LMO Problem At The Border

[FrancescoDi]

Hello,

I recently had an employer complete an LMO (Labour market opinion) to sponsor me. I used a lawyer to help with the process and the LMO was approved for me to work for my employer for 2 years.
The lawyer advised I go over the border to the USA and come back to obtain my working permit. When I did I was only granted 1 year. I am confused because 2 years was already approved and when I asked the officer why, she told me the market could change and it was her final decision, and if I wanted more time I would have to re apply. How is she able to make this decision when it was already approved for 2 years? Also, she is not a job market analyst so how is she able to make a decision about the changing market (did the LMO not already grant me 2 years?) Obviously my employer needs me to work for him for at least 2 years. Does she have that much power to change an already approved document? Is there somewhere I can turn to appeal this?

If you have any advice it would be greatly appreciated. Thank you so much.
Francesco.

 

[amikety]

Yes, she has the power to shorten the work permit to one year. She is correct. If you want more time, you will need to re-apply. She's entitled to shorten terms as she sees fit as part of her job. For all you know, she got an email last week from her boss showing job trends and the job you applied for is trending down.

You have no idea what information she has access to. She herself might not be a job market specialist, but you can bet people that support her within the government are.

 

[FrancescoDi]

Thank you for your reply amikety. Arn't those people that support her within the government also the same people who already approved the LMO for 2 years though?
I felt like I was inconveniencing her and it was as if she didn't even care how this would affect myself and my employer.
It's been such a struggle getting this far in the process and very frustrating to not only myself but to my employer who needs me to work.
Thanks again.

 

[amira_mais]

Thank you for your reply amikety. Arn't those people that support her within the government also the same people who already approved the LMO for 2 years though?
I felt like I was inconveniencing her and it was as if she didn't even care how this would affect myself and my employer.
It's been such a struggle getting this far in the process and very frustrating to not only myself but to my employer who needs me to work.
Thanks again.

CIC/CBSA officers who issue work permits have the final say. They usually accept the terms of the LMO, but not always. In your case, you were unlucky that the officer felt it was better to shorten the duration of the WP. It may have had to do with the nature of the job - if she felt Canadians could conceivably be found for this type of job in the not too distant future, she would be more inclined to issue a shorter permit. Also, she may have had access to more recent or different information than HRSDC used, that guided her decision.