July 30, 2014 – Recent reforms to the Temporary Foreign Worker Program included measures to provide for expedited processing for certain applications. Labour Market Impact Assessment applications meeting certain requirements will be eligible for 10-business-day expedited processing.
These categories are: Highest Demand Occupations; Highest Paid Occupations; Shortest Duration Occupations.
Highest Demand Occupations are those occupations included on the list of skilled trades where the prevailing wage for that occupation is at-or-above the median wage for the province in which the employee will be working. The list of eligible skilled trades may be updated based on changing demand and need.
Highest Paid Occupations are those occupations where the prevailing wage for that occupation is in the top 10% of wages earned by Canadians in the province or territory where the employee will be working. This category will generally include only the highest paid professional such as senior executives and physicians.
Shortest Duration Occupations are those occupations where the proposed employment is 120 calendar days or less and the prevailing wage for that occupation is at-or-above the median wage for the province or territory where the employee will be working.
By way of example, a Computer Programmer (NOC 2174) commands a prevailing wage of $33.65/hour in Toronto. A Labour Market Impact Assessment for this position would require a transition plan, but would not be eligible for 10-business-day processing. Irrespective of the wage being offered, the prevailing wage for this occupation in Toronto is not in the top 10% of wages earned by Canadians in Ontario. In the alternative, should the proposed employment be for 120 calendar days or less, this Computer Programmer would then be eligible for 10-business-day expedited processing.
For information on prevailing wage by occupation, please see the Working in Canada website.
For the current median wage by province, please see Employment and Social Development website.
If you have any questions about this clarification or would like to discuss the particulars of your case please contact Green and Spiegel LLP.