Employer Options for hiring foreign workers (2024)

Canadian employers can hire foreign workers either on a permanent or temporary basis.

There are several options to choose from, based on your needs. It all starts with a job offer.

If you, as a Canadian employer, would like to hire a foreign worker on a permanent basis, the worker will need to obtain Canadian permanent residence.There are a number offast-track options available so that your future employee can begin work quickly.

Express Entry

The Express Entry immigration selection system, which came into operation in 2015,strives to make the process simpler and quicker for Canadian employers to hire skilled workers. Canadian employers looking to hire international talent for management, professional or trades positions, and who are unable to fill the position locally, are able to hire internationally. With a qualifying job offer, your future employee is issued an invitation to applyfor Canadian permanent residence. Once he or she submits an application, Immigration, Refugees and Citizenship Canada (IRCC, formerly CIC) aims to complete the immigration process within six months.

Through Express Entry, Canadian employers gain the advantage of being able to fill open positions more quickly than previously.

There are three federal economic immigration programs processed through the Express Entry system:

  • Federal Skilled Worker
    If your intended employee has work experience in a skilled occupation, as determined by the National Occupational Classification (NOC) system, and you have not been able to fill an open job position locally, you, as a Canadian employer, may be able to hire him or her through Express Entry under the Federal Skilled Worker Class.
  • Canadian Experience Class
    If you have been employing foreign workers on a temporary basis and wish to offer them full-time employment, they may qualify for Canadian immigration under the Canadian Experience Class.
  • Federal Skilled Trades Program
    The Federal Skilled Trades Classis for individualswho want to become permanent residents of Canada based on being qualified in a skilled trade. If you, as a Canadian employer hiring skilled tradespersons, wish to hire internationally having been unable to do so locally, you may be able to hire employees through this program.

Provincial Nominee Programs

Most Canadian provinces and territories have created Provincial Nominee Programs(PNPs), specific to their needs, to recruit workers from abroad who intend to settle as permanent residents in a given province or territory. If your business is located in a province or territory that has a PNP stream that aims to attract skilled workers,this mayan important fast-track option for you, your business, and your future employee(s).

Furthermore, many semi- or lower-skilled positions are well suited for provincial nomination, as provinces and territories strive to fill labour shortages in particular areas.In order to qualify, Employment and Social Development Canada (ESDC)may require that you prove that you were unable to fill the positions with Canadian citizens or permanent residents.

Note that the province of Quebec does not have a Provincial Nominee Program, but rather the Quebec Skilled Workercategory of immigration.

Temporary Work Permit

Hiring foreign workers on aTemporary Work Permitis undoubtedly the fastest option in most instances. We're talking weeks, maybe even days, between the time you make the job offer and the time your workers can be in Canada working for you.Employers can hire internationally through either the Temporary Foreign Worker Programor the International Mobility Program.

Please complete this short form to submit your work permit query directly to our specialists. We will respond immediately with an evaluation of your needs.

Employer Options for hiring foreign workers (2024)

FAQs

What are the different ways US employers can legally hire workers who are not US citizens? ›

First, employers must seek certification through the U.S. Department of Labor. Below you will find a link to documents and forms. Once the application is certified/approved, the employer must petition the U.S. Citizen and Immigration Services for a visa.

When selecting employees internationally what things should be considered why? ›

Carefully weighing visa requirements, legal frameworks, taxes and work policies when hiring internationally will enable your business to access specialized talent anywhere while ensuring full legal compliance.

How can a US company hire a foreign employee to work remotely? ›

Set up a legal entity

Setting up a legal entity in the target market is the traditional approach global companies take for hiring remote employees in other countries and building a long-term, global presence. Establishing a foreign entity allows you to hire and pay local employees directly.

Can an employer hire a non-US citizen? ›

In order for a foreign national to be employed in the US, they must obtain an appropriate work visa. Generally, employers sponsor said visa.

Why do American companies hire foreigners? ›

When you expand your team to include international talent, you add unique ideas, innovation, problem solving, and creativity to your workforce. Additional backgrounds from different countries across the world add different perspectives to your team – which creates a recipe for success and innovation at your company.

Is it illegal to ask immigration status in an interview? ›

It is illegal only to discriminate on the basis of the answers. Asking questions relating to immigration status, however, may lead rejected candidates to perceive that they were discriminated against and to file a discrimination claim with the U.S. Department of Justice.

Is it illegal to work in the U.S. without a work permit? ›

Working in the US without a valid work permit is not only illegal but can also have serious consequences. To comply with the rules and regulations of the US for working as a foreign national, you must be aware of all the necessary requirements and obtain proper authorization before starting any employment.

How to employ a non-US citizen? ›

You must first request certification from DOL before submitting your I-129 petition to USCIS. For H-1B nonimmigrants, a Labor Condition Application, and for H-2A and H-2B nonimmigrants, an Application for Temporary Employment Certification must be filed in accordance with DOL instructions.

Can a US company hire a foreign independent contractor? ›

If you are hiring a foreign contractor, you will need to have them complete IRS Form W-8BEN. This form is used to certify that the contractor is not a US citizen or resident alien and are not withholding any taxes from the US government. It also helps ensure that they pay their taxes in their home country.

How do you hire the right team when expanding internationally? ›

Leverage Local Resources

Work with a staffing agency or recruitment firm that specializes in the country you are expanding to. They will have an in-depth understanding of the local talent pool, culture, and regulations. Lean on their expertise to find qualified candidates that are a good fit.

How should organizations prepare their employees to work internationally? ›

Support the employee's decision of working abroad by highlighting and promoting her competencies and experience. By giving visibility to the employee's qualification, we can reinforce the company's trust on the employee as well as raise employee morale. This can be crucial during periods of change.

What should a company consider before going international? ›

Being good or maybe even the best on your own market is one thing but going global with your business brings to light a set of considerations for business owners to evaluate, including market trends and analysis, political and economic factors, entity set-up, legal barriers, competitors´ overview, hiring workforce, etc ...

Can U.S. companies have foreign employees? ›

Yes, a US company can indeed hire a foreign employee in another country. This is often the case when companies decide to expand their operations overseas, or when they require certain skills or expertise that are more readily available in other countries.

Can U.S. companies hire foreign workers without visa? ›

A company or organization must apply for the relevant work visa from US Citizenship and Immigration Services on behalf of a foreign worker. Form 1-9 can be used to verify work authorization for a worker who is already in the US. If not, the company will have to sponsor the foreign worker's visa.

Can U.S. companies sponsor foreign workers? ›

In most cases, employers must sponsor a foreign worker for a visa, which allows them to work legally in a different country. While work visa sponsorship offers numerous benefits for both employees and employers, it also has its challenges.

Can a U.S. company hire a U.S. citizen living abroad? ›

Yes, it is entirely possible to work for a US based company while living abroad either as a digital nomad or as a non-citizen.

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