Canadian Employer looking to hire their son living in the USA? Best method

[VermiciousKnish]

Hey Folks,

Would appreciate some help here. Have no experience with work permits and was asked to help a couple who run a long term care facility here in Canada on how they can bring their son who is living in the USA to come work here temporarily for them. Their Daugher in-law (who is CDN) will be sponsoring him in the future but for now he would like to work here temporarily.

The son is a speech language pathologist which does not seem to covered under NAFTA work permit? The parents here in CAN require a speech language pathologist in their facility and figured they would rather hire their son than a stranger. What is the appropriate way to go about this? Can someone explain or direct to a post that breaks down the LMIA and how easily/likelihood one can obtain one? When I called a law firm they said as long as there is a job offer they will do the rest for $5000. Can they guarantee this? How does the process work? Wait times? Where to begin? CIC website is not very clear on getting a LMIA. ???

Any help appreciated,
Vermy

 

[scylla]

No one can guarantee that an LMIA will be approved.

The first step is for the employer to advertise the job for at least a month to prove no Canadian could be found for the role. The LMIA application then has to be submitted along with all of the related paperwork and $1K fee. Processing could take as long as 2-4 months. If the LMIA is approved, the son could then travel to Canada and obtain his work permit at the border based on the approved LMIA and job offer.

 

[VermiciousKnish]

No one can guarantee that an LMIA will be approved.

The first step is for the employer to advertise the job for at least a month to prove no Canadian could be found for the role. The LMIA application then has to be submitted along with all of the related paperwork and $1K fee. Processing could take as long as 2-4 months. If the LMIA is approved, the son could then travel to Canada and obtain his work permit at the border based on the approved LMIA and job offer.

How does an employer prove no one else could be found for the role? And where must the employer advertise? Is a local paper enough? What if many people respond to the ad but the employer does not think they are qualified for the position? Or perhaps nixes prospective employees in order to save the spot for his son?

 

[scylla]

How does an employer prove no one else could be found for the role? And where must the employer advertise? Is a local paper enough? What if many people respond to the ad but the employer does not think they are qualified for the position? Or perhaps nixes prospective employees in order to save the spot for his son?

No - the local paper is certainly not enough. It has to be more extensive than that. I would recommend the employer spend time researching the LMIA process in detail to ensure they understand all of the steps and don't miss anything that could automatically result in a refusal. Start here: http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

If the employer nixes prospective employees in order to save spot for his son then the employer should expect to have the LMIA refused. When the LMIA is processed, one of the assessments done is whether it is reasonable to assume the employer should have been able to easily find a Canadian for the role based on current market trends, vacancies, number of individuals looking for work in various professions, etc. If it's felt there are plenty of Canadians to fill the role in that geographic area, then expect a refusal.

 

[VermiciousKnish]

No - the local paper is certainly not enough. It has to be more extensive than that. I would recommend the employer spend time researching the LMIA process in detail to ensure they understand all of the steps and don't miss anything that could automatically result in a refusal. Start here: http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

If the employer nixes prospective employees in order to save spot for his son then the employer should expect to have the LMIA refused. When the LMIA is processed, one of the assessments done is whether it is reasonable to assume the employer should have been able to easily find a Canadian for the role based on current market trends, vacancies, number of individuals looking for work in various professions, etc. If it's felt there are plenty of Canadians to fill the role in that geographic area, then expect a refusal.

So how do many immigration law firms pretty much guarantee a work permit when you provide the job offer? For the right price, it seems like if you have a legitimate job offer they will do 'the rest".

 

[zardoz]

So how do many immigration law firms pretty much guarantee a work permit when you provide the job offer? For the right price, it seems like if you have a legitimate job offer they will do 'the rest".

Treat any law firm that even remotely "guarantees a work permit" based on a "job offer" as extremely suspect. All they can do is assist with the application and ensure that you have completed all the required documents. If ESDC don't believe that you have advertised and interviewed in good faith, the LMIA will simply be refused, lawyer or not.

 

[VermiciousKnish]

Treat any law firm that even remotely "guarantees a work permit" based on a "job offer" as extremely suspect. All they can do is assist with the application and ensure that you have completed all the required documents. If ESDC don't believe that you have advertised and interviewed in good faith, the LMIA will simply be refused, lawyer or not.

As a whole, what percent of LMIA applications are approved?

 

[zardoz]

As a whole, what percent of LMIA applications are approved?

It is not possible to say, partly because ESDC don't publish up to date statistics http://www.esdc.gc.ca/eng/jobs/foreign_workers/lmo_statistics/index.shtml and partly because they don't give a success ratio.