Immigration, Refugees and Citizenship Canada (IRCC) has updated its instructions for assessing work permit applications where officers have concerns about whether a job offer is genuine.
The updated instructions, published on September 17, 2026, clarify an important procedural safeguard: when an officer has concerns about the genuineness of a job offer, the applicant should be given an opportunity to respond to those concerns before the application is refused on that basis.
This does not mean that IRCC will approve questionable job offers or that an applicant can overcome a non-genuine job offer simply by providing an explanation.
Instead, the change is important because it gives applicants an opportunity to address concerns that could otherwise lead to a refusal.
What Does “Genuine Job Offer” Mean?
A genuine job offer is an important part of many Canadian work permit applications.
IRCC assesses whether the employment being offered is genuine and whether the applicant meets the requirements for the particular work permit category.
For work permit applications, IRCC can assess the employer and the job offer, including whether the employer has complied with applicable requirements. IRCC’s current work permit guidance specifically identifies a non-genuine job offer as a possible reason for refusing a work permit application.
For LMIA-required positions, the Labour Market Impact Assessment process also examines the legitimacy of the employer and the job.
Employment and Social Development Canada (ESDC) assesses whether the employer:
- is providing a good or service in Canada;
- has a reasonable employment need for the position;
- can fulfill the terms of the job offer, including wages; and
- complies with applicable federal, provincial or territorial laws.
Therefore, a positive LMIA or a job offer document should not be viewed as eliminating all questions about the underlying employment arrangement.
What Has Changed?
The significance of the September 17 update is primarily procedural.
If an officer has concerns about whether the job offer is genuine, the applicant should have an opportunity to address those concerns before the officer makes a negative decision based on that issue.
This is important because an officer may identify information in an application that appears inconsistent or raises questions about the employment.
For example, an officer might have concerns about:
- whether the employer actually needs the position;
- whether the duties described are consistent with the position;
- whether the applicant has the qualifications required for the job;
- whether the employment terms are credible;
- whether information in the application is inconsistent;
- whether the employer’s circumstances support the position; or
- whether the documents provided adequately establish the employment arrangement.
The applicant’s response can then provide clarification and supporting evidence.
This Is Not a Guarantee of Approval
The updated instructions should not be interpreted as giving applicants a second chance to repair every deficient application.
An applicant still has to satisfy the requirements of the applicable work permit category.
IRCC continues to state that a work permit application can be refused if the job offer is not genuine, if the applicant does not have sufficient proof of the skills or education required for the position, if the application is incomplete, or for other eligibility or admissibility reasons.
The new procedural protection therefore does not change the underlying requirement that the employment must be genuine.
It changes how an officer should deal with concerns before relying on those concerns as a reason for refusal.
Why Is This Important for Applicants?
A work permit application can contain hundreds of pages of information.
An applicant may provide:
- an employment contract;
- job offer letter;
- LMIA or LMIA-exempt documentation;
- employer compliance information;
- résumé;
- education credentials;
- employment references;
- proof of previous work experience; and
- evidence of the applicant’s ability to perform the proposed job.
An officer may nevertheless identify a concern after reviewing the application.
For example, the applicant’s résumé might show extensive experience in one occupation while the proposed position involves substantially different duties.
Alternatively, the employer’s business activities might appear inconsistent with the position being offered.
The updated approach gives the applicant an opportunity to explain the apparent discrepancy rather than having the application refused without first addressing the concern.
Applicants Should Take the Opportunity Seriously
If IRCC asks an applicant to respond to concerns about a job offer, the response should be treated as an important part of the application.
A weak response could leave the original concern unresolved.
A strong response should normally:
- Identify the concern clearly.
- Explain the relevant facts.
- Provide documentary evidence where available.
- Connect the evidence directly to the concern.
- Correct any misunderstanding or inconsistency.
The response should be factual and evidence-based.
Simply stating that the job offer is genuine is unlikely to address a specific concern if the officer has identified evidence that appears to suggest otherwise.
Example: Employer Business and Job Position
Consider an applicant who has received a job offer from a small Canadian company.
The employer has submitted the required documentation, but the officer questions whether the company has a genuine need for a full-time foreign worker in the proposed position.
The applicant could respond by providing evidence such as:
- the company’s business activities;
- contracts or projects demonstrating demand;
- organizational information;
- evidence of the employer’s operations;
- an explanation of why the position is required;
- details of the applicant’s duties; and
- evidence demonstrating that the applicant has the necessary qualifications.
The exact evidence required will depend on the concern raised.
The important point is that the applicant should address the specific issue identified by the officer, rather than simply submitting more unrelated documents.
Example: Job Duties and Applicant Qualifications
Another potential issue could arise when the proposed job does not appear to match the applicant’s previous experience.
For example, an applicant may have several years of experience as a financial analyst but receive a job offer for a managerial position.
This does not automatically mean the job offer is not genuine.
However, the officer may reasonably want to understand:
- how the applicant obtained the required experience;
- what the proposed managerial duties involve;
- whether the applicant has the necessary education or professional background; and
- why the employer selected the applicant for the position.
A detailed explanation supported by employment records, reference letters, qualifications and information about the employer may help address the concern.
IRCC’s current work permit guidance already states that applicants must satisfy an officer that they are capable of performing the work offered and, where applicable, are likely to qualify for licensing or certification.
A Job Offer Letter Alone Is Not Enough
Applicants should also understand the difference between having a documented job offer and demonstrating that the job offer is genuine.
IRCC’s document requirements for employer-specific work permits can include an employment contract and job offer letter for LMIA-required positions, or an employment contract and offer-of-employment number for many LMIA-exempt positions.
However, the existence of these documents does not automatically establish every element of the application.
IRCC officers assess the application as a whole.
This is particularly important where information in the application raises questions about the employer, position, duties, qualifications or circumstances of the employment.
What About LMIA-Based Work Permits?
The updated IRCC instructions should also be understood in the context of the separate roles of IRCC and ESDC.
For an LMIA-required work permit, ESDC assesses the LMIA, including the legitimacy of the employer and the genuineness and legitimacy of the job offer.
IRCC then assesses the foreign national’s work permit application and whether the applicant meets the applicable immigration requirements.
ESDC states that an employer’s business and job offer must satisfy four broad factors for the LMIA business-legitimacy assessment:
- the business provides a good or service;
- the employment meets a reasonable business need;
- the employer can fulfill the terms of the offer; and
- the employer complies with applicable laws.
This distinction matters because an applicant should not assume that an IRCC procedural safeguard means an officer can simply disregard concerns that arise from the employment arrangement.
What If the Applicant Has a Positive LMIA?
A positive LMIA is important evidence, but the work permit application still involves a separate assessment.
IRCC’s current guidance says officers assess whether the applicant qualifies for the work permit and may also review employer compliance information. Officers can request additional documents or an interview where necessary.
Therefore, applicants should ensure that the information in their work permit application is consistent with:
- the LMIA;
- the employment contract;
- the job offer;
- the employer’s information;
- the applicant’s résumé;
- previous employment history; and
- the proposed duties.
Inconsistencies can create questions that need to be addressed.
What Should Applicants Do If IRCC Raises Concerns?
The response should be targeted.
1. Read the concern carefully
Determine exactly what the officer is questioning.
Is the concern about:
- the employer?
- the position?
- the salary?
- the duties?
- the applicant’s qualifications?
- the business need?
- inconsistencies between documents?
- the applicant’s previous work experience?
Do not respond to a different issue.
2. Gather evidence
Use documents that directly address the concern.
For example, if the concern relates to the employer’s ability to support the position, evidence about the employer’s operations and financial circumstances may be relevant.
If the concern relates to the applicant’s qualifications, employment records, education documents, professional credentials or reference letters may be relevant.
3. Explain discrepancies
If two documents contain apparently inconsistent information, explain why.
For example, a change in job title does not necessarily mean that the underlying duties changed.
Similarly, a difference between an employer’s internal title and the NOC used for immigration purposes may be explainable if the actual duties correspond to the claimed occupation.
The explanation should be supported by evidence where possible.
4. Avoid submitting unnecessary documents
More documents do not necessarily make an application stronger.
The objective should be to provide evidence that answers the officer’s specific concern.
A large collection of unrelated documents can make the application harder to assess.
What This Means for Employers
The update is also relevant to Canadian employers.
Employers should ensure that the information provided to support a foreign worker’s application accurately describes:
- the business;
- the position;
- job duties;
- wages;
- hours;
- work location;
- employment conditions; and
- the employer’s need for the position.
Employers should also maintain records supporting the employment arrangement.
For LMIA applications, ESDC already requires employers to demonstrate the legitimacy of their business and job offer where applicable.
Employers should therefore avoid treating immigration documentation as merely administrative paperwork.
The information should accurately reflect the actual employment relationship.
What This Means for Applicants With Previous Refusals
The update may also be relevant when an applicant has previously been refused because of concerns about a job offer.
Applicants should carefully review the refusal and the officer’s reasons before submitting another application.
IRCC now provides officer decision notes with refusal letters for most temporary resident applications, including work permits and work permit extensions. The measure has applied to most temporary resident applications since July 29, 2025.
These notes can help applicants understand the specific concern that led to the refusal.
A new application should address the actual issue rather than simply resubmitting substantially the same evidence.
Does This Mean Officers Cannot Refuse a Dubious Job Offer?
No.
The updated instructions do not mean that IRCC must approve a work permit whenever an applicant provides an explanation.
Officers can still refuse applications where the applicant does not satisfy the requirements or where the evidence ultimately does not establish that the job offer is genuine.
The important distinction is between:
A concern about genuineness → applicant gets an opportunity to respond → officer assesses the response and evidence → decision
rather than:
A concern about genuineness → immediate refusal without giving the applicant an opportunity to address the concern.
The procedural opportunity does not remove the underlying requirement for a genuine employment arrangement.
The Bottom Line
IRCC’s September 17, 2026 update is important for work permit applicants because it reinforces the opportunity to respond when an officer has concerns about the genuineness of a job offer.
Applicants should not interpret the change as a relaxation of Canada’s work permit requirements.
A genuine job offer remains essential where the applicable work permit category requires one, and IRCC continues to assess the employer, employment arrangement, applicant qualifications and other eligibility and admissibility requirements.
For applicants who receive an opportunity to address concerns, the most important step is to provide a focused, factual and evidence-based response.
The goal is not simply to argue that the job offer is genuine. The goal is to show, through the evidence, why the officer’s specific concern does not prevent the applicant from meeting the requirements of the work permit program.
For work permit applicants, the lesson is straightforward: a job offer should be supported by credible evidence from the beginning, and if IRCC raises a concern about its genuineness, the applicant should use the opportunity to address that concern directly and carefully.
