Does the job offer in an LMIA need to be genuine?
Yes. The job offer supporting an LMIA application must be genuine — meaning the employer actually intends to hire the foreign worker to perform the described duties at the stated wages. Service Canada and IRCC both have authority to assess whether an offer is genuine, and fabricated or contrived job offers are a form of misrepresentation under federal immigration law.
Misrepresentation in the context of an immigration application — including an LMIA application — can have severe consequences. For the foreign worker, a finding of misrepresentation can result in a five-year bar from Canada and a permanent notation on their immigration record. For the employer, it can result in LMIA revocation, monetary penalties, and a ban from the Temporary Foreign Worker Program.
Service Canada looks for signs that a job offer is not genuine: a position that does not match the employer's actual business needs, wages far out of line with industry norms, employers who cannot demonstrate they have the capacity to employ the worker, or situations where the worker and employer appear to have a pre-existing personal relationship that suggests the LMIA is arranged for immigration purposes rather than genuine employment.
Key takeaways
- The job offer must reflect a genuine intent to employ — fabricated offers are misrepresentation.
- Misrepresentation can bar the worker from Canada for five years and result in employer bans.
- Service Canada looks for indicators that an offer is contrived rather than a real business need.
- Both employer and worker should ensure all representations in an LMIA are accurate and honest.