Spotting LMIA selling and illegal fees

Some people advertise LMIAs or job offers "for sale" at high prices. Under Canadian and Vietnamese rules this is a violation, and the worker carries the greatest risk.

Canadian rules

• The employer applies for the LMIA and pays ESDC the CAD 1,000 fee. Workers never pay for an LMIA.
• According to ESDC, employers must make sure that neither they nor anyone recruiting for them charges or recovers recruitment fees from foreign workers, directly or indirectly. Violations lead to a negative LMIA.
• Recruitment fees include fees a worker pays for help finding or securing a job.
• In LMIA-exempt programs, the CAD 230 compliance fee is paid by the employer.

Vietnamese rules

Law No. 69/2020/QH14 prohibits charging workers brokerage fees, charging service fees outside the law, and deceiving workers with false promises, ads or information.

Warning signs

• Offers of a "ready-made LMIA", an "LMIA slot for sale" or "guaranteed approval" with a price tag.
• Requests for a deposit to "hold" a job offer.
• An unclear employer with no website and no direct contact.
• A contract whose job or wage differs from the LMIA, or a suggestion to declare false information.
• Promises of certain permanent residence after some time.

Possible consequences

• Losing money with no job or permit.
• Refusal; misrepresentation can lead to a ban of up to 5 years on applying to Canada.
• Arriving in Canada to a different job than promised, or abuse.

If it has happened to you

• In Canada: report to Service Canada on 1-866-602-9448 or online.
• Report fraud following IRCC's guidance and to the Canadian Anti-Fraud Centre.
• In Vietnam: report to the police and the local labour authority.

Note No one can guarantee you a job or a Canadian visa. That is the first warning in IRCC's fraud guidance.