Important Updates
Important Updates
December 24, 2025 | United StatesUnited States: District Court Judge Issues Opinion Upholding $100,000 H-1B Fee
December 26, 2025 | ChinaChina: Extension of Waiver of Fingerprint Requirement for Short-Term Visa Applicants at Certain Consular Posts
December 26, 2025 | 🌐Minimum Salary Changes Announced
December 26, 2025 | United StatesMitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine
December 26, 2025 | OmanOman: New Licensing Requirement for Select Roles 
December 24, 2025 | United StatesUnited States: District Court Judge Issues Opinion Upholding $100,000 H-1B Fee
December 26, 2025 | ChinaChina: Extension of Waiver of Fingerprint Requirement for Short-Term Visa Applicants at Certain Consular Posts
December 26, 2025 | 🌐Minimum Salary Changes Announced
December 26, 2025 | United StatesMitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine
December 26, 2025 | OmanOman: New Licensing Requirement for Select Roles 
December 24, 2025 | United StatesUnited States: District Court Judge Issues Opinion Upholding $100,000 H-1B Fee
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Harsher Penalties for Employers Disobeying Foreign Worker Laws

July 16, 2015

insight-news-default

Country / Territory

  • CanadaCanada

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Canada

Employers with foreign workers under both the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) who do not obey immigration laws are expected to face harsher penalties as of December 1, 2015 due to the implementation of the Administrative Monetary Penalty (AMP) scheme, which will be administered together by Citizenship and Immigration Canada (CIC) and the Ministry of Employment and Social Development (ESDC). The new penalty structure was introduced due to reports of employer abuses of the programs. 

The AMP was published in the Canada Gazette following public feedback to a government discussion paper outlining proposed consequences for noncompliant employers.

Harsher Penalty Structure

Under the AMP scheme, employer noncompliance will be divided into three types of violations, to which CIC and ESDC will assign points based on the severity of the violation and the employer’s noncompliance history.  New penalties include bans from using the program ranging from one to ten years per violation or a permanent ban for the most serious violations. The current consequence is a two-year ban.  Employers could also face fines ranging from CAD$500 to CAD$100,000 per violation.  Fines would be capped at CAD$1 million per year, per employer.  Employers with unpaid fines will not be able to file new Labour Market Impact Assessments (LMIAs) and/or work permit applications.

The new penalty structure will not apply to noncompliance that occurred prior to December 1, 2015.

Leniency Offered in Regulations

The regulations offer the following policies for employers, which may provide some relief in case of noncompliance:

  • Allowing employers at least 30 days to respond in writing to preliminary findings of an investigation, with the possibility of extensions;
  • Allowing employers to voluntarily disclose mistakes and receive a lesser penalty, such as a written warning;
  • Allowing employers to enter into payment agreements;
  • Allowing penalty exemptions where the noncompliance was the result of good faith or unintentional mistakes in interpretation, accounting, or administration; and
  • Posting an online list with only the names of employers who have been fined or banned from using the program, instead of the names of all employers found to be noncompliant, as is now the case.

Employer Compliance Guide

ESDC has also published an Employer Compliance Guide, which contains best practices for employers with foreign workers under LMIA-based work permits. Employers who employ LMIA-exempt foreign workers under the IMP must adhere to the conditions set out in the “Offer of Employment” form (IMM5802), such as the occupation, annual salary, benefits and work location, as those are the factors that will be examined during a potential audit by officials.

Appeals Process

Employers with foreign workers under either the TFWP or the IMP have at least 30 days to contest the findings of an investigation, but once a final determination is made, there is no further appeals process.  This would leave legal action as the only viable option for an appeal.

What This Means for Foreign Nationals

Employers should work with their administrative departments to ensure that foreign workers’ records are complete and in order in case of inspection, and that any immigration rules, including ensuring employees are working under the same conditions as outlined in submissions to immigration officials, are strictly followed. 

Fragomen will monitor and report on any changes surrounding the lack of an independent appeal process.

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected]. 

© 2015 Fragomen

Country / Territory

  • CanadaCanada

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Mitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine

Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.

Learn more

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Mitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine

Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.

Learn more

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.