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LMIA Applications Under the Microscope: Why Employers Need to Be Extra Careful

With public sentiment toward the Temporary Foreign Worker Program becoming increasingly critical, Labour Market Impact Assessment (LMIA) applications are now being reviewed with significantly greater scrutiny. Employers should be aware that officers are requesting stronger rationales to justify the immediate need for foreign workers, and that speculative applications based on projected future business conditions are routinely being refused.

In addition, officers are showing far less tolerance for any deviations from program requirements. Recruitment efforts must adhere precisely to prescribed standards, as even small gaps in evidence are likely to result in a refusal. Employers must be able to demonstrate not only that no qualified Canadian candidates were identified for the position, but also must have justifications for why particular Canadian applicants were disqualified during the recruitment process.

Another key area where officers are taking a firmer stance is business legitimacy documentation. In the past, officers would often accept records that differed from the formats outlined in program requirements. Now, refusals are being issued if employers fail to provide financial documentation or attestations in the exact format requested.

These developments highlight the need for carefully prepared LMIA applications. Employers should anticipate closer scrutiny and higher evidentiary expectations. Complete, consistent, and well-documented submissions are more critical than ever to avoid setbacks in the process.