Work permit approved after the employer's first LMIA attempt failed
A skilled kitchen supervisor abroad with eight years of experience, and a small Ontario restaurant employer whose first LMIA application had been refused for recruitment defects before they contacted us.
Challenge
The initial LMIA was refused because the advertising ran only three weeks, the posted wage sat below prevailing wage, and the employer had no records of what happened to Canadian applicants. The worker's file also had a stale reference letter that did not describe supervisory duties.
Strategy
We rebuilt the process from the employer side first: a calendar-driven four-week recruitment plan using Job Bank plus two national boards, wage corrected to prevailing wage, and a written screening log for every applicant. Only once the LMIA was positive did we assemble the worker's permit application, with reference letters rewritten by past employers to describe actual duties in their own words.
Evidence
- Four-week recruitment records with a dated screening log for every Canadian applicant
- Prevailing-wage documentation matched across the advertisement, LMIA, and offer letter
- Detailed employer reference letters covering duties, hours, and wage for each past role
- Submission letter addressing the prior LMIA refusal directly and documenting the corrected process
Outcome
The second LMIA was assessed positively and the work permit application that followed was approved for the duration of the offer. The corrected recruitment file — not any argument we made — is what changed the result; outcomes always depend on each file's own facts.
