What do you need to know to process the application


Problem

Case Study I

Gurpreet is a citizen of the United States. She is in a long-distance relationship with Roger, who is a citizen of Canada. They cannot get married because Roger's divorce is not yet finalized. However, they do not want to continue their long-distance relationship.

Gurpreet received an offer of employment from Grand Banks Oceans Ltd. in Halifax, Nova Scotia. Gurpreet and Roger are very excited about this offer and are eager for Gurpreet to move to Halifax as soon as possible.

Gurpreet has a Bachelor of Science in Oceanography degree from the University of Washington, which she obtained in 2015. After graduating from the University of Washington, Gurpreet worked as a researcher until she could find employment as an oceanographer, which she was able to do in 2017.

Grand Banks Oceans Ltd. was impressed with Gurpreet's experience in developing models, charts, and computer simulations (tides, waves, currents, and sediment transport) as this is in alignment with the skills needed for the position they are looking to fill.

Grand Banks Oceans Ltd. has offered Gurpreet a two-year contract with an annual salary of $85,000 for a 35-hour work week.

The employer provided Gurpreet with an offer of employment number A0123456.

Task

What do you need to know to process this application for a work permit?

Develop a list of questions that you will need to answer in order to proceed with this type of application. These should include essential general information about work-permit exempted LMIA applications, as well as questions connected to the specific facts of this case.

For example: Do any exemption codes apply to this case? Where should the application be made? Does the client meet the eligibility requirements? What documents are required? What are the job offer requirements? What advice you would you provide Gurpreet?

Case Study II

COVID-19 and Employer Compliance

Michael Jones, a US citizen, is employed as a management consultant for XYZ Consultants in Maryland. The Canadian branch of XYZ Consultants hired Michael to work on a mining project in Northern Alberta.

He was issued a T23 LMIA-exempt work permit. COVID-19 measures had a negative impact on the Canadian branch of XYZ Consultants.

As a result, the employer reduced Michael's salary by 20%.

However, the employer spoke to Michael before taking this step and Michael agreed because he was happy to be able to continue to work.

Task

What would you advise the employer about their compliance obligations and why?

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