A recent change to the Express Entry system has drawn the attention of immigration experts and applicants worldwide. Canada has decided to remove the additional points (50 to 200 points) awarded for a Labour Market Impact Assessment (LMIA) which previously significantly boosted candidates' chances of receiving an invitation under the Express Entry.
The government explains this step as an effort to combat fraud related to the sale of LMIAs. However, this new measure raises many questions about its effectiveness and fairness.
What is LMIA, and why it is important?
A LMIA is a document that confirms that a Canadian employer could not find a local worker for a certain position and received an authorization to hire a foreign worker. Under the Express Entry program, a LMIA helps candidates gain additional points, which could substantially improve their ranking in the Comprehensive Ranking System (CRS).
Then why did Canada make this decision?
In recent years, the government noticed that the fraud has drastically increased. Here’s what is going on: some unscrupulous employers would sell LMIAs for the money profit and instead of genuine job offers, they’d create fake ones to help candidates gain extra points and immigrate to Canada.
Why does this step seem pointless to me?
1. LMIA sales are primarily linked to work visas, not Express Entry.
Most LMIA fraud cases involve obtaining work visas, where getting a LMIA is already enough to secure a work visa. In such cases, foreign workers are not immediately required to prove employment with the specified employer.
For the Express Entry candidates the situation is completely different:
• Most candidates are already working in Canada under a LMIA, and their employment is verified through real documents (contracts, letters, tax filings).
• Fake LMIAs are practically useless for the Express Entry because applicants must prove they genuinely work for the specified employer.
If the government truly wanted to combat corruption, a logical step would be to strengthen oversight of work visas issued based on LMIAs, such as verifying whether workers are employed in the declared positions.
2. Increased barriers for qualified candidates.
Removing LMIA points will significantly impact many legal and qualified candidates, especially those already working in Canada and who relied on these additional points to achieve a high CRS score.
The competition in the Express Entry is already fierce, with the cut-off score constantly increasing. By eliminating additional LMIA points, the government deprives many potential candidates of a real chance to immigrate to Canada.
What could be the consequences?
1. Potential reduction in cut-off scores.
Removing additional LMIA points could lower the overall cut-off score in the Express Entry, as many LMIA candidates will no longer achieve high CRS scores. This, in turn, may give other applicants with a lower CRS score, a chance to successfully immigrate to Canada.
2. Increased focus on work visas.
If the government truly aims to combat fraud, it should focus on monitoring work visas. Verifying whether foreign workers are employed in the declared positions could be a more effective measure.
3. Decreased interest in the Express Entry.
Without additional LMIA points, many candidates, even those with Canadian work experience, will find it harder to compete. This may reduce interest in the Express Entry among qualified workers who are already in Canada.
Conclusion
The decision to remove additional LMIA points in the Express Entry system seems rushed and poorly thought through. Instead of tackling the real issues of fraud in the work visa sector, the government has restricted the opportunities for legal and qualified candidates.
Nonetheless, this change may lead to a lower cut-off score in the Express Entry, potentially giving other applicants a chance. However, for a long-term solution to fight the corruption in the immigration system, Canadian government needs to take more targeted actions.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
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