LMIA process - from my experience/positive result/less than 10 employees company

[sportas]

As I had people contacting me about LMIA process, I will start the thread to help as much as I can.

My employer got positive LMIA for the position seamstress/fabric cutter, Skills level B, NOC 7342, seasonal job from Oct until Jun. WP issued from Jan2015 - Sept 2015.
The company has less than 10 employees. I don't know how much revenue they had per year.
$3000 lawyer's fee, $1000 government fee. I worked out the second one, even not legal, but if I didn't commit, my employer would not enter the process.

After carefully reading the links bellow, consider hiring the expert if you are tight with the time and have concerns will the process be on time to secure you staying in Canada.

When putting the add out, don't rush but very carefully revue the add. Read the NOC description for your occupation and create the add and the job description to match NOC description AND your qualification and experience. Employer have to show that you are the ONE who has extra experience and/or education and he really needs you. In my case it was VERY helpful that we stated how I am going to coach canadians/ employees of the company, for the same job. We also did small coaching plan.
In reality that IS what I am going to do, but nobody is interested to do that job - that is why my employer was wiling to enter the process for me.

https://drive.google.com/file/d/0B6WJ7qPfxPNncnIwR2t0UHN1dW8/view?usp=sharing - here are guidelines from my lawyer.

Here are some links to start with:
http://www.cic.gc.ca/english/work/employers/lmo-basics.asp
http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

 

[Hariboy]

As I had people contacting me about LMIA process, I will start the thread to help as much as I can.

My employer got positive LMIA for the position seamstress/fabric cutter, Skills level B, NOC 7342, seasonal job from Oct until Jun. WP issued from Jan2015 - Sept 2015.
The company has less than 10 employees. I don't know how much revenue they had per year.
$3000 lawyer's fee, $1000 government fee. I worked out the second one, even not legal, but if I didn't commit, my employer would not enter the process.

After carefully reading the links bellow, consider hiring the expert if you are tight with the time and have concerns will the process be on time to secure you staying in Canada.

When putting the add out, don't rush but very carefully revue the add. Read the NOC description for your occupation and create the add and the job description to match NOC description AND your qualification and experience. Employer have to show that you are the ONE who has extra experience and/or education and he really needs you. In my case it was VERY helpful that we stated how I am going to clash canadians/ employees of the company, for the same job. We also did small coaching plan.
In reality that IS what I am going to do, but nobody is interested to do that job - that is why my employer was wiling to enter the process for me.

NOTE: I will edit this post later (have to go to work ) with more details on further steps. I really want to share all little details that help to ensure you successful application.

Here are some links to start with:
http://www.cic.gc.ca/english/work/employers/lmo-basics.asp
http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

Thanks a lot for your inputs. Did they ask your company for any action plans to be undertaken. I am under Skill level A and just posted the ad for my position through my company yesterday in 3 different websites. If u have any info on the job posts it would be very helpful for everyone who is following this post.

 

[sportas]

What specifically you are trying to find out, Hariboy?
When I was talking about add I meant - job posting. Is that what you were asking me about?
By action plan, in my case was the plan to coach Canadians. We provided them with written plan they we together created (myself and employer).
What my employer found they liked was the fact that she was answering their requests promptly and showed that she really need me as worker. When they were looking for the information, she would clarify what ever was needed and discuss about it to make sure that she understands what they want ale WHEN they want it. Usually she would respond with proper information or documents right away or witting 2-3 business days.

 

[evanstp9]

Very helpful, thanks!

Could you provide some specific details?

Was your wage below or above the prevailing/median for your profession?

If the employer has less than 10 employees and you were low-wage, then he was exempt and didn't submit the low-cap part of the form, correct?

 

[RosieGZ]

Hi friends!

I am also under NOC 7342, and I was creating my profile under EE, but.... I am at the point on where you have to select your NOC and It is not there!?!?!?!?!
WTF!!!???

too much for one day..... how did you create your profile then!? Somebody help plz!!! :-\
-------------------------------

edit:

I found it appears under NOC 6342, but my LMO and all the other papers shows 7342.
Do you think this could be a future problem?

 

[sportas]

Hi friends!

I am also under NOC 7342, and I was creating my profile under EE, but.... I am at the point on where you have to select your NOC and It is not there!?!?!?!?!
WTF!!!???

too much for one day..... how did you create your profile then!? Somebody help plz!!! :-\
-------------------------------

edit:

I found it appears under NOC 6342, but my LMO and all the other papers shows 7342.
Do you think this could be a future problem?

I would play safe and triple check what is going on with that code#. Human Resources and Skills Development Canada web site give this search result for 7342, but no search result for 6342.
http://www30.hrsdc.gc.ca/NOC/English/NOC/2006/QuickSearch.aspx?val65=7342
Statistics Canada web site gives you the result for 6342 - http://www23.statcan.gc.ca/imdb/p3VD.pl?Function=getVD&TVD=122372&CVD=122376&CPV=6342&CST=01012011&CLV=4&MLV=4

In this case I would consider Human Resources and Skills Development Canada information more relevant.

The job description is almost the same if not 100% same. I had LMOs under few codes in two occupation: skydiving videographer and dressmaker. And when researching I noticed that they at some point changed the code for dressmaker, but at the time when I submitted my CEC application, NOC 2011 was relevant. So make sure to find out did they change anything when EE was open for applicants.
The reason why they changed code for skydiving videographer was simply because they don’t have the code for that occupation, so they put me where ever the officer thought I belong. I even had two codes on my LMO at some point, because skydiving job was seasonal. As I was working for same employer, I had skydiving jumpsuit dressmaker position for the rest of the year.I made sure to mention those codes in my application, however as I am not familiar with EE, you could find it difficult due to automated system.

 

[sportas]

Very helpful, thanks!

Could you provide some specific details?

Was your wage below or above the prevailing/median for your profession?

If the employer has less than 10 employees and you were low-wage, then he was exempt and didn't submit the low-cap part of the form, correct?

My wage on LMIA was $14. That would be slightly the median. $13 is minimum. The lawyer and the officer explained that wages can in reality go up, but not bellow what is on positive LMIA. Now I am making $16.
I have the copy of the application submitted . Can you tell me what page and the question you are referring to, please?

 

[evanstp9]

My wage on LMIA was $14. That would be slightly the median. $13 is minimum. The lawyer and the officer explained that wages can in reality go up, but not bellow what is on positive LMIA. Now I am making $16.
I have the copy of the application submitted . Can you tell me what page and the question you are referring to, please?

The minimum for my occupation, as well as Ontario is $11.

I don't have it in front of me right now, away from home.. but I started looking into it, as PR application will be returned (December applicant).
My employer wants to help and apply, but has no idea, so I will have to guide him through that.

Do you think you could upload it (of course black out any sensitive personal info) on Google Drive e.g., and I could send you my inbox my email, so you could share it with me?

 

[seton]

I would caution everyone that would the OP did was illegal, and given the current political climate in Canada, I wouldn't be surprised if the ESDC audited the employer's payroll in the future. The government has a lot of information (personal tax returns, corporate tax returns, EI claims) which, if they actually put it all together, could identify some of these cases. One of the conditions of issuing an LMIA is that there isn't a kick back from the employee to employer (i.e. refunding legal fees or overstating wages to obtain a positive assessment). This has been in the news quite a bit last year and there's quite a bit of political sensitivity to these arrangements, especially in an election year this year.

 

[sportas]

I would caution everyone that would the OP did was illegal, and given the current political climate in Canada, I wouldn't be surprised if the ESDC audited the employer's payroll in the future. The government has a lot of information (personal tax returns, corporate tax returns, EI claims) which, if they actually put it all together, could identify some of these cases. One of the conditions of issuing an LMIA is that there isn't a kick back from the employee to employer (i.e. refunding legal fees or overstating wages to obtain a positive assessment). This has been in the news quite a bit last year and there's quite a bit of political sensitivity to these arrangements, especially in an election year this year.

I am not sure what do you consider illegal in my case. I have no issues as my LMIA and WP are legal as my job and position as well. Can you be more specific, please?

 

[sportas]

The minimum for my occupation, as well as Ontario is $11.

I don't have it in front of me right now, away from home.. but I started looking into it, as PR application will be returned (December applicant).
My employer wants to help and apply, but has no idea, so I will have to guide him through that.

Do you think you could upload it (of course black out any sensitive personal info) on Google Drive e.g., and I could send you my inbox my email, so you could share it with me?

I will prepare it and upload it tonight or tomorrow, as soon as I can, promise...the link will be in this thread. Also, have a look at the lawyer’s guide in one of my links posted in my privies posts.

 

[gsidhu05]

@sportas

Did you apply for LMIA in ontario ?

 

[Hariboy]

What specifically you are trying to find out, Hariboy?
When I was talking about add I meant - job posting. Is that what you were asking me about?
By action plan, in my case was the plan to coach Canadians. We provided them with written plan they we together created (myself and employer).
What my employer found they liked was the fact that she was answering their requests promptly and showed that she really need me as worker. When they were looking for the information, she would clarify what ever was needed and discuss about it to make sure that she understands what they want ale WHEN they want it. Usually she would respond with proper information or documents right away or witting 2-3 business days.

Ok thanks a lot. First, when applied your LMIA were u already working? Coz in my case I am already working and have WP till the end of 2016. I want LMIA for EE.
Also after you applied did did ESDC tell your employer to wait for some more time or adopt other ways to employ a canadian?

 

[sportas]

@ sportas

Did you apply for LMIA in ontario ?

Yes. Workplace in Brampton.

 

[sportas]

No, Hariboy, I did not work. I did already have Canadian work experience in the field, but at that moment I was back to visitor status for few months. ESDC didn’t tell my employer to wait. They are already in the business for over than 5 years or more. Small business, sole proprietorship, just went out of home based business two years ago. 2-3 employees and 3-5 contractors. All seasonal job positions.
My LMIA was for WP employer specific or close WP, same thing. I already had my CEC in preparation and was not going to wait for EE. My CEC was filed Oct 10/2014 and I am hoping to be the lucky one. They charged my CC Dec 31/2014.