When Is a Canadian Job Offer Genuine for a Work Permit

Why Genuineness Matters

For an employer-specific work permit, Immigration, Refugees and Citizenship Canada (IRCC) assesses the offer of employment under subsection 200(5) of the Immigration and Refugee Protection Regulations. The purpose is to determine whether the job is real, operationally justified, financially supportable and connected to an employer that complies with employment and recruitment laws.

This assessment applies to employer-specific applications under both the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP), including renewals. Open work permits are not assessed under these job-offer genuineness factors because they are not tied to a particular employer or position.

The Four Factors IRCC Examines

1. The employer is actively engaged in the business

The employer must do more than legally exist. The organization should be operating and actively providing goods or services. Its business history, principal activities, staffing, revenue, physical or operational presence, licences, tax records, contracts and public information may all be relevant. A home-based business is not automatically a concern; the question is whether the evidence fits the nature and scale of the business.

2. The position reflects a reasonable employment need

The proposed occupation should make sense for the employer's industry, size and operations. The employer should be able to explain why the role is needed, what the worker will do and how the position fits within the organization. A role that appears unrelated to the business, disproportionate to its workforce or unsupported by its operations may attract closer review.

3. The employer can fulfill the terms of the offer

The employer must be able to provide the promised wages, hours, benefits and working conditions for the proposed employment period. IRCC may review payroll information, corporate or business financial statements, tax records, workers' compensation standing, contracts and other evidence of present and future business activity.

4. The employer and recruiter comply with employment and recruitment laws

IRCC considers whether the employer and any recruiter acting for the employer have complied, and are expected to continue complying, with applicable federal and provincial or territorial rules. This can include laws governing wages, benefits, workplace safety, recruitment, licensing and employer conduct. A recruiter may need a provincial licence where the law requires one.

Employer Perspective

The employer carries the practical burden of showing that the business and the position are credible. Information submitted in an LMIA application, the Employer Portal, an offer letter, an employment contract and any later response should be accurate and consistent. Contradictions about duties, wages, work location, hours, reporting structure or the employer's operations can undermine the offer.

An employer should be prepared to document:

• active operations, including the goods or services provided, business location and operating history;
• the genuine need for the particular occupation and how it fits into the workforce;
• the ability to pay the offered wage and provide the promised hours and benefits;
• required registrations, licences, permits and workers' compensation coverage;
• the employer's compliance history and the licensing of any recruiter involved; and
• a reliable contact person who can respond promptly and directly if IRCC requests evidence.

New or small businesses are not automatically disqualified, but they may need stronger, current evidence. Incorporation documents alone are rarely enough to demonstrate active operations or the financial ability to employ a foreign worker.

Foreign National and Prospective Employee Perspective

The applicant should understand the job and ensure that the work-permit application accurately reflects the offer. IRCC may use information from the foreign national to confirm their knowledge and understanding of the proposed employment. The applicant should be able to explain the employer's business, the position, duties, wage, hours, work location, reporting relationship and how the opportunity arose.

Before applying, the foreign national should:

• verify that the employer is operating and that the employer's contact information is genuine;
• review the LMIA or IMP offer details and compare them with the contract or employment letter;
• confirm that the job title, duties, wage, hours, location and duration are consistent across all documents;
• understand that paying for a job offer, using false documents or accepting invented duties can create serious immigration consequences;
• retain copies of the offer, contract, LMIA where applicable, communications and proof of recruitment; and
• remain ready to coordinate quickly with the employer if IRCC raises concerns.

TFWP and IMP Applications

What Happens if IRCC Has Concerns

When an officer has concerns about genuineness, IRCC guidance indicates that a procedural fairness letter should identify the relevant factor and explain why more information is required. The employer is generally expected to provide the requested evidence directly to IRCC within the stated deadline, which may be 15 days or another period set by the processing office. If the employer does not respond, or the evidence does not resolve the concern, the application may be refused.

IRCC may also consider information outside the application, including publicly available information about the employer. When such extrinsic information is relied upon in assessing genuineness, the applicant should be given an opportunity to respond before a negative finding is made.

The Offer Must Remain Genuine Until the Work Permit Is Issued

A letter of introduction is not the work permit itself. If new information arises before entry to Canada, a border services officer may seek further information and reassess whether the offer continues to meet the four factors. The work permit may be refused at the port of entry if the requirements are no longer met.

Practical Conclusion

A strong employer-specific work-permit application presents one consistent account of a real business, a necessary position and employment terms the employer can deliver. Employers should maintain objective business and financial records, while foreign nationals should understand the job and verify that every document tells the same story. Neither an LMIA nor an employment contract can cure material inconsistencies or weak evidence about the employer's operations.

Official Sources

• Immigration, Refugees and Citizenship Canada, Assessing the genuineness of the offer of employment on a work permit application, operational instructions and guidelines, modified September 17, 2026.