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 or her best foot forward with a thorough and comprehensive application. It is the applicant's responsibility to show that he or she meets the employment requirements. The LMIA does not bind the officer-the officer is still required/entitled to conduct an independent assessment to determine whether the applicant has the ability to perform the work or not. The Federal Court has said that, "The mere fact of the positive LMIA [LMO] is not determinative ..." Singh 2015 FC 115. At a minimum, ensure that the application demonstrates the applicant meets the NOC requirements... Read more →