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Part II - Labour Market Opinion Analysis

7. Eligibility Criteria

When assessing an application for a Labour Market Opinion, Temporary Foreign Worker Program officers (TFWP) consider the following factors, identified in Section 203(3) of the Immigration and Refugee Protection Regulations, to determine what impact the employment of the foreign worker is likely to have on the Canadian labour market:

1. Whether the employment of the foreign worker is likely to result in direct job creation or job retention for Canadian citizens or permanent residents.
2. Whether the employment of the foreign worker is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;
3. whether the employment of the foreign worker is likely to fill a labour shortage.
4. Whether the wages offered to the foreign worker are consistent with the prevailing wage rate for the occupation and region(s) where the worker will be employed and the working conditions meet generally accepted Canadian standards.
5. Whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents.
6. Whether the employment of the foreign worker is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.

TFWP officers assess both straightforward, measurable criteria such as wages and working conditions and harder-to-measure benefits such as skills transfer and job retention for Canadians. For example, if an employer can demonstrate that a foreign worker with a particular skill set is integral to the business and that hiring him or her will result in the transfer of skills to the Canadian staff or create jobs, then choosing that individual over a qualified Canadian or permanent resident may be acceptable.

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Date Modified:

2011-04-04