Employer visas / Labour market testing

Guide · Before you nominate

Labour market testing for the 482 and 494.

For most 482 and 494 nominations, you must first advertise the job in Australia. Get it wrong and the nomination fails, so here are the exact rules.

Ads neededAt least 2
How longAt least 4 weeks
WhenWithin 4 months before you nominate
Workforce AustraliaNo longer required

The rules

What a valid advertisement needs.

These apply to 482 Core Skills and Specialist Skills nominations and 494 Employer Sponsored nominations lodged since 11 December 2023.

Every ad must include

  • The job title or a description of the position
  • The skills or experience required
  • Your business name, or the recruitment agency's
  • The salary or a salary range, if annual earnings are below AUD 96,400
  • Be in English and advertised in Australia

Where and how long

  • At least 2 ads, on any mix of the accepted channels
  • A prominent recruitment website with national reach, such as Seek or LinkedIn's jobs platform
  • An industry-specific recruitment website in significant use
  • National print media or national radio
  • Your own website, only if you are an accredited sponsor
  • Ads and applications open for at least 4 weeks
Not accepted: general classifieds websites, social media posts on their own, and LinkedIn listings restricted to members.

Timing

Getting the dates right.

The 4-month window

The advertising must have run for at least 4 weeks within the 4 months immediately before you lodge the nomination.

Overlapping ads count

Two ads can run at the same time, or one after the other, as long as the total meets 4 weeks.

Recent redundancies

If you made an Australian worker in the same occupation redundant in the last 4 months, the advertising must have happened after that date, and you must disclose it.

Keep the evidence

Copies of both ads go in with the nomination. Keep screenshots with dates, invoices and a record of applicants and why they weren't suitable.

Exemptions

When you don't need to advertise.

International trade obligations

Australia's trade agreements remove the requirement for some workers, including citizens of the UK, Canada, New Zealand, Singapore, South Korea, Chile, China and Japan in specified categories, and some intra-company transfers. These exemptions don't apply to the 494.

Alternative evidence

Some cases need a written submission instead of ads, including roles paying AUD 250,000 or more, people with an internationally recognised record of exceptional achievement, and a new nomination for a worker already in the role after a salary or structure change.

Source: Home Affairs, labour market testing.

How it works

From first call to a working visa.

01

Free 15-minute call

We confirm the right visa, the occupation and the salary, and flag anything that could hold it up.

02

Clear terms, then we begin

You receive a written quote and a checklist for the business and the employee.

03

We prepare everything

Sponsorship, nomination and visa, prepared together where we can. We guide any job advertising that’s needed.

04

Lodged and looked after

We lodge, deal with Home Affairs until a decision, and explain your obligations.

FAQ

Questions about labour market testing.

Can we run the ads before we become a sponsor?

Yes. Advertising often starts while the sponsorship application is being prepared. The 4-month window is measured from when the nomination is lodged.

Do we still need to advertise on Workforce Australia?

No. That requirement ended on 11 December 2023. Two valid ads are enough.

Can one ad cover several positions?

Yes. Multiple positions in one advertisement is acceptable.

What if an Australian applies?

Consider them genuinely. Keep records of every applicant and why they were or weren't suitable.

General information only, checked against Home Affairs guidance on 15 October 2026. Not legal advice. Requirements change, so we check your case against the rules in force when you nominate.

Hiring from overseas?

Book a free 15-minute discovery call to check basic eligibility and whether we're the right fit. It isn't legal advice, and depending on your circumstances you may still need a consultation. For legal advice now, book a 30-minute consultation ($330). Or call 1300 079 743.

Book a call or consultation

Schedule a free introductory call with our principal solicitor, Rosa Nobarani to discuss your immigration needs today.