer Work Permits • Specialized Knowledge: Canada implemented a more rigorous definition of Specialized Knowledge and mandatory wage requirements for Intra-Company transfer work permits (ICT). An applicant must have BOTH proprietary knowledge and advanced expertise. • Proprietary Knowledge: Company specific expertise related to a company’s product or services. •Advanced Expertise: Specialized knowledge gained through significant and recent experience in the organization. • Mandatory Wage Requirements: An applicant who possesses specialized knowledge should receive a salary or wage consistent with an industry specialist. © 2014, Fakhoury Law Group, PC
- 6. Canadian Immigraton Process Map © 2014, Fakhoury Law Group, PC Is Foreign National an Intra- Company Transfer? No Submit LMIA Application Is LMIA Approved? Hire a Local Canadian Process Work Permit Application No Yes Yes
- 7. © 2014, Fakhoury Global Immigration WEBSITE www.fakhouryglobal.com CALL 248.643.4900 (US office) EMAIL global@employmentimmigration.com carmen@employmentimmigration.com LOCATION 3290 West Big Beaver Road Suite 501 Troy, MI 48084
Editor's Notes
- The Labor Market Impact Assessment (LMIA) will replace the Labour Market Opinion (LMO). Prevailing Wage: The prevailing wage is said to constitute a more accurate reflection of occupational skill level and local labour market conditions. Recruitment Period: National/Provincial Job Bank for at least 28 days (must remain posted until LMIA is issued) Two other sources of advertising, one of which must be national in scope. LMIA is a more rigorous screening mechanism Requires additional information from employers: Number of Canadians that applied for the job, Number of Canadians the employer interviewed, and Explanation if Canadian applicants were not hired Tougher Enforcement and Harsher Penalties for Noncompliance Number and scope of inspections to be significantly increased Introduction of significant monetary fines of up to $100,000 CAD New compliance monitoring program, which will be supported by the addition of a $230 CAD work permit fee. “Open” work permits will be subject to an extra $100 CAD fee.
- In order to have specialized knowledge to meet Canada’s requirements, an ICT applicant will be required to demonstrate a high degree of BOTH proprietary knowledge AND advanced expertise. It is important to note that proprietary knowledge only OR advanced expertise alone, will no longer qualify the applicant under an ICT with specialized knowledge. Proprietary Knowledge – company specific expertise related to a company’s product or services. Company has not divulged specifications that would allow other companies to duplicate product or service. Advanced Proprietary knowledge – uncommon knowledge of host firm’s products or services and application in international markets OR an advanced level of expertise or knowledge of enterprise’s processes and procedures including production, research, equipment, techniques, or management. Advanced Level Expertise – specialized knowledge gained through significant (length of experience) and recent experience in the organization. Salary: Should be consistent with an industry specialist. Specialist would receive above an average salary. This requisite sets a wage floor salary baseline for the assessment of applications.