Accelerated Labour Market Opinion
The Canadian government released a new program A-LMO which applies to employers who are hiring temporary foreign workers in highly skilled positions. (NOC 0, NOC A and NOC B) The main goal of this program is to reduce the amount of paper and respond to the needs of employers in a timely manner while meeting the labour market needs. In reading the new guidelines employer must meet the following criterias prior to submitting a labour market opinion for approval:
- Issued at least 1 positive LMO in the previous 2 years
- Clean record of compliance with the temporary foreign worker program in the last 2 years
- Have not been subject to an investigation or serious complaint
- Have not had any unresolved violations under provincial laws regarding employment or recruitment
In addition to the above an employer must demonstrate and Service Canada will continue to base their decision on the following criterias:
- Job offer
- Wage is in line with NOC code
- Will the job fill a labour market opinion
- Advertising requirements
An employer who has met all the above criterias will be able to participate in the A-LMO process and Service Canada will issue a positive A-LMO within 10 days. If even one of the above criterias has not been met the A-LMO fails to meet the requirement and will be automatically transferred to the regular or basic LMO process.
In my opinion the accelerated labour market opinion is a great next step and process for service Canada to offer to employers to fill the current labour market shortage we are facing. In most cases an employer has met all the regular or basic LMO requirement, posting an ad on several job boards, different recruiting venues and strategies and meeting the wage requirements. But in some cases, when an employee’s recruitment efforts in Canada have failed, it has to seek a candidate to fill the vacant position from overseas or other nations. Therefore when a candidate has been identified the new A-LMO process being available will assist in filling the vacancy, having the candidate ready to relocate to Canada or continue in the position.
I have used the new A-LMO process in my current role to reapply for a current employee whose work permit was expiring in a month and to receive a positive decision within 10 days of submitting the application has barely disrupted the business, the employee’s personal status in Canada and the business needs. What an easy stress free process. Service Canada has recognized the employer’s need and the shortage we currently face and have answered with the A-LMO process.
Some individuals are having a hard time and think it’s unfair that a 15% decrease in wages or paying the same wage as a Canadian employed in the same occupation can be applied. However I also agree this is the correct step to take to ensure there is no wage discrimination between employees performing the same job and working the same hours. I will be using this process more going forward.