To support a foreign worker under the Ontario Immigrant Nominee Program (OINP) in 2026, an Ontario business must have been operating for at least three years, have premises in Ontario where the worker will work, meet a gross revenue floor and a minimum count of full-time Canadian or permanent resident staff that both depend on the work location, have no outstanding employment standards or health and safety orders, and offer a full-time, permanent position at the required wage. All of this now runs through a single employer-driven stream, the Ontario Workforce Priority stream. The employer’s side of the file is usually where these applications fail, so it is worth checking before anyone registers an Expression of Interest.
Key Takeaways
- The employer starts the process: it registers in the OINP Employer Portal and submits a job offer before the worker can register an Expression of Interest (EOI).
- Revenue and headcount thresholds depend on where the worker will work or report to work: roughly $1 million and 5 full-time staff in the GTA, less outside it.
- The job must be full-time (at least 1,560 hours a year and 30 hours a week), permanent, and paid at or above the Job Bank median wage for the region.
- Domestic recruitment is required unless the worker is already authorized to work in Ontario or the employer holds a positive LMIA for the same position, and OINP will refuse an application where an immigration representative ran the recruitment.
- After nomination, the employer must keep the worker in the approved position on the approved terms until permanent residence is decided.
Where do employer requirements fit in the new OINP?
Ontario rebuilt the OINP in 2026. The former employer job offer streams were folded into one Ontario Workforce Priority stream, with categories for TEER 0 to 3 jobs, TEER 4 and 5 jobs, and self-employed physicians. We covered the announcement and the October 2025 amendments in our earlier post on the 2026 OINP overhaul for Ontario employers. This article focuses on the part that stays constant across the job offer categories: what the business itself must show.
The rules sit in section 4 of Ontario Regulation 422/17 under the Ontario Immigration Act, 2015, and are summarized in the province’s OINP employer guide. Where the guide and the regulation differ, the regulation governs. The instructors at a 2026 LPEN session on the new OINP were blunt that high employer eligibility requirements are one of the main drawbacks of the program compared with federal routes.
What must the business itself show?
Three years of active business
The business must have been in active operation for at least three years before it applies. This applies to corporations, limited partnerships and sole proprietorships. The panel pointed out two situations that need extra evidence:
- Amalgamation within the last three years: show that at least one predecessor business was in continuous operation before the amalgamation.
- Purchase of an existing business within the last three years: show that the business ran continuously before the purchase and kept the same purpose afterward, meaning the same products or services.
The panel also noted that years the business operated outside Canada can count toward the three years. Typical proof is the articles of incorporation or a certificate of status, a master business licence for a sole proprietorship, or a partnership agreement, together with financial records.
Ontario premises where the worker will work
The employer needs business premises in Ontario at the location where the worker will work, supported by a deed or a lease, licence or offer to lease. Hybrid arrangements can work if the worker regularly attends a permanent Ontario workplace when not working from home. The panel’s view was that a fully remote role is very unlikely to qualify.
Revenue floor tied to the work location
Gross revenue is measured against the most recently completed fiscal year, and the threshold depends on where the worker will work or report to work:
| Work location | Minimum gross annual revenue |
|---|---|
| GTA (City of Toronto, Durham, Halton, Peel, York) | $1,000,000 in the most recent fiscal year |
| Listed census divisions such as Ottawa, Waterloo, Hamilton, Simcoe, Middlesex, Niagara, Essex, Wellington, Greater Sudbury, Frontenac, Brant, Peterborough, Hastings and Thunder Bay | $500,000 in the most recent fiscal year |
| Anywhere else in Ontario | $250,000 in each of the two most recent fiscal years |
Revenue is usually proven with CRA T2 schedules 100 and 125, or with financial statements signed by a professional accountant. Kingston falls in Frontenac, so a Kingston employer is measured at the $500,000 level. Confirm the current list on the OINP employer guide before relying on it, because Ontario can change these figures.
Full-time Canadian or PR staff at that location
The business must have a minimum number of full-time employees who are Canadian citizens or permanent residents and who work or report to work at the same location as the nominee:
- at least 5 if the location is in the GTA
- at least 3 if the location is outside the GTA
A full-time employee is one who works at least 30 hours a week. The T4 Summary for the previous fiscal year is the usual evidence. For small employers, the panel suggested preparing an employee list with the first three digits of each SIN, redacted T4s and pay stubs.
“Report to work” matters where the worker moves between sites. It means either the location where the worker’s immediate supervisor works or the administrative office that assigns the work. A business with a mobile workforce can count both staff who work at that location and staff who report to it.
Clean labour compliance record
The employer must have no outstanding orders under the Employment Standards Act, 2000 or the Occupational Health and Safety Act. OINP checks this with the Ontario Ministry of Labour. An unresolved order will stop the file, so deal with it first.
Sector-specific rules
For transport truck drivers (NOC 73300) and bus, subway and transit operators (NOC 73301), the business must also hold a valid CVOR certificate with a safety rating of Excellent or Satisfactory, and file a Level 1 CVOR abstract. Ontario Public Service employers cannot participate.
When does the employer have to recruit Canadians first?
Recruitment is required unless one of two exceptions applies:
- the worker is already authorized to work in Ontario, or
- the employer has a positive LMIA for the same NOC code and position.
Where recruitment is required, OINP expects at least two methods, such as a Job Bank posting, print media, general or specialist job sites, the employer’s own careers page, or job fairs. Advertisements should run for at least four weeks before the offer is made and show the operating name, address, title and duties, skill requirements, wage, work location, contact details, and posting and closing dates. Keep a summary of how many people applied, how many were interviewed, and why each was not hired.
One rule catches employers off guard. OINP does not accept recruitment carried out by an immigration representative, because the representative has a financial interest in the search failing. The employer guide states that an application showing recruitment by an immigration representative will be refused. Run the search yourself or through a recruiter who is not your immigration counsel.
If you have been through the federal process, much of this will look familiar from our employer guide to LMIAs.
What must the job offer look like?
- Full-time and permanent. At least 1,560 hours in a year and at least 30 paid hours a week, with no end date. Seasonal and contract positions do not qualify.
- Urgently necessary. The role has to fit the existing business and need filling on a priority basis to maintain or grow it. The panel’s experience was that officers accept this where the position makes obvious sense for the operation.
- No labour dispute. The offer cannot affect anyone involved in a labour dispute.
- Work primarily in Ontario, except for NOC 73300 and 73301.
- Wage at or above the Job Bank median for the region of employment. For TEER 0 to 3 jobs offered to a recent Ontario graduate, the low wage level is enough. If the worker already holds the job, the offered wage must also be at least what they are currently paid. Only base wage counts: bonuses, commissions, piece work and vacation pay are excluded. The wage rule does not apply to jobs covered by a collective agreement.
The panel noted that the prevailing wage test can look forward. If a current employee is below the median, the employer can offer a raise, but the new terms must take effect by the date of nomination.
How does the employer side of the application work?
- Register in the Employer Portal. One authorized signing officer registers the business and makes the declaration. Registration details cannot be changed later, so enter the CRA number, legal name, incorporation date, revenue, headcount and NAICS sector carefully.
- Submit a job offer. Choose the category (TEER 0 to 3 or TEER 4 to 5), enter the worker’s details, the five-digit NOC, the hourly wage and the full work address. A representative can be appointed on the job offer.
- The worker registers an EOI within 30 calendar days using the job offer ID.
- If the worker is invited, the employer has 14 calendar days to submit its application for approval of the employment position. The worker has 17 days and cannot submit until the employer has.
If the wage or NOC needs to change after the job offer is submitted, the employer must withdraw it and submit a new one, and the worker must register a new EOI. Get the offer right the first time.
OINP no longer asks for missing documents after its completeness check. Under O. Reg. 421/17, an incomplete application is returned. Upload a signed job offer, preferably a recently dated one or a confirmation letter if the original is more than six months old, the consent form with the signing officer’s wet signature, recruitment evidence where needed, any LMIA, and the relevant part of any collective agreement. Each file can be up to 10 MB.
What does the employer owe after nomination?
Nomination is conditional. Until the worker’s permanent residence application is decided, the employer must keep them in the approved position on the approved duties and pay. OINP expects to be contacted before any change to title, duties, wage, hours or work location, and must be told if the employment ends. The approval and the nomination can be cancelled if the worker leaves. OINP’s Post-Nomination Verification Unit conducts follow-ups.
To let the nominee work while permanent residence is processed, the employer must also submit an offer of employment through IRCC’s Employer Portal and pay the employer compliance fee. Our guide to employer immigration compliance covers what inspections look for. Ontario raised the minimum administrative monetary penalty for employers under the Ontario Immigration Act, 2015 from $2,000 to $10,000 in July 2024.
Frequently asked questions
Can a new business use OINP to hire a foreign worker?
Generally not. The business needs at least three years of active operation. A business bought within the last three years may qualify if it ran continuously before the purchase and continues to provide the same products or services.
Does a Kingston or Ottawa employer need $1 million in revenue?
No. The $1,000,000 threshold applies to work locations in the GTA. Frontenac (Kingston) and Ottawa are on the $500,000 list. Confirm the current list on the OINP employer guide.
Can our immigration lawyer run the job ads for us?
Not for OINP purposes. OINP refuses applications where domestic recruitment was carried out by an immigration representative. Your lawyer can review the ad content, but the recruitment itself should be run by the business or an independent recruiter.
Do we need to recruit if the worker already holds a work permit in Ontario?
No. The recruitment requirement does not apply if the worker is already authorized to work in Ontario, or if you hold a positive LMIA for the same NOC and position.
What happens if we promote the nominee before they get permanent residence?
Tell OINP first and submit a revised job offer signed by both of you. OINP may issue an updated work permit support letter. A change made without approval can put the nomination at risk.
For how OINP fits with other provincial programs, see our Provincial Nominee Program guide. To assess whether your business qualifies before you submit a job offer, contact us.
Ask us about your matter
Tell us where your file stands and we will reply within two business days. Please do not send documents or identification numbers in this first message.
Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on Ontario employer nominations and foreign worker hiring. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.
