Since September 17, 2026, IRCC officers who doubt a job offer must send a procedural fairness letter and give the employer a chance to answer before refusing. What changed, what the employer must do, and what has not changed.
IRCC has changed how officers handle one of the most frustrating outcomes in work permit files: a refusal because the officer was not satisfied the job was genuine, with no chance for the worker or the employer to answer the concern. Until now, an officer could refuse an application over doubts that the job was genuine without ever telling the applicant or the employer what those doubts were, and without giving either of them an opportunity to respond. Under instructions effective September 17, 2026, an officer who doubts the genuineness of a job offer must send a procedural fairness letter (PFL), put the file on hold, and let the employer respond before deciding. This applies to employer-specific work permits under both the Temporary Foreign Worker Program (LMIA-based) and the International Mobility Program (LMIA-exempt).
What Changed on September 17, 2026
These are updates to IRCC's internal instructions to officers, not to the law itself. Officers still assess genuineness under section 200(5) of the Immigration and Refugee Protection Regulations. What is different is the process:
- Where a genuineness concern arises, the officer must issue a procedural fairness letter and place the application on hold instead of refusing it outright. CIC News reports this as mandatory; the wording on IRCC's own page for LMIA-exempt permits is that officers "should" send a letter where the concern comes from information the applicant would not reasonably know.
- The letter must state the specific concerns the officer has about the offer, and tell the applicant that the employer must reply directly to IRCC with documentary evidence.
- As reported by CIC News from the updated instructions, the employer has 15 days (or the applicable office standard) to respond, and the officer schedules the file for review 30 days after that deadline so the employer's webform response can be attached.
- IRCC's page also notes that officers may contact the employer directly using the contact details in the offer of employment.
How Officers Are Now Told to Assess Genuineness
The instructions ask for a more holistic approach, considering all relevant elements together rather than testing a single factor. The regulatory factors have not changed: whether the employer is actively engaged in the business, whether the offer is consistent with the employer's reasonable needs, whether the employer can reasonably fulfil the terms, and the employer's past compliance with federal or provincial rules. Several practical clarifications, as summarized by CIC News:
- An employment contract may be reviewed if submitted, but is not required.
- A physical workplace in Canada is no longer required, and home-based businesses are not in themselves a problem.
- Live-in caregivers are exempt from the "actively engaged in the business" test.
- A business that exists only to bring in foreign workers is still not treated as an operating business.
What an Employer Should Do If a Letter Arrives
The employer, not the worker, answers the officer's concerns, and the answer goes directly to IRCC. The short deadline matters, so employers should be ready before a letter ever arrives. The evidence usually relevant to a genuineness concern includes proof the business actually operates (registration, tax filings, financial statements, payroll records), a clear explanation of why this role is needed and how the pay and duties were set, and a record of compliance with past immigration and labour obligations. Every statement must be accurate: a misrepresentation finding can lead to a five-year inadmissibility period, which is far worse than a refusal.
A procedural fairness letter is not a refusal and not an approval. It is an opportunity to answer. The officer can still refuse after reviewing the response.
Documents That Are Commonly Relevant
IRCC does not publish a fixed list; the letter names the officer's specific concerns, and the employer answers those. The groups below are evidence that is commonly relevant to a genuineness concern, not an official checklist. Send what answers the question asked, not everything you have.
Everything sent must be accurate and consistent with the original application. An inconsistency can create a misrepresentation problem that is worse than the original doubt.
- The business really operates: registration or incorporation documents and any required licences; CRA filings (GST/HST and corporate tax returns, payroll remittances); financial and bank statements; a lease or proof of the work location, including a home office; invoices, customer contracts, website and photos of the operation.
- The job is real and needed: a signed contract or offer letter (reviewable but not required); the job description, duties and hours; how the wage was set against market rates; why the role is needed now; an org chart and similar roles already filled; recruitment efforts.
- The employer can fulfil the offer: payroll records for existing staff; revenue and cash flow showing the wage is affordable; pay stubs, T4s and work records for any earlier foreign workers in the stated role.
- Past compliance: records of earlier offers of employment or LMIAs and that their terms were met; employment-standards and licensing compliance for regulated trades.
Our View: Procedurally Fairer Than Before
In our opinion, this is a fairer process than the one it replaces. Under the old approach, a genuine job could be refused simply because the officer was not sure, and the one party who could have settled the doubt, the employer, was never asked. A doubt is not a finding. Requiring the officer to put the concern in writing and let the employer answer it means refusals are more likely to rest on evidence rather than on uncertainty. That is our view, not an IRCC statement, and it does not change the outcome of any individual file.
What Has Not Changed
Nothing here guarantees approval or shortens processing. The instructions guide officers; they do not remove an officer's discretion to refuse where the evidence does not support a genuine offer. The change gives applicants and employers a fair chance to be heard, which is a real improvement, but it still depends on the employer responding quickly and with solid documents. For anyone already refused before September 17, these instructions do not reopen the decision; options such as a new application or a legal challenge have strict deadlines, so speak to a licensed representative promptly.
General information, checked against IRCC's officer instructions (page updated September 18, 2026) and CIC News reporting on October 2, 2026. Not legal advice; the 15- and 30-day timings come from secondary reporting and your own letter's deadline controls.
