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Specialists in Immigration Litigation & Inadmissability
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July 11, 2018

This Week’s Success Story: LMIA Application Approved After a Potential Refusal

Posted by Fabiola Arevalo - Bellissimo Law Group PC

We assisted a client with a Labour Market Impact Assessment (LMIA) application as they needed a specialized medical assistant to fill a position. They found that none of the candidates within Canada fit the job requirements. We submitted a detail report on all the applicants, with explanations as to why they did not fit the profile accordingly. The LMIA was heading towards a refusal by Service Canada as they stated not enough effort was made to hire a Canadian citizen. After doing some research, we had a second look at the resumes in question and decided that the employer was correct in regards to not offering a position to the Canadian applicants. These applicants had much higher expectations and all had higher level credentials than the position required. We argued that those applicants would not last on the job, as they were looking for something in their own specialization. In conclusion, the officer was convinced that the employer was right in not offering the position to those applicants. Therefore, we turned this situation from a potential refusal, into a positive LMIA decision. The employer is happy and we are pleased that we were able to reverse the first impulse of the officer to refuse the application. The satisfaction of a job well done!