Express Entry: LMIA requirements (Higher-skill, low wage category positions)

[ThisIsHoof]

I may be applying for an LMIA under the Higher-skilled stream, as a Low-wage category position.
I've some questions about the requirements in the link: esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/general//index.shtml

Part 2.Requirements, states the following:

"Employers offering a wage to a Temporary Foreign Worker(TFW) that is below the provincial/territorial median hourly wage will be subject to a maximum 10% cap on the proportion of low-wage TFWs."

-One exemption to this requirement is if a company has less than 10 employees.
Can anyone give more details about this exemption?
Are Low-Wage category positions required to submit a Transition Plan?
Are Low-Wage category positions required to do Recruitment, Retention & Training activities?
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Part 3.Wages, Working Conditions and Occupations, states:

"Employers applying for a labour market impact assessment (LMIA) must pay the TFW:
-at a minimum, the posted prevailing wage(median wage) for the occupation and work location where the TFW will be employed"

This contradicts my first question. Is this applicable to the Low-wage category? Do I, or do I not need to be paid the median wage or higher?

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Part 4.Recruitment and Advertisement states:

"Employers are required to conduct recruitment efforts to hire Canadian citizens and permanent residents, before offering a job to TFWs."

Once again, is this applicable to the Low-wage category, or just the High-wage category position?

-

From what I gather from the Part 2.Requirements section, Low-wage category positions are assessed on calculating the cap, whereas High-wage positions are based on Transition Plans?
If the LMIA application fee is waived for Express Entry applicants, and no Transition Plans (eg. job advertisement, training, etc.) are necessary, will this LMIA application be free for my employer?

I know its very specific, buy any insight will be helpful.

Cheers.

 

[gabu1980]

Hey,

Have you found any extra info in regards this subject ??? I'm a bit confuse, to my understanding someone is eligible to get and LMIA on a high skilled occupation with a low wage as long as they don't represent more than the 10% of the company work force. is that the way it is ???

if that's not the case does the company has to paid the median wage to the employee base on the noc code for the job or base on the provincial median wage?

thanks,

 

[ThisIsHoof]

I think that's right Gabu. But i'm not sure if you need to be paid the median wage or the low wage. You can see what you wage is locally here http://www.jobbank.gc.ca/LMI_report_bynoc.do?&noc=2252&reportOption=wage