Description

Canada Needs Workers! Part 1: LMIAs and RCICs: 8 CPD Hours 

 

RCIC Marjorie Quintos and her team have completed THOUSANDS of LMIA and Work Permit Applications while working for one of the largest Workforce Solutions Companies in Canada: Mercan. 

This is a unique opportunity to learn from a real guru in this subject, so be sure to let us know your questions about this topic by clicking here so we can answer them during the webinar! https://www.surveymonkey.com/r/JMGZH2C 

 

Event Date: This live webinar was conducted on June 7 2022, from 12:30-21:50 (Eastern Time).

There was a total of 8 hours of live, interactive webinar time.

 

Cost: $240 for this webinar video or part of our CPD Bundle.

 

Instructor: Kyle Broda, RCIC, M.Ed., M.A. and Marjorie Quintos, RCIC

 

Attendance: This event was hosted by live webinar from our offices at 1555 Rue De La Visitation, Montreal (Quebec) H2L 3C2. You are purchasing a video of the event.

 

Organization: RCICCPD by ExamPreparation.ca. 

This organization is a recognized CPD provider by the CICC and the Law Society of British Columbia.

 

Registration link: https://rciccpd.ca/product/8hourslmia/ 

 

Language: English

 

Agenda: This is the breakdown of the event.

 

Event Title: Canada Needs Workers! Part 1: LMIAs and RCICs: 8 CPD Hours 

Introduction to the ‘Larger Picture’

• Introducing RCIC Kyle Broda
• Course outline and opening questions.
• Data on Foreign Workers in Canada.
• Worker shortage in the news
• Data on Canada’s need for workers
• Where do Canada’s workers come from?
• Which employment areas in Canada need foreign workers?
• Foreign Workers, LMIAs and Employers as described in Canada’s Immigration Legislation.
• Relationship between LMIAs and Quebec
• Relationship between LMIAs and PNPs
• Data on integration rates for workers who transition into PR vs economic immigrants

Recent LMIA and Work Permit changes from The ESDC Temporary Foreign Worker Program Workforce Solutions Road Map 

Effective as of April 4, 2022: (5 minutes and includes the bullet points below)

• Labour Market Impact Assessment valid for a maximum period of eighteen months
• Seasonal Cap extended to 270 days
• High-Wage and Global Talent Stream work permit and employment duration extended to 3 years

Effective as of April 30, 2022: 

• Removal of the 6% Refusal to Process policy
• 30% cap for low-wage employers in certain sectors
• 20% cap for all low-wage employers

Possible future trends regarding Canada’s workforce reliance on foreign workers and immigration

The role of RCICs in the LMIA and TFW world 

Requirements for RCICs working with LMIAs and Foreign Workers

Licensing requirements: 

• Canada: Nationally and Provincially
• Internationally

 

Who’s the boss? 

• Navigating the relationship when the RCIC is representing the worker and the employer
• Special considerations when working with companies who have in-house immigration and human resource services vs outsourcing to an RCIC
• Special considerations to only saying as much as is needed when a worker is rejected

 

The RCIC – Employer Relationship and Process

Practical advice on the types of businesses that may need workers:

• Deciphering if an LMIA is actually possible
• Understanding the seriousness of the investment from an employer’s perspective
• Businesses that are likely eligible for an LMIA in terms of IRCC/ESDC requirements
• Businesses that have employees they want to hire vs not
• Step by Step guide on explaining the LMIA and Work Permit process to employers
• The most common employer questions and misconceptions that RCICs need to clarify

Assessing employer needs:

• Genuineness of the need to hire foreign workers
• Past experiences with LMIAs and foreign workers
• Roles and pay-rates for current workers
• Current situation with workers and their immigration status
• Employers with one site vs. multiple sites
• Business forecasts

Example of typical employer questionnaire to be completed before the initial consultation 

Group discussion on additional questions to consider in the initial consultation with an employer

 

Steps in the initial consultation

• The difference between a consultation with an employer vs employee
• The Initial Consultation Agreement as per Section 23(1) of the CICC Code
• Managing client expectations as per Section 22 of the CICC Code
• Demonstrating cultural sensitivity as per Section 21(1)(d) of the CICC Code
• Practical tips regarding clients transitioning (or not!) into retaining your services after this initial consultation
• Examples of typical initial consultation questions from employers and how to answer clearly
• Explaining ESDC compliance inspections and possible outcomes

Steps in providing immigration services after the initial consultation

• The Service Agreement as per Section 24 of the CICC Code
• Fee structure considerations when working with LMIAs
• Issues (and solutions!) experienced while representing employers in LMIA processes

Cover Letters in LMIA processes

• The importance of a processional, well written cover letter
• What to include (and not!)
• Analysis of 3 Examples Cover Letters in LMIA processes

 

 CICC Professional Conduct considerations in managing the RCIC, employer and employee relationship: Real-life scenarios on how the following sections of the Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees guide the activities of RCICs who work with LMIAs and Work Permits

• Section 4 Standards of profession
• Section 5 Duty of loyalty
• Section 6 Duty of honesty and candour
• Section 7 Duty of civility
• Section 8 Relationship of trust
• Section 15 Conflicts of interest
• Section 16 Unauthorized behaviours
• Section 17 Recruitment services
• Section 18 to 22 Competence
• Section 23 Initial consultation
• Section 24 Service agreement
• Section 25 Obligation of confidentiality

 

May 2022 ICCRC/CICC Discipline Committee Decisions relating to RCICs working with LMIAs 

• Actions, violations and outcomes for all parties

Beyond the first LMIA: Special considerations when additional services for employers in the following areas:    

• Additional LMIAs
• Language Training for Workers
• Additional Workers
• Additional Work Permits
• Strategies to retain current foreign workers
  • Work Permit Extensions
  • PR options

Beyond the Work Permit: Special considerations when providing ongoing services for workers in the following areas: 

• Work Permits
• Work Permit Extensions
• Accompanying Family Considerations
• Permanent Residency Options
• Family Sponsorship
• Citizenship

Misinformation and scams RCICs and clients need to be aware of:

• Group discussion on scams RCIC have heard of
• Present the following answers:
  • RCIC impersonation
  • Fake job offers
  • Fake community offers

 

Business and Marketing Considerations when working in the LMIA/WP Area

• Who to market to: General Public vs Workers vs Employers
• What type of message to portray
• How much time to spend on marketing
• Marketing of Immigration or Citizenship Consulting Services as per Sections 41 to 43 of the CICC Code

Q&A 

 

Introducing RCIC Marjorie Quintos

• Course outline and opening questions.
• 5 quick tips on managing client expectations when the client is an employer
• Defining the different types of LMIAs
• A quick review of recent LMIA changes and their real-time effects

 

Low Wage LMIAs 

• Who is a typical employer and worker?
• An ideal Low Wage LMIA process
• Balancing immigration consulting and corporate consulting when working with LMIAs
• What to advise when an employer pays lower than the median to Canadian workers
• What to do when the employer wants the RCIC to screen local candidates

 

Occupations and the Low Wage LMIA 

• Cap exempt vs non-exempt
• Cap calculation in assessing the employer’s needs
• Difficulties in cap assessment
• Cap calculation form
• Employer’s current staff immigration status relating to foreign worker possibilities
• Change of staff during LMIA processing

 

Advertising is the FOUNDATION of a successful Low Wage LMIA Process

• The importance of under-represented groups
  • Using a paid site vs jobsite
• Jobs that are exempt from advertising requirements
• Does the RCIC role extend into advertising on behalf of the employer?
• Ad visibility
• Ways job applicants can contact the employer
• CONSISTENCY across job bank and the NOC
• Base wage vs median wage for occupation and location
• What to do when the job is unionized and the median wage is lower than the union wage
• What to do when the employer wants to exceed the minimum education and experience requirements for the job

 

Business Legitimacy Considerations 

• The importance of RCICs being able to understand financial statements
• Submitting financial statements as part of the LMIA application
• Keeping an eye out for negative balance
• Proof of the ability to pay the worker
• The backup plan of an attestation from an accountant

 

Specific Industries and Low Wage LMIAs 

 

Trucking Industry: 

• Typical employer profiles and needs
• Carrier profile
• Trucking LMIA options and requirements
• Fleet insurance
• What to do when the trucking company pays per mile, but the job offer needs to reflect an hourly rate
• Managing the employer’s misgivings about paying an hourly rate

 

Goods and Services Industries: 

• Typical employer profiles and needs
• Additional permits required by employer
  • Food permit
  • Gambling permit
  • Other
• Language ability
  • French, English and other
  • Proving language requirements
  • What to advise when the job does not require English or French ability

 

Agricultural Industries:

• The Agricultural Stream LMIA
• Seasonal Agricultural Workers
• Typical employer profiles and needs
• Advertisement waiver
• No fees on the LMIA
• Housing
• RCIC Marjorie’s experience in securing 30 chicken-catchers for a company

 

High Wage LMIAs 

• Who is a typical employer and worker?
• An ideal High Wage LMIA process
• Advertising requirements
• Recruitment activity considerations
  • National scope examples
  • Tagging the job so it shows up in search results
  • Timeline
  • The big mistake of not keeping track of expiry date
  • Whether or not to consider extra advertising
• The challenges of the transition plan
• Working with the employer to ensure accurate information on the application

 

Global Talent LMIAs 

• Who is a typical employer and worker?
• An ideal Global Talent LMIA process
• 2 week processing!
• Areas of occupation

 

Dual Intent LMIAs 

•  Who is a typical employer and worker?
• An ideal Dual Intent LMIA process
• Reasons why this can be a great, long-term strategy for the worker and employer
• Balancing immigration consulting and corporate consulting when working with Dual Intent LMIAs
• Ticking the right box = transforming into a Dual Intent LMIA
  • Worker needs to meet Express Entry Requirements
  • What happens if the worker does not meet those requirements
• Cap considerations in NOC B professions using the Dual Intent LMIA
• Assessing how many supervisors are realistic
• What to advise when the employer wants the worker to come to Canada only after obtaining PR
  • Fee considerations
  • Express Entry CRS Points analysis
• Wage requirements of the employer
• Comparing the Median Wage on the IRCC site vs Job Bank
• What to do when the company is trying to pay lower than the Median Wage

 

The 5 Most Common Mistakes and Practical Solutions when working with LMIAs when considering the employer and workers’ needs 

 

Q&A 

Review and Conclusion