JOB OFFER, EMPLOYMENT CONTRACT AND OFFER OF EMPLOYMENT DETAILS FOR LMIA-BASED AND LMIA-EXEMPT JOBS IN CANADA

Canadian company must submit a Job Offer Letter or an Employment Contract with a Labour Market Impact Assessment (LMIA) application. After the assessment, if Employment and Social Development Canada (ESDC)/Service Canada issues a positive LMIA (i.e., a confirmation letter allowing to hire a foreign national), a temporary foreign worker (TFW) would need to submit a Job Offer Letter or an Employment Contract with a work permit application. LMIA job offer for Canada must detail the terms of temporary foreign worker employment and can be in the form of a Job Offer Letter or Employment Contract. For LMIA-exempt jobs, an employer must submit an Offer of Employment.

Canada job offer for foreign workers can be in the form of a Job Offer Letter or an Employment Contract, depending on a Labour Market Impact Assessment (LMIA) Stream. A Job Offer Letter is less detailed compared to an Employment Contract. Either one would be required for an LMIA application and an LMIA-based work permit application.

A Job Offer Letter must be submitted under the following LMIA streams and with LMIA-based work permits accordingly:

• High-wage Stream
• Global Talent Stream

An Employment Contract must be submitted under the following LMIA streams and with LMIA-based work permits accordingly:

• Low-wage Stream
• Agricultural Stream
• In-home Caregiver Stream

An Offer of Employment is submitted when a Canadian company hires a temporary foreign worker for an LMIA-exempt position (i.e., when an LMIA is not required under one of the LMIA exemption codes). In that case, an employer is required to submit an Offer of Employment online via the Employer Portal and provide a foreign worker with an Offer of Employment Number and an Employer Compliance Fee Payment Receipt.

A Job Offer Letter will be required for a Labour Market Impact Assessment (LMIA) application when hiring foreign nationals for high-wage jobs (i.e., if a salary is equal to or above a median provincial wage) or under the Global Talent Stream. A Job Offer Letter must explain the details of a job that a temporary worker agrees to perform in Canada. More specifically, a Job Offer Letter details:

• job title
• job duties
• hourly wage
• deductions from pay
• overpay (if applicable)
• vacation entitlement and benefits
• number of hours of work per week
• work hours and days
• expected start date (conditional on an LMIA and a work permit issuance)
• duration of employment
• other essential terms and conditions of employment

A Job Offer Letter must be put on a company's letterhead and include an employer's and a temporary worker's (TFW) contact details, such as an address, phone number, email address, website, etc., and be signed by an employer and a TFW.

An Employment Contract will be required for a Labour Market Impact Assessment (LMIA) application when hiring for low-wage jobs (i.e., if a salary is below a median provincial wage), agricultural workers, and caregivers. An Employment Contract will have the following sections:

• duration of contract
• job description
• work schedule
• wages and deductions
• reviewing wages
• transportation costs
• accommodation
• hospital and medical care insurance
• workplace safety insurance (worker's compensation)
• notice of resignation
• notice of termination of employment
• contract subject to provincial labour and employment legislation and applicable collective agreements
• place of signature

An Employment Contract must be prepared and signed by an employer and a temporary foreign worker (TFW) to ensure that all parties involved are aware of their rights and obligations. TFW must sign it before arriving in Canada.

• Low-wage Stream LMIA Employment Contract

• Agricultural Stream LMIA Employment Contract 

• In-home Caregiver LMIA Employment Contract

For some jobs in Canada, a Labour Market Impact Assessment (LMIA) is not required. It is called an LMIA-exempt work permit. In that case, a Canadian employer is required to submit online an Offer of Employment via the Employer Portal, pay a C$230 employer compliance fee and provide an Offer of Employment Number to a temporary worker, who will then use it when applying for a work permit. Online Offer of Employment provides the following terms and conditions of employment:

Business information:

• business number
• business legal name
• business operating name
• business telephone number
• business address
• business mailing address (if different)
• type of business (incorporated, sole proprietorship, charity, etc.)
• whether a business is a franchise
• web address
• date business started
• description of a principal business activity
• number of employees
• gross revenue
• employer's primary contact (first name, middle name, last name, job title, contact phone number, extension, fax number, and contact email address)

Foreign worker information:

• first name
• last name
• gender
• date of birth
• country of birth
• country of residence
• citizenship
• passport number
• Job offer details:
• business legal name
• business operating name
• business number
• Labour Market Impact Assessment (LMIA) exemption title
• LMIA exemption code
• explanation of how the requirements of LMIA exemption are met
• job title
• National Occupational Classification (NOC) code
• job/employment location (country/territory, apartment/unit number, street number, street address/name, province/state, city/town, and postal code)
• additional job/employment location if a temporary worker will perform job duties at more than one job location (i.e., multiple locations)
• expected start date of employment
• expected duration of employment
• main duties of a job
• minimum education requirements of a job
• other training required
• experience and skills required to complete the job duties
• provincial/federal certification, licensing or registration requirements for a job (if any)
• employer's consent to pay an LMIA-exempt offer of employment compliance fee (unless exempt)
• employer's primary contact (first name, middle name, last name, job title, contact phone number, extension, fax number, contact email address).

Wage and benefits:

• Are you paying the foreign national directly?
• type of wage (hourly, annual)
• wage amount
• number of work hours per day
• number of work hours per week
• number of work hours per month
• an overtime rate in Canadian dollars
• overtime starts after how many hours per week
• alternate compensation scheme (if applicable)
• benefits (Disability Insurance, Dental Insurance, Pension, Extended medical insurance (e.g. Prescription drugs, paramedical services, medical services and equipment))
• other benefits (if applicable)
• additional information

A Canadian employer wishing to support a temporary foreign worker's (TFW) transition to become a permanent resident of Canada can provide a valid job offer for immigration.

For federal immigration programs managed via Expres Entry, a valid job offer can add Express Entry points to a temporary worker's Comprehensive Ranking System (CRS) score (50 or 200 points), increasing the chances of getting an invitation to apply for Canadian permanent residence (PR). However, having a valid job offer from a Canadian employer does not automatically guarantee an invitation to apply for PR. In some cases, even with additional points for a valid job offer, it may still not be sufficient for TFW's immigration as the overall CRS score is below the CRS score of the lowest-ranked candidate invited in a specific Express Entry round of invitation.

Job Offer Letter for Express Entry must detail the terms of employment. To support a temporary worker's permanent residency application, a job offer must:

• be made by a Canadian employer
• continuous
• paid
• full-time (at least 30 hours a week)
• not seasonal
• for at least one year after Immigration, Refugees and Citizenship Canada (IRCC) issues a permanent resident visa
• in a job NOC eligible under one of Express Entry Programs
• supported by a positive LMIA (unless exempted and meet additional conditions)

In most cases, a valid LMIA (dual intent or to support PR application) would be required. In some cases, a new LMIA would not be reqiured (1) if a temporary foreign worker is currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA or have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA or currently working in Canada in a skilled trade job on a work permit that was issued based on a positive LMIA or have a valid work permit for one of the approved skilled trade occupation and it's exempt from needing an LMIA and (2) is currently working for an employer listed on a work permit, have one year of full-time work experience for that employer, authorized to work in Canada on the day they apply for a permanent resident visa, and when the visa is issued.

For immigration under provincial nomination programs (PNPs), requirements for a valid job offer vary depending on the program and province. Provincial Employer Job Offer Streams commonly set particular requirements for a job offer, including for an employer, foreign worker, occupation, wage, employment location, etc. Thus, a job offer letter would need to include details and meet specific requirements established for PNP Stream.

If you are a Canadian business looking to hire foreign worker(s) for jobs in Canada, we can assist you in that process in a number of ways:

1. Complete our free assessment form, and we will get back to you with the next steps you should take to hire foreign labour.
2. Consultation – book online a paid consultation with a senior immigration lawyer specializing in business & corporate immigration to Canada. Consultation would be a choice for businesses comfortable and competent to apply on their own but need to clarify specific points or want to meet with Lerom Law Lawyer before hiring for a file. In that case, the consult fee will be credited towards file work (if we are retained within fourteen (14) days from consultation).
3. Limited scope representation – we can represent you in any stage of bringing a foreign worker to Canada, i.e., LMIA process, work permit application, etc. If you know exactly what you need, contact us for more information on a limited score representation service and fees.
4. Full representation covers all stages a business is required to go through to bring a foreign labour to work for them in Canada. Contact us if you are looking for more information on a full representation.