Need a Work Visa in Canada or in the USA?
Identifying the right type of work permit among the many programs available is highly sensitive. It requires a careful examination of your needs to ensure compliance with US or Canadian immigration law while also finding a solution that will meet your objectives and timetable. With the help of our immigration professionals, we can identify the best work permit option for you and your business.
Canada Work Permits
Are you an entrepreneur, or an employee looking to work for a Canadian employer? Well, if you’re not a Canadian citizen or permanent resident, you need to apply for a closed or open work permit. Similarly, if you’re visiting Canada for business purposes, you’ll need to obtain a business visitor visa.
Identifying the right type of work permit or visa is an extremely sensitive and important issue. Getting a work visa in Canada as a temporary or permanent resident requires a careful examination of your circumstances to ensure compliance with Canadian law, while finding the smoothest solution available to you.
Like with any important business move, it is important to have a good plan. And like with business, finding the right partners and advisors is often an important part of the solution.
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LMIA based Regular Process
By default, the submission of an application for a work permit must be accompanied by the result of a Labor Market Impact Assessment (LMIA). An LMIA is a document whose objective is to show that no Canadians are available to fill said employment position. In most cases, the Canadian employer may need to obtain an LMIA before hiring a foreign worker, unless an exemption is applicable. We outline below the most common LMIA exemptions.
A positive LMIA confirms the need for an employer to hire a foreign worker to do the job. It also states that no Canadian worker is available. A favorable LMIA is sometimes called a confirmation letter.
However, some permits are exempt from this long and costly process. When evaluating options for a potential client, it is important to assess whether the prospect would qualify for an exemption.
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Global Talent Stream: A fast track for high skilled workers
Canada wants to attract innovative companies and high skilled workers. However, the processing time to get work permits for foreign workers can sometimes be a major hassle for fast-growing companies. That’s why in 2017 the Canadian government created the Global Talent Stream in order to allow certain high skilled workers to obtain a work permit in as fast as (2) two weeks for visa-exempt nationals.
There are two categories of employers under this program.
Category A
Category A of the program is for high-growth companies that can demonstrate a need to recruit unique specialized talent from abroad and who are referred to the Global Talent Stream by a designated referral partner. The lists of designated referral partners can be found here:
Designated referral partners outside Quebec
Designated referral partners in Quebec
Category B
Category B is for employers looking to hire certain highly skilled foreign workers for certain designated occupations.
Global Talent Occupations List
For these foreign workers, the processing time to get a work permit will take only two (2) weeks for visa-exempt nationals or four (4) weeks when a visa is required (this translates into priority processing of two (2) additional weeks at the Visa Office).
Conditions:
- Pay the prevailing wage* to the foreign worker.
- Develop a Labour Market benefit plan outlining the benefits that the foreign talent will bring to the Canadian Labour market as well as presenting the activities that the employer will undertake to encourage job creation, skills and training investments.
- For Category A employers, commit to creating jobs for Canadian citizens and permanent residents. This job creation may be direct or indirect.
- For Category B employers, commit to increasing investments in skills and training for Canadian citizens and permanent residents.
- Employers in both categories must commit to (2) two further complimentary benefits such as investment in skills and training, transferring knowledge to Canadians, improving the company’s performance, job creation, etc.
For more information on this program, don’t hesitate to contact one of our attorneys.Contact Us
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*Prevailing wage
For the purpose of the Global Talent Stream, you must pay the prevailing wage which is defined as the highest of either:
- The regional median hourly wage posted on Job Bank
- The wage that is within the wage range that you are paying your current employees hired for the same job and work location, and with the same skills and years of experience
Under Category A, for the first 2 unique and specialized positions requested by an employer and approved by the TFW Program per calendar year, at least $38.46 per hour that amounts to no less than a base salary of $80,000 annually. For any additional unique and specialized positions requested by the employer (in other words, more than 2) and approved by the TFW Program per calendar under Category A, at least $72.11 per hour that amounts to no less than a base salary of $150,000 annually
Under Category B, for occupations with wage floors, employers must offer the hourly wage rate at minimum. Annual wage floors are provided for illustrative purposes only
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USA Work Permits
In today’s global market, international mobility solutions are key to your business’ success.
Whether you are an American or international company seeking to hire foreign talent or transfer executives to an existing U.S. branch or plan to establish one, we can facilitate the process for you.
If you are an employee and wish to work for an American employer or if you plan to engage in trade or invest in the US, we can assist you in obtaining the right work permit.
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