LMIA refusals: the recruitment mistakes we see most

When a Labour Market Impact Assessment comes back negative, the candidate usually assumes something was wrong with them. In our experience the cause is almost always upstream, in the recruitment the employer ran before the application was ever filed.

Advertising that does not meet the requirement

The role has to be genuinely advertised to Canadians and permanent residents, for the required period, using the required methods. Employers frequently under-advertise, use only one channel, or take the posting down early. The evidence is then insufficient, and no amount of explanation afterwards repairs it.

A job description written around one person

If the requirements read as though they were reverse-engineered from a specific candidate's résumé, that is visible. Unusual language combinations, oddly specific years of experience, or niche software demands all invite the conclusion that the search was never genuinely open.

Wage and classification mismatches

The offered wage must meet the prevailing wage for that occupation in that region, and the duties must genuinely match the NOC code used. A mismatch between the title, the duties and the wage is one of the most reliable ways to attract scrutiny.

Thin records

Employers are expected to show what they did with the applications they received, including why Canadian applicants were not suitable. Vague or missing records make the recruitment look nominal even when it was real.

What we do differently

• Confirm the NOC code and wage level before a single advert goes out.
• Set the advertising plan in writing and diarise the dates.
• Keep a contemporaneous record of every applicant and the reason for each decision.
• Review the file as a whole before submission, from the assessor's point of view.

It is far cheaper to run recruitment correctly the first time than to rebuild a case after a negative assessment.