121: Business Immigration Series: Employer Portal Pain and Suffering

Today, we're diving deep into the complexities of Employer Portal, offering guidance to employers and temporary foreign workers dealing with LMIA exemptions and employer-specific work permits. It can be a challenging journey, but understanding the process is key to a smoother experience. Let's explore the steps and potential pitfalls.

REGISTERING FOR EMPLOYER PORTAL: To kick things off, when an employee needs an employer-specific work permit but qualifies for an LMIA exempt category, employers must first register for an Employer Portal account. But the pain begins with setting up an alternate user, and the challenges of Two-Factor Authentication (TFA).

OFFER OF EMPLOYMENT: New requirements, effective since September 26, 2022, have added complexity. Employers must craft an offer of employment with precision. Key terms are crucial, and employers are reminded that they'll be held accountable for compliance under the International Mobility Program (IMP).

WORKER RIGHTS AND ABUSE PREVENTION: We discuss the critical aspects of worker rights, emphasizing the importance of posting and logging the time when employees receive this vital information. Employers must commit to a workplace free from abuse, and this involves having a signed and dated agreement. Providing a fully executed copy to the Temporary Foreign Worker (TFW) is a must before submission through the Employer Portal.

REGULATED OCCUPATIONS: Employers need to be cautious of regulated occupations. Additional requirements or restrictions may apply.

DATA ENTRY AND TIME MANAGEMENT: The process of entering information can be cumbersome. Managing time-outs and keeping a separate document for critical data is essential for a smoother experience.

LMIA EXEMPTIONS AND FITTING IN THE BOX: Employers need to ensure that their case fits into an LMIA exemption. We discuss the importance of getting this step right and whether to rely on specific criteria or uploading supporting documents.

UPLOADING THE EMPLOYMENT AGREEMENT: The employment agreement plays a vital role. Employers must upload it with an acknowledgment from the employee that they have received Temporary Foreign Worker (TFW) information.

DUPLICATE OFFERS AND PAYMENT: A crucial tip for employers is to create duplicate offers before proceeding to payment. This safeguards against application issues. It's worth noting that draft offers expire in 60 days, so time is of the essence.

PAYMENT MECHANICS AND COMMON GLITCHES: We delve into the mechanics of the $230 payment and common glitches. Employers need to be aware of potential issues, including the disappearance of essential numbers or letters (A # essential O#).

APPLYING FOR WORK PERMIT: It's not over yet! We guide employers on ensuring the employee properly applies for their work permit. The place and method of application depend on the employee's nationality, whether they're from the US, require an eTA, or a visa.

Navigating the Employer Portal can indeed be a challenging journey, filled with potential pain points and complexities. But armed with the right knowledge, employers and temporary foreign workers can overcome these hurdles and ensure a smoother process. Stay tuned for more insights and guidance in our upcoming episodes.

UPCOMING EPISODES: To wrap up, we offer a sneak peek into our next series of episodes where we uncover the hidden gems of the International Mobility Program (IMP) – Free Trade Agreements. These agreements are a game-changer for employers and employees.

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Answers provided in this podcast do not constitute legal advice and are for general information only. If you require a bit of legal advice applicable to your specific situation you may book a consultation with one of the immigration lawyers at Holthe Immigration Law.