Work Permit Applications in the USA

Citizenship and Immigration Canada has been implementing budget cuts that are part of ongoing efforts to streamline the immigration system. As part of this, the approach to submissions of work permit applications to visa offices in the USA has changed. Until now, applicants may have applied to one of the six consular offices in the USA, typically selected based on geographical jurisdiction. The six offices were in New York City, Buffalo, Detroit, Washington DC, Seattle, and Los Angeles.

The office in Buffalo has been closed entirely to the public, and will no longer accept any temporary resident applications. The offices in Detroit, Washington DC, and Seattle will only accept Temporary Resident Visa (i.e., Visitor) applications from those with legal admission to the USA, but will not accept Study Permit or Temporary Work Permit applications. All such applications must now be submitted either to Los Angeles or New York City.

Applicants residing East of the Mississippi River, including Puerto Rico, Bermuda and St. Pierre and Miquelon, should submit cases to New York City, and those west of the Mississippi should submit cases to Los Angeles. Temporary Resident Permits and Authorization to Return to Canada applications may be submitted to any of these five remaining offices responsible for temporary resident applications. Those who remain exempt from the requirement to obtain a passport visa to travel to Canada, may still apply for work permits at ports of entry when that option is available.

Changes to Labour Market Opinion Wage Requirements

Human Resources and Skills Development Canada (HRSDC) has introduced improvements to the Foreign Worker Program that removes some of the previous rigidity concerning wage requirements of foreign worker applications.

Historically, employers seeking the admission of a foreign worker via a Labour Market Opinion were required to pay a prevailing wage, which represents the average wage being (as determined by HRSDC) offered to Canadians on a regional basis. However differences in the methods of calculation, and from employer to employer, meant that – in some cases – Canadian companies were forced to offer foreign workers more than the Canadian workers already employed by that company at the same location. This is obviously unfair to Canadians, and the current changes address this.

Going forward, employers with Canadian employees that are earning less than the published prevailing wages for a given occupation may offer foreign workers less than that prevailing wage as well. Foreign workers in these circumstances may be offered up to 15% less than the prevailing wage for higher skill occupations, and 5% less than the prevailing wage for lower skill occupations. Such an employer must demonstrate that their Canadian employees in the same job and at the same location do, in fact, earn the same as is being offered to the foreign worker.

These provisions are not presently applicable to the Seasonal Agricultural Worker Program or the Live in Caregiver program.