An LMIA does not guarantee that a work permit will be issued to the applicant. The immigration officer still has the discretion to determine whether the applicant can do the job proposed and whether they meet the requirements of the Act and Regulations. It is the responsibility of the applicant to provide a complete and comprehensive application, demonstrating that they meet the NOC requirements and LMIA. The onus is always on the applicant to provide a thorough and relevant application, and there is no entitlement to further opportunities to improve the material. A LMIA Does Not Mean a Work Permit Will be Issued A positive labor market impact assessment, or LMIA, does not mean that an applicant is entitled to a work permit. An immigration officer is still required under the regulations, specifically section 200[3][A] to determine whether the foreign national applicant is able to perform the work sought. If the work permit is rejected, the only option is a judicial review at the federal court and the court will not likely interfere in such a [highly discretionary] bracket determination. Remember, the onus is always on the applicant to put forward a complete application. The applicant has to put his... Read more →