NOC B help

[JoshJoshua]

Hi guys,

Could you plz help with NOC B 9217?!


1. I've been working for garment company for almost 3 years now. My job description and responsibilities match Noc 9217 but as I said my company doesn't produce fabric, textile but cloth-wear/garment. Do I qualify under this NOC for Express Entry or FSW program?

2. My current Open WOrk Permit expires in less than 2 months and my boss is willing to to help me to extent my work visa or to apply to permanent residency.
The question is I've been underpaid all these 3 years, and only now they raised my wage. Is this may be a reason for refusal to FSW or EE Canadian Experience Class PR?
DOes LMIA office judge current wage (provincial median) or the wage I've been paid while I earned my CEC?

I appreciate your help!
Josh

 

[gabu1980]

Hey Josh,

have you gotten any news???

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.

but I'm a bit confuse find the link for the "stream for higher skilled occupations on the esdc website" (Section 2.Requirements mentions

offering a wage to a 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.

, then you read 3. Wages, working conditions and occupations seems to be contradictory as the prevailing wage section on this last one states that unless the offer pays the median wage the LMIA will be refuse.

Prevailing Wage:

Under the Temporary Foreign Worker Program, the prevailing wage rate is identified as the median hourly wage (or annual salary as published on Job Bank) or higher for the particular occupation and work location. Employers must also ensure that they include the wage being paid for the position, as part of their advertisement of the available position.

Employers must review and adjust (if necessary) the TFW’s wage after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and work location where the TFW is employed.

In addition, employers must ensure the wage offered to the TFW is not below any:

Applicable federal or provincial/territorial minimum wage rates; or
Wage schedules set by provincial/territorial legislation (e.g. Manitoba Construction Industry Wages Act).

Employers offering a wage that is below the prevailing wage rate will be considered as not meeting the labour market factor for the assessment of wages and therefore, will be issued a negative LMIA.

Let me know is you got any info that might be helpful, hope that everything goes well for you.

later