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July 18, 2019

This Week’s Success Story: Work Permit after an LMIA-based Work Permit Refusal

Posted by - Bellissimo Law Group PC

A client that used another representative came to us in a desperate state. A dentistry cabinet obtained a positive Labour Market Impact Assessment (LMIA) to hire a foreign worker (dentist). The client applied for a work permit (WP), using the same representative, but his application was refused. It is very rare that a work permit is refused, given the company wanting to hire him/her received a positive LMIA.

We have reviewed the whole LMIA application and also the previous work permit application and recognized a few pitfalls in the foreign worker’s situation. He was a green card holder, but his credentials were not recognized in the USA. On the other hand, his credentials were recognized in Canada, as he passed all the required exams to become a dentist in Canada. This is a potential point of interest, meaning that he could not practice his occupation in the USA, but only in his home country and in Canada. This might raise an issue with Immigration, Refugee and Citizenship Canada (IRCC).

We have ordered also the notes of the immigration officer, made in the IRCC system, for the previous work permit application. In our submission, we laid down the scenario and addressed each issue or potential issues that might have arisen after the application was re-submitted online. The client was extremely satisfied with our submissions and congratulated us on our thoroughness. After a couple of weeks, we received notification from IRCC that his work permit application was approved for two years. You can imagine the happiness of the applicant and our satisfaction for a job well-done!