Genuineness of an offer of employment under the Temporary Foreign Worker Program

Employers in Canada of some types of foreign workers need to obtain from Employment and Social Development Canada, a document named Labour Market Impact Assessment (LMIA), before the worker applies for a work permit.

All employers applying to the Temporary Foreign Worker Program must provide a genuine offer of employment, and supporting documents demonstrating the genuineness of the offer. This policy applies to the assessment of the Labour Market Impact Assessment (LMIA) applications.

As set out in paragraph R200(5) of the IRPR, the assessment of the genuineness of a job offer, by an immigration officer, consists of four factors:

(a) Actively Engaged
• whether the offer is made by an employer that is actively engaged in the business in respect of which the offer is made, unless the offer is made for employment as a live-in caregiver

(b) Reasonable Employment Need
• whether the offer is consistent with the reasonable employment needs of the employer

(c) Reasonably Able to Fulfil
• whether the terms of the job offer are terms that the employer is reasonably able to fulfil

(d) Past Compliance, of the Employer and Recruiter, with Federal and Provincial/Territorial Laws
• the past compliance of the employer, or any person who recruited the foreign national for the employer, with the federal or provincial/territorial laws that regulate employment, or the recruiting of employees, in the province/territory in which it is intended that the foreign national works.