Genuineness of job offers may be assessed by different officers. In applying for a labour market opinion (LMO), a Service Canada/Human Resources and Development Canada officer will make the assessment. If no LMO is required, an overseas visa officer will do the same. Finally, when the applicant enters Canada, a CBSA officer may also assess genuineness of the job offer.
As per subsection 200(5) of the Immigration and Refugee Protection Regulations, the following four criteria should be satisfied in order to pass the genuineness assessment:
- The employer offering the job must be ‘actively engaged’ in the business;
- The job offer is consistent with the reasonable employment needs of the employer;
- The employer is reasonably able to fulfill terms of the job offer;
- The employer or their authorized recruiter has shown past compliance with federal/provincial/territorial laws that regulate employment or recruitment in the province where the foreign national (FN) will be working.