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LMO Rejected...Not Offering Average Wage...help!

colmforest

Full Member
Sep 2, 2009
35
0
Hi There,

Unfortunately my LMO application was rejected due to the wage being offered by my employer was $5 per hour lower than the average wage for the NOC code. We've readvertised for the position with the new wage, but I don't think my employer is going to increase my pay. Will this mean it will get rejected again even if we readvertise the job under the "correct" wage?

Thanks,

CC
 

jes_ON

VIP Member
Jun 22, 2009
12,091
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
The offered wage must be in the LMO application, and would have to be presented along with the contract/letter of employment, as part of the documents submitted for the TWP. Any disparity would be noted and cause for rejection.

As well, your employer would be foolish to give you a signed contract at one wage and then not actually pay that wage to you. Beyond the fact that your employer would open themselves up to legal problems, your employer could be audited any time, and any discrepancy would be cause for revoking the LMO/TWP, as well as making them ineligible to hire foreign workers in the future.

There is a lot of political hot air right now about "protecting" foreign workers from abusive employers, and underpayment is one of the hot issues. Don't know if it will really translate into action, but it's not something I would want to gamble on...

Good luck - hope you can negotiate a raise out of this :)
 

shema2010

Newbie
Jan 8, 2010
2
0
hi,

m new here.i will greatly appreciate any help please. i have applied for a live in caregivere .and this would be my second time.my representative is telling me that ithey have not rceceive lmo aproval yet?how come since its been almost 3mos alrdy.she told me last time that there were misssing documents and that she alredy pass last dec17.also, how much will it take to have an lmo approval?and what are the documents needed for an lmo for this kind of visa(live in caregiver prgram)?

please kindly reply anyone.please.tnx
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
shema2010 said:
hi,

m new here.i will greatly appreciate any help please. i have applied for a live in caregivere .and this would be my second time.my representative is telling me that ithey have not rceceive lmo aproval yet?how come since its been almost 3mos alrdy.she told me last time that there were misssing documents and that she alredy pass last dec17.also, how much will it take to have an lmo approval?and what are the documents needed for an lmo for this kind of visa(live in caregiver prgram)?

please kindly reply anyone.please.tnx
You have to wait for the copy of the LMO from your prospective employer. There is a mandatory time the job has to be advertised to the national job bank and a major daily or website, and a summary prepared as to the results of the recruitment effort, and if this was not complied with LMO is denied. Once you have the positive LMO, you submit your application together with a copy of the LMO and contract and processing time depends on the region you are applying from.
 

colmforest

Full Member
Sep 2, 2009
35
0
Thanks for your help.

Turns out they gave me a raise after all! And I didn't even ask for it!

Applying again (for the 3rd time) and am in last chance saloon....fingers are crossed!
 

jes_ON

VIP Member
Jun 22, 2009
12,091
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Congrats on the raise, and good luck! :)