BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys RECRUITING FOREIGN WORKERS Options, Solutions and Guidelines for Canadian businesses

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 2 Our Law FirmIntroduction A full service Canadian Immigration Law firm More then 40 years of combine corporate immigration experience Canadian and USA licensed attorneys; Our clients Multinationals and SMEs IT industries, Electronics, Hydro, Entertainment BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 3 Our Lawyers: Herbert M. BrownsteinIntroduction Add Bullet points of Herbs resume BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 4 Our Lawyers: Mitchell BrownsteinIntroduction Add Bullet points of Mitch…… BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 5 Our ServicesIntroduction Work permits & Executives transfer Inbound and out bound USA immigration NAFTA Etc. BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 6 An introduction to the process Temporary and permanent visas An overview of work permits HRDC and the work permit process Special government programs General post landing issues Topics for this presentation

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 7 Citizenship and Immigration Canada – CIC – Human Resources Development Canada – HRDC – - Immigration and Refugee Protection Act IRPA 2001 ( ) - Immigration and Refugee Protection Regulations 2002 ( ) - Immigration Manuals and Operation Memoranda Who is coming? Immigration overview What are they going to do? How long are they going to stay? Two Main Government Agencies

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 8 Canada Immigration & Visa Permanent Immigration Temporary visa Family Class Economic Class Refugee Class Skilled workers Business InvestorsEntrepreneurSelf-employed Skilled workers Provincial Nominee Federal Program Work permits NOT required WP required, HRDC not required WP & HRDC required VisitorStudent Work-Permit Immigration subsections

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 9 Every worker who is not a citizen or permanent resident of Canada cannot work in Canada unless that person has: General Principles : 1. A job offer from a Canadian employer and 2. That job offer is approved by the HRDC and 3. Visa application is approved by the visa post abroad. What is work? - An activity for which wages or commissions are paid OR - That competes directly with the activity of a Canadian Work permits

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 10 No Yes NO Yes Is occupation the kind that does not require work permit? Is occupation the kind that does not require HRDC approval but WP? Is occupation the kind that needs HRDC approval and work permit? Does the company wish to hire foreign workers? NO No further action required Is individual required to be temporary or permanent? Permanent Follow PR Temporary Have enough efforts been made to hire Canadians? More efforts to hire locally or within the company required NO Does occupation need license to work in Canada? Make sure foreign employee has license; See NOC for provincial license requirement YES Has the foreign worker been identified? NO Identify the foreign worker Is Foreign worker in Canada? Make sure the person can apply at port of entry otherwise actual WP applications need to be made at a visa post abroad and applicant must go out of Canada for obtaining WP. Yes Work permit process Yes

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 11 Work permit process – class 1 Occupation does not require a work permit - Apply for temporary resident visa at the visa post abroad - Temporary business visa is issued Business Visitor Foreign Representative Military Personnel Foreign Government Officers News Reporters Public Speakers On-Campus Employment Performing Artists Athletes & Coaches Convention Organizers Clergy Health Care Students Expert Witnesses or Investigators Inspectors Crew Members Emergency Service Providers Judges or Referees

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm NAFTA, CCFTA, GATT and other international agreements 2. Intra-Company Transferee 3. Open permit for spouse of foreign workers 4. Canadian interest and significant benefit. 5. IT workers and software programmers Work permit process – class 2 Occupation does require a work permit, but does not require HRDC approval

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm Apply to HRDC for job validation / Labor Market Opinion. 2. On HRDC approval, employee applies for work permit using a prescribed form with supporting documents, visa fees at visa post abroad or at the port of entry. Work permit process – class 3 Occupation requires HRDC approval and a work permit

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 14 Immigration department has no expertise in the Canadian labor market and wishes to know over-all effect of the job being offered including authenticity of the job Application to be made using prescribed forms with supporting documents EMP 5239 and must be sent to HRCC Foreign workers office (Not any HRDC) Change in Policy / Criteria for HRDC Approval OLD Policy: “No other Canadian can reasonably be found to fill the position” NEW Policy: “Neutral or positive effect on the Canadian economy” Known as “Job Validation” Known as “Labor Market Opinion” Work with HRDC, LMO and Work permit

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm A job title – NOC. 2. Description of the job - Listing with duties and responsibilities. 3. A list of educational qualifications, skills and experience that the worker must have for the job. 4. Temporary job offer. 5. Details of the salary being offered including wages and other forms of payment that are consistent with the Canadian labor market. 6. The name and address of the employer and the location where the foreign worker will be working. 7. CIC and HRDC officers may check if the business and the job being offered are genuine. Include the contact details for a person at the business who is familiar with the job offer. Temporary job offer

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm Whether company has made or agreed to make efforts to hire Canadians 2. Whether wage and working conditions offered are sufficient to attract Canadians 3. Whether the worker is likely to fill labor shortage in Canada 4. Whether the job offer is likely to result in direct job creation or retention. 5. Whether the job offer is likely to result in creation or transfer of skills or knowledge for the benefit of Canadians. 6. Whether the employment is likely to adversely affect the labor dispute in Canada or employment of any person involved in the dispute. Each application needs to be supported by documents that can justify the above criteria such as wage survey, job advertisements, etc. Once HRDC gives Labor Market Opinion, it will send approval or rejection letter to the employer informing of its decision and reasons for the same. HRDC also informs the concerned visa post regarding approval or rejection. Employer must inform foreign worker so he can apply for work permit at visa post abroad. Criteria for HRDC Labor Market Opinion

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm Application form IMM 1295 B 2. Visa office’s specific form must be completed. 3. Visa fees of 150 CD$ or in local currency must be paid by bank draft. Along with a cover letter the following documents should be produced: a. Three passport size photos taken in white background. b. Copy of the passport and birth certificate. c. Marriage certificate, if married. e. All education documents to prove employee has education as per NOC. f. All work experience documents to show necessary work experience. g. If license is required to perform job in Canada, Foreign worker must have Unconditional License to work in Canada for that province and proof must be produced. If approved, must go through medical if coming to Canada for more than 6 months Residents of certain countries do not have to undergo medical tests Must apply at the visa post which serves the country of Foreign worker’s residence unless he is legally residing in another country for 12 months or more Application for work permit ( temporary)

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 18 - Work visa can be extended within Canada - If HRDC approval required, new approval must be obtained. - Application is made to CPC, Vegreville, AB - Application must be made 60 days before expiration of visa - If over stayed, can be reinstated within 90 days by paying extra fees. - Application form IMM 1249 must be sent along with documents & visa fees. Application for extension of work permit ( temporary) within Canada

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm Only Skill Level O, A and B of NOC can be employed 3. Job offer from employer gives 15 points. 4. Job offer must be genuine. a. The wages and working conditions must be same as offered to Canadians b. The employment must be full time and not seasonal c. The position must not be located in the province of Quebec d. The employer will not bring the foreign employee till PR is issued e. Must make application to HRDC for “ Job Validation”. The process, form and requirements are different 2. Must score 67 points out of 100 to get immigration Points are awarded for: EducationWork experienceBoth LanguagesAge HRDC approved job Adaptability Canadian education, experience, Spouse’s education and job offer Permanent job offer

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 20 HRDC form EMP – 5275 E Must be in prescribed form with following documents: 1.Offer of employment to the foreign worker on company letterhead signed by the person responsible for hiring employees. Letter must state length of time the offer of employment is open, title of the job position and salary to be paid to the foreign worker. 2. Copies of remittance forms issued by CCRA for last 12 months. 3. Evidence that business has been in operation for more than 1 year – Documents to be submitted as evidence: a.Business licenses for more than 12 months b.CCRA T4 – Summary of Deductions for previous year c.Commercial lease agreement of the business location HRDC approval for permanent job offer

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 21 * Manitoba – Occupation List * Saskatchewan – Occupation List * New Brunswick – Occupation List * Prince Edward Island – Occupation List * Alberta – Employer driven * Nova Scotia – Industry based * Newfoundland – Updated-Industry based * British Columbia – Employer-Industry based Provincial Nominee Programs with permanent job offer

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 22 - Job offer for permanent position required - Job position must be on the occupation list - industry - 1 st application to PNP immigration - After PNP – application to Immigration Canada for medical and security clearance - Permanent visa issued - Employer and employee have no mutual obligations Provincial Nominee Program process

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm Software Pilot Project – No HRDC LMO 2. Live-in Care Giver – Needs HRDC LMO 3. Seasonal Agricultural workers. 4. Film and Entertainment Industry 5. Academics 6. Pilot project for skilled level C & D of NOC – Started August 2003 Ontario Special programs 1. Tool and Die makers 2. Construction workers 3. Health care professionals – Nurses, Pharmacists & Physicians HRDC: Special Federal Programs

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 24 Extension if needed can be applied within Canada. If applied to HRDC, new HRDC application needs to be made. Minimum 30 days before expiration. 1. Medical Clearing Ontario requires three months waiting period before medical coverage granted. 3. Medical Coverage 4. Social Security Number 5. Housing 6. Children’s education Post landing issues 2. Canada Customs

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm On line recruitment sites 2. Posting on the company web site 3. Canadian association’s web site 5. Working with specialists or professionals who provide services to foreign workers in preparation of application. 4. Posting on the HRDC web site Recruiting at no cost

Brownstein Brownstein & Associates – Canadian Corporate Immigration Law Firm 26 Website Links HRDC Citizenship & Immigration Canada Foreign workers NOC Ontario HRDC

BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys BROWNSTEIN BROWNSTEIN &ASSOCIATES &ASSOCIATES Avocats ■ Attorneys Avocats ■ Attorneys 6000 Cote Des Neiges Suite 590 Montreal, Quebec, Canada H3S 1Z8 T: (514) F: (514) Cote Des Neiges Suite 590 Montreal, Quebec, Canada H3S 1Z8 T: (514) F: (514)