New rule

Employer-specific work permit? Since 17 September 2026 IRCC applies four genuineness tests to every job offer, LMIA or not.

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Free tool · employer-specific work permits

Job offer genuineness checker The four tests every LMIA and LMIA-exempt work permit must pass, and the papers that pass them

Before an officer issues an employer-specific work permit, they must be satisfied the job offer is genuine: a real business, a role it actually needs, the money to pay for it, and a clean record with employment and recruitment law. Fail one test and the permit is refused, LMIA or not. Answer eight questions about the employer and this checker shows where the offer stands on each test, what to fix, and exactly which documents to have ready if IRCC writes.

4 testsLMIA and LMIA-exempt15-day response windowIRCC instructions of Sep 17, 2026

IRCC rules · updated Sep 17, 2026

The rule that decides itR200(5)one failed test is a refusal, whatever the LMIA says

Test 1Real business

Test 2Real need

Test 3Can pay

Test 4Clean record

Employer answers a fairness letter within 15 days, directly to IRCC
What the worker sends does not count as employer evidence
Checked again by the border officer, even with a positive LMIA

Step by step

Would this job offer pass?

Answer as the employer would. Nothing you enter is stored.

Job offer genuineness checkerFreeIRCC instructions of Sep 17, 20264 tests

Source: IRCC, Assessing the genuineness of the offer of employment on a work permit application (updated September 17, 2026), applying subsection R200(5). Checked September 19, 2026.

The four tests

What the officer is checking.

Every test must be met. The checker above runs all four and tells you which need evidence.

11 · Actively engaged in the business

The employer must legally exist and be able to show it actively sells goods or services from a physical address in Canada. A company with no employees that exists in name only does not qualify. A business under a year old, negative information online, past verifications or a listing on the non-compliant employers list all trigger an in-depth review.

22 · Consistent with reasonable employment needs

The job must be one you would expect in a business of this type and size, and the employer must be able to explain why it needs the role. IRCC's examples of offers that fail: a catering company hiring a roofer, a ten-person company offering its sixth supervisor role in a year, a franchise restaurant hiring a full-time business analyst.

33 · Able to fulfil the terms of the offer

The employer must show it can provide the hours, wage, benefits and working conditions in the offer for the length of the permit. Officers ask for the T4 Summary, the T2 Schedule 100 and 125 or a T2125, and a workers' compensation clearance letter. IRCC's negative example: a new business that declared $10,000 profit and offered a $45,000 salary with nothing further.

44 · Compliant with employment and recruitment law

The employer, and anyone who recruited the worker for it, must have complied, and keep complying, with federal and provincial employment and recruitment laws. Violations count whether they involved Canadians or foreign workers. An unlicensed recruiter, where a licence is required, is a ground for refusal on its own.

5If the officer has concerns

A procedural fairness letter goes to the applicant, naming which test is in doubt and why. The employer has 15 days to send the evidence directly to IRCC, with a signed acknowledgment. If the employer does not respond and the officer is still not satisfied, the permit is refused.

6At the border

Genuineness can be raised after a provisional approval. Border services officers check all four tests again before issuing the permit, even when a positive LMIA or an International Mobility Workers Unit opinion exists, and must refuse if the tests are no longer met.

Questions

Genuineness, answered.

What does IRCC mean by a "genuine" job offer?

A job offer is genuine when it passes four tests set out in subsection 200(5) of the Immigration and Refugee Protection Regulations: the employer is actively engaged in the business, the job is consistent with the reasonable employment needs of that business, the employer can fulfil the terms of the offer (wage, hours, benefits and conditions for the whole permit), and the employer and anyone who recruited the worker have complied with federal and provincial employment and recruitment laws. If any one test fails, the work permit is refused.

Does the genuineness test apply if the employer already has a positive LMIA?

Yes. A positive LMIA means ESDC is presumed to have found the offer genuine, but the IRCC officer must still be satisfied that every requirement of section R200 is met, including genuineness, and so must the border services officer when the permit is issued. If the officer has concerns, they send a procedural fairness letter and the employer gets a chance to respond.

Does it apply to LMIA-exempt work permits?

Yes. Every employer-specific work permit under the International Mobility Program, including intra-company transfers, CUSMA professionals, Francophone Mobility and PNP-supported permits, is assessed against the four tests. The employer submits the offer through the Employer Portal before the worker applies, and the offer is reviewed once the work permit application is in.

Which work permits are not assessed for genuineness?

Open work permits. A spousal open work permit, post-graduation work permit, bridging open work permit or IEC working holiday permit is not tied to one employer or job, so there is no offer to assess.

What documents will IRCC ask the employer for?

It depends on which test raises a concern. For active engagement: confirmation of the CRA business number, business licences or permits, income and tax documents, and contracts that prove the business is trading. For ability to pay: a T4 Summary of Remuneration Paid, T2 Schedule 100 and 125 for a corporation or a T2125 or financial statement for a sole proprietorship or partnership, and a workers' compensation clearance letter. Where the work is contracted from a foreign company: the business contracts and licences. For compliance: information about any past orders or penalties, and the recruiter's licence.

How long does the employer have to reply to a procedural fairness letter?

15 days, or the office's own standard if it sets one. The letter names which of the four tests is in doubt and why. The employer replies directly to IRCC, usually by webform, with the documents requested, the applicant's details exactly as in the passport, the application number, and a signed letter acknowledging that IRCC asked for the documents and that the employer is providing them. IRCC then waits a further 30 days for the reply to reach the file before deciding.

Can the worker answer the letter for the employer?

Not effectively. Under the employer compliance regulations, information provided by or requested from the foreign national does not count as information "provided by the employer" and cannot be inspected for accuracy. Officers use what the worker sends only to confirm the worker understands the job. The evidence on genuineness has to come from the employer.

What happens if a recruiter was not licensed?

Where the province requires recruiters or employment agencies of foreign nationals to hold a licence, and the recruiter who acted for the employer does not have one, IRCC can refuse the work permit on that ground alone: under R200(1)(c)(ii.1) for LMIA-exempt permits and R200(1)(c)(iii) or R203(1)(a) for LMIA-based permits. IRCC names Manitoba and Alberta as examples; Ontario, British Columbia, Saskatchewan, Quebec, New Brunswick and Nova Scotia also license recruiters.

Is a business run from home a problem?

Not by itself. IRCC says the concern is the lack of evidence of engagement, not the address. A business that sells handmade goods or provides digital services can reasonably run from home; a restaurant or a large-scale operation usually cannot. What matters is proof that the business actively sells goods or services.

The permit was approved. Can genuineness still be raised at the border?

Yes. If information arrives after the letter of introduction but before the permit is issued, the border services officer can ask the employer for more and must refuse the permit if the four tests are no longer met. Even with a positive LMIA or an International Mobility Workers Unit opinion, the officer at the port of entry checks all four tests again.

IRCC — Assessing the genuineness of the offer of employment on a work permit application · updated 2026-09-17
Immigration and Refugee Protection Regulations, s. 200(5), 203(1), 209.11 · genuineness factors
IRCC — Employers who have been found non-compliant · public list

Keep going

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Amber or red on any test? Fix it before you file.

A licensed RCIC will read the offer the way an officer will, tell the employer exactly which documents to assemble, and draft the explanation of the role so the question is answered before it is asked.

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