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ADAPT IMMIGRATION

 

Hiring internationally can help Ontario businesses access skilled workers when they cannot find suitable talent locally. However, an employment offer to a foreign worker does not automatically lead to a work permit or permanent residence.

Employers need to understand the immigration program involved, the requirements for the position, and their responsibilities throughout the hiring process.

For Ontario employers, the Ontario Immigrant Nominee Program (OINP) is particularly relevant. As of 2026, Ontario has introduced the Ontario Workforce Priority Stream, which provides an immigration pathway for eligible skilled foreign workers with qualifying job offers, as well as a pathway for certain self-employed physicians.

This guide explains what employers should know before making a job offer to a foreign worker and how a job offer may fit into an immigration strategy.

Important: Immigration rules and program requirements can change. Employers and foreign workers should always review the latest information from IRCC and the Government of Ontario before making decisions.

What Is the Ontario Workforce Priority Stream?

The Ontario Workforce Priority Stream is part of the Ontario Immigrant Nominee Program. It provides an opportunity for eligible skilled foreign workers with a qualifying job offer to apply for a provincial nomination for permanent residence in Ontario.

For applicants using the job-offer pathway, the employer has an important role in the process.

The employer must first initiate the process through Ontario’s Employer Portal and provide information about the job offer. If the worker receives an invitation and meets the requirements, both the employer and worker must complete their respective steps.

The OINP then assesses the provincial nomination application. If a nomination is issued, the applicant must still apply for permanent residence through the federal immigration system. The Government of Canada, through IRCC, makes the final decision on the permanent residence application.

What Employers Need to Know Before Making a Job Offer

An employer should not assume that any job offer will qualify for an immigration program.

The position and the employer must meet applicable requirements.

Under the Ontario Workforce Priority Stream, an employer generally needs to:

  • Have been actively operating for at least three years before submitting the application.
  • Have business premises in Ontario where the foreign worker will work.
  • Meet applicable revenue requirements based on the job location.
  • Meet the required number of Canadian citizens or permanent residents employed full-time, based on the location.
  • Have no outstanding orders under applicable Ontario employment or occupational health and safety legislation.
  • Meet applicable recruitment requirements where required.

The job offer must also meet the program’s requirements. For the Workforce Priority Stream, the position must be full-time and permanent, be urgently necessary to the employer’s business, not affect a labor dispute and meet the required wage level for the location.

Employers should therefore review the requirements before making commitments to a prospective foreign worker.

How Employers Start the Ontario Workforce Priority Stream Process

The employer plays an important role at the beginning of the process.

For an eligible job offer:

Step 1: Employer submits the job offer

The employer registers its business in the Ontario Employer Portal and submits information about the position.

Once submitted, the employer receives a job offer ID that the foreign worker needs for the next stage.

Step 2: The worker registers an Expression of Interest

The foreign worker uses the job offer ID to register an Expression of Interest (EOI).

The EOI must generally be registered within 30 calendar days of the employer submitting the job offer.

Step 3: Invitation and application

If the candidate receives an invitation to apply, the employer and worker must complete their respective application requirements within the applicable deadlines.

The employer must also apply for approval of the employment position through the Employer Portal.

Can a Job Offer Help a Foreign Worker Apply Through Express Entry?

Yes, but employers and foreign workers should understand an important distinction.

IRCC no longer awards additional Comprehensive Ranking System (CRS) points for job offers.

As of March 25, 2025, Express Entry stopped awarding the previous 50 or 200 CRS points for qualifying job offers.

However, this does not mean that job offers are irrelevant.

A valid job offer may still be required for certain immigration programs or situations. For example, IRCC states that job offers can remain relevant to the Federal Skilled Worker Program, Federal Skilled Trades Program and some Provincial Nominee Program streams.

This distinction is important for employers.

A job offer should not be promoted as a way to automatically increase a candidate’s Express Entry CRS score. Instead, the offer should be assessed based on the specific immigration pathway available to the worker.

What Makes a Job Offer Valid for Express Entry?

The requirements depend on the Express Entry program and the applicant’s circumstances.

For example, under the Federal Skilled Worker Program, a valid job offer generally needs to be:

  • From one employer
  • Continuous
  • Paid
  • Full-time, meaning at least 30 hours per week
  • Non-seasonal
  • For at least one year after the applicant becomes a permanent resident
  • In an eligible NOC TEER 0, 1, 2 or 3 occupation

The offer may also need to be supported by a positive LMIA or meet one of IRCC’s applicable LMIA-exemption situations.

Employers should therefore avoid assuming that simply providing an employment letter makes a job offer immigration-valid.

 

Does an Employer Need an LMIA?

It depends on the circumstances.

A Labour Market Impact Assessment (LMIA) is used to determine whether hiring a temporary foreign worker is likely to have a positive or negative effect on Canada’s labour market.

Most employers need an LMIA before hiring a temporary foreign worker, although there are LMIA-exempt situations.

If an LMIA is required, the employer is generally responsible for obtaining it before the foreign worker can use the LMIA to support their work permit application.

If the position is LMIA-exempt, the employer may instead need to submit an offer of employment through the Employer Portal and pay the applicable employer compliance fee, unless an exemption applies.

Employers should determine whether an LMIA is required before finalizing the immigration and hiring strategy.

 

Job Offer vs. Work Permit: What Is the Difference?

A job offer and a work permit are not the same thing.

A job offer is an employment commitment from the employer. A work permit is the immigration document that authorizes a foreign national to work in Canada under specified conditions.

For an employer-specific work permit, the permit normally identifies the employer, location and occupation under which the worker is authorized to work.

A foreign worker generally cannot simply begin working because they have received a Canadian job offer.

The appropriate immigration and work authorization requirements must be completed first.

Employer Responsibilities When Hiring Foreign Workers

Hiring a foreign worker comes with ongoing responsibilities.

Employers participating in the Temporary Foreign Worker Program must comply with the conditions associated with the LMIA, the employment offer and applicable immigration regulations.

IRCC states that employers may be inspected for compliance and must keep relevant records for six years from the beginning of the employment period for which the work permit was issued.

Employers may also need to demonstrate that they:

  • Provide the employment described in the offer.
  • Pay the applicable wages.
  • Provide working conditions that meet program requirements.
  • Follow federal and provincial employment laws.
  • Maintain required documentation.
  • Comply with applicable LMIA commitments.
  • Avoid practices that could result in worker exploitation or abuse.

Non-compliance can have serious consequences, including financial penalties and restrictions on access to Canada’s temporary foreign worker programs.

How Job Location and Wages Can Affect Ontario Immigration Opportunities

The location of the job can matter when assessing eligibility under Ontario’s immigration programs.

Under the Ontario Workforce Priority Stream, employer requirements and certain job-offer requirements can vary depending on where the position is located in Ontario.

The required wage level is also an important consideration. The employer must meet the wage requirements applicable to the position and location.

This means an employer should assess the proposed position carefully before submitting an immigration-related job offer.

A competitive salary may help an employer attract international talent, but the wage must also meet the requirements of the immigration program being used.

Can an Employer Hire Skilled Workers Through Express Entry?

Employers do not directly select foreign workers through Express Entry.

Express Entry is an IRCC system used to manage applications for permanent residence under Canada’s federal economic immigration programs.

Eligible candidates create profiles and enter the Express Entry pool. IRCC then conducts invitation rounds based on the applicable selection criteria.

An employer can provide a job offer where appropriate, but the foreign worker must still meet the requirements of the applicable immigration program.

This is why employers should avoid presenting a job offer as a guarantee of permanent residence.

What Employers Should Check Before Offering a Position

Before making an immigration-related job offer, employers should consider:

  1. Is the position genuine?
    The position should represent a real employment need within the business.
  2. Does the employer meet the program requirements?
    The business may need to meet requirements relating to operations, revenue, employees and compliance.
  3. Is the wage appropriate?
    The proposed wage should meet the applicable immigration and employment requirements.
  4. Does the occupation match the job duties?
    The position should accurately reflect the worker’s actual duties and applicable NOC classification.
  5. Is an LMIA required?
    Employers should determine whether the position is LMIA-required or LMIA-exempt.
  6. Does the worker qualify?
    The worker must meet the eligibility requirements of the immigration program.
  7. Are there employer compliance obligations?
    Employers should understand their responsibilities before and after the worker begins employment.

 

Why Professional Immigration Guidance Can Help

Canadian immigration programs can involve federal and provincial requirements that may change over time.

For employers, the correct pathway may depend on the position, wage, location, business circumstances and the foreign worker’s background.

For foreign workers, eligibility can depend on factors such as education, language ability, work experience, occupation, Canadian experience and immigration status.

A job offer can be an important part of an immigration strategy, but it should be assessed as part of the applicant’s overall profile, rather than viewed as an automatic pathway to permanent residence.

Frequently Asked Questions

Does a Canadian job offer guarantee permanent residence?

No. A job offer does not guarantee a work permit, provincial nomination or permanent residence. The employer and foreign worker must meet the requirements of the applicable immigration program, and IRCC makes the final decision on federal immigration applications.

Does a job offer give Express Entry CRS points in 2026?

No. IRCC removed the additional CRS points for job offers effective March 25, 2025. However, a valid job offer may still be relevant to eligibility under certain Express Entry programs and provincial nominee streams.

Does every employer need an LMIA to hire a foreign worker?

No. Many situations require an LMIA, but some jobs and circumstances are LMIA-exempt. Employers should determine the appropriate LMIA or exemption category before proceeding.

Can an Ontario employer support a worker through the Ontario Workforce Priority Stream?

Potentially, yes. Eligible employers with qualifying positions may initiate the process through Ontario’s Employer Portal. Both the employer and foreign worker must meet the applicable requirements.

Can a foreign worker apply for Express Entry without a job offer?

Yes. A job offer is not required for every Express Entry program. Eligibility depends on the specific program and the applicant’s circumstances.

Is a work permit the same as a job offer?

No. A job offer is an employment offer, while a work permit authorizes a foreign national to work in Canada under specified conditions.

Can an employer change the terms of an immigration-related job offer?

Changes may have to be reported and may affect eligibility. Under the Ontario Workforce Priority Stream, employers must report changes to terms such as duties, wage, hours or employment term to the OINP as required.

This article is provided for general informational purposes only and does not constitute legal advice or guarantee approval of an immigration application.

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