Employer job requirements deemed excessive in foreign worker case

Employer claimed there were no qualified Canadian candidates, but officer found requirements were too high and excluded existing Canadian workers

All Canadian employers looking to fill positions must first look for Canadian job candidates before looking abroad for foreign workers — and be able to prove there are no Canadians who qualify. To help with this determination, occupations have specific requirements outlined in National Occupational Classifications (NOC). However, this means if an employer wants a worker who can do more than what’s specified in the NOC for an occupation, it may not be able to hire temporary foreign workers if the extra requirements exclude Canadian workers.

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