Before attempting to fulfil the requirements of an employment validation, the employer should look at bringing the foreign worker to Canada, based on one of the several visa exemptions that exist in the regulations. These exemptions, such as the E-15 Intra Corporate Transfer, the E-19 Significant Benefit for Caanada Exemption, the E-99 Reciprocal Benefit Exemption, as well as exemptions that exist within the Free Trade Agreement between Canada and the United States, are all ways a foreign worker may enter Canada as a temporary worker without employment validation by a Canada Employment Centre.

In the case of these exemptions, the foreign worker may be issued an employment authorisatin by a visa officer without the need for Authorisation by a Canada Employent Centre, prior to the visa officer's determination of the case.

In the event that a confirmation of offer of employment or employment validation is required, the Canadian employer must satisfy the Canada Employment Centre that he has made reasonable efforts to hire a Canadian or permanent resident for the position in question.

An employment validation will only be granted in the event that the Canada Employment Centre is satisfied that the working conditions and wages offered for the position in question are sufficient to attract and retain Canadian citizens or permanent residents. Once the confirmation of offer of employment is approved by the Canada Employment Centre, a visa officer at a Canadian consulate or embassy or, in exceptional circumstances, an immigration officer in Canada or at any port of entry, may issue the applicant an employment authorisation for temporary work in Canada for up to two years.

The temporary employment authorisation is renewable. However, when it becomes apparent that the temporary worker's intention is to permanently reside in Canada, the applicant should apply for landed immigrant status as it is probable that subsequent renewals will be refused. Before a Canada Employment Centre can consider offering a confirmation of offer of employment, the prospective employer must complete a standard questionnaire and detail the nature and extent of the employer's business and the employer's efforts at recruiting a suitable Canadian citizen or permanent resident.

The Canada Employment Centre official will consider whether the occupation for the worker is in high demand and whether the wages and working conditions being offered are competitive in the industry.

To this end, the employer must show that his efforts at recruitment have been reasonable through advertising in a national newspaper, on-campus recruitment, engagement of a placement agency, head hunter or other similar endeavors.

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Additionally, the officer will also consider the need to use the foreign applicant as an eventual trainer of Canadian citizens and permanent residents to fill the position upon his departure. The Canadian Employment Officer will issue the confirmation of temporary employment if the benefits the individual will bring to Canada outweigh his impact on the labour market.

The procedural requirements in an application for "confirmation of Offer of Temporary Employment" usually take between two to three months to complete at the Canada Employment Centre responsible for the business in question and the applicant requests a temporary employment authorisatin at a Canadian consulate or embassy outside Canada and attends an interview.

This could take up to three months to come through, depending on the backlog of applicants at the visa office handling the application. In certain cases, the Canadian consulate will waive the need for the interview if the visa officer is satisfied that the foriegn worker is clearly qualified for the position offered.

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