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Foreigners seeking to be employed in Canada require an Employment Authorization document. Most requests for Employment Authorizations are processed at designated Canadian Visa Offices. However, certain requests may be considered by immigration officers at international airports and other ports of entry into Canada.

There are no annual quotas, either per category, by national origin, or in total numbers, on the issuance of Employment Authorizations by the Canadian Government.To obtain an Employment Authorization for an employee, the employer is usually required to seek and "Employment Validation" (or Labor Certification) from the Department of Human Resources Canada (HRDC). This involves providing the Canadian Government with evidence that there is no Canadian citizen or Landed immigrant in Canada qualified to fill the job position.

The process by which a Canadian employer makes a case for hiring a non-Canadian and obtaining "Employment Validation" is cumbersome and time consuming. However, Canada Immigration has recognized that there are situations in which an "Employment Validation" is not necessary. The Canadian government has thus established several other "Employment Validation Exempt" routes for obtaining an Employment Authorization to facilitate the prompt entry of special employees into Canada. The most common utilized Employment Authorization categories are outlined below.

THE LONG WAY:

Employment Validation

Prior to applying for an Employment Authorization, the Canadian employer must first obtain and Employment Validation from HRDC. This involves the employer presenting evidence to the Canadian government of both the unique skills of the foreign candidate as well as the lack of qualified domestic alternative. Job opportunities and economic benefit to Canada that may be created by the foreign worker’s presence in Canada are also of importance.To establish that there are no suitable Canadian citizens or landed immigrants to fill the position, the employer may be asked to advertise the position for two weeks in at least one national newspaper and one trade journal. The employer may then be subject to queries as to how many domestic candidates responded to the advertisement and why none of them were sufficiently qualified. The HRDC official will then decide whether "validation" is warranted.Once approved a successful "validated" job offer is forwarded to the appropriate Canadian visa office abroad. Documentary evidence concerning the foreign employee’s qualification together with the appropriate application for employment authorization form and processing fees must then be filed at the Canadian visa office.

When all is successfully completed, the candidate is issued and Employment Authorization and permitted to enter Canada to work for the designated employer in the specified position.

THE SHORTER WAY:

Information Technology Specialists

In 1997, the Canadian government commenced a new Employment Authorization category designed to increase and accelerate the flow of Information Technology specialist into Canada. Under the Software Developers Pilot Project, the government has exempted Canadian employers from seeking the requisite "Employment Validation" for computer software developers in seven designated specialties. Applications for Employment Authorizations for employees meeting the requirements of any of these seven specialties are processed very quickly by the Canadian Visa Offices outside of Canada. The categories include:
MIS Software DesignersSoftware Products DeveloperTelecommunications Software DesignerSoftware Developer - ServicesSenior Animation Effects Editor Multimedia Software Designer

Embedded Systems Software Designer

To qualify for an Employment Authorization under the Software Developer Pilot Project the candidate must be entering Canada to work in one of the seven specialty position, possess a degree and two years of work experience in the field.

Intra-Company Transfers
Professional applicants who are being transferred from a Foreign company to the company’s Canadian based subsidiary, parent, branch or affiliate, are exempt from meeting the "Employment Validation" requirements. Employment authorizations for qualifying foreign employees may be obtained relatively easily at any Canadian Visa office and occasionally at a Canadian port of entry.To qualify for an employment authorization under this employment visa category, the candidate must maintain an "Executive", "Managerial" or "Specialized Knowledge" position at the foreign office for at least 12 months prior to the transfer. The employee must also be assuming a position in the same capacity at the Canadian office.
Employees Of Significant Benefit To Canada

Canadian employers seeking to employ foreign workers whose employment in Canada would result in a significant benefit to Canada, a Canadian industry, the Canadian economy or Canadian people in general, are exempt from the requirement of obtaining an "Employment Validation". In such instances, an application may be made directly to a Canadian Visa office.

This is a wide open and discretionary employment visa category. Visa officers reviewing such applications look for high-level candidates sophisticated specialties whose employment will give a competitive edge to a Canadian company.

NAFTA Professionals

Chapter 16 of the North American Free Trade Agreement is designed to address the movement of American, Canadian and Mexican citizens within each other’s territories. NAFTA focuses entirely on temporary entry and does not impact on an individual’s permanent admission to any of the participating countries.The NAFTA criteria on admission of professionals offers significant opportunities for the movement of foreign personnel. Qualifying applicants need not obtain an "Employment Validation" and Employment Authorizations may be issued on the spot, by a Canadian Immigration official at any international airport or port of entry into Canada.NAFTA Professionals provide pre-arranged, salaried or contracted employment services to Canadian enterprises. Their services may be directly engaged by the Canadian employer or they nay be retained pursuant to a contract between the Canadian employer and its Mexican or U.S. trading partner.

There are 60 eligible professions listed in APP 1603.D.1 of the NAFTA. Each applicant must be subject to an offer of employment from a Canadian enterprise. The applicant must demonstrate that they possess the academic and /or practical qualifications in the specified profession and the applicant must be performing duties within the ambit of their respective profession in Canada.

Bomza Law Group
Immigration Lawyers
45 St. Clair Avenue West, Suite 1000
Toronto, Ontario, M4V 1K9, Canada
Tel: 416-598-8849 or 1-800-993-9971
Fax: 416-598-0331
www.BomzaLawGroup.com