Written by Immigrad · Registered Migration Agent · MARN 1805710 · Last updated August 2026
Labour market testing in Australia is the single most common reason employer nomination applications run into trouble. The rules look simple — advertise the job before you nominate an overseas worker — but the detail is precise, and an advertisement that misses one required element can sink an otherwise strong Skills in Demand (subclass 482) or subclass 494 nomination. This guide sets out the exact rules: how many advertisements you need, where they can run, what each one must contain, the timing window, and who is exempt. All figures and rules are current as at August 2026 and drawn from the Department of Home Affairs and the governing legislative instrument, LIN 18/036.
If you are new to sponsorship, start with our complete guide to sponsoring an employee in Australia, then come back here for the labour market testing detail.
What is labour market testing and why does it exist?
Labour market testing (LMT) is evidence that you genuinely tried to recruit an Australian citizen or permanent resident before nominating an overseas worker. In practice, it means advertising the nominated position in Australia in a prescribed way and attaching copies of that advertising to your nomination application. The Department does not assess whether your recruitment effort was sincere in some abstract sense — it checks whether your advertisements meet a specific checklist. Meet the checklist and the requirement is satisfied; miss it and the nomination can be refused, with no refund of the nomination fee or the Skilling Australians Fund levy.
Which visas require labour market testing in Australia?
LMT applies to nominations for the Skills in Demand visa (subclass 482) in both the Core Skills stream and the Specialist Skills stream, and to the Skilled Employer Sponsored Regional visa (subclass 494) Employer Sponsored stream. For the Labour Agreement stream of either visa, LMT applies where the individual labour agreement specifies it. The subclass 186 Employer Nomination Scheme Direct Entry stream does not have a formal LMT advertising requirement, though decision-makers still consider whether the position is genuine.
The exact advertising rules
How many advertisements?
At least two. Since 11 December 2023 there is no requirement to advertise on the government service Workforce Australia — the old three-advertisement rule became two. Both advertisements can run in the same medium on separate occasions, or in two different mediums at the same time.
How long must the ads run?
Each advertisement is expected to run for at least four weeks, and you must accept applications or expressions of interest for at least four weeks. The position may be advertised over two or more overlapping periods totalling a minimum of four weeks.
The timing window
The advertising must have occurred within the four-month period immediately before you lodge the nomination. Advertising that finished five months ago is stale; advertising still mid-flight on lodgement day has not yet run its four weeks. Plan the sequence: four weeks of advertising, then lodge within the window.
What every advertisement must contain
Each ad must be published in Australia, in English, and include the title or a description of the position, the skills or experience required, the name of the approved sponsor (or the recruitment agency acting for the sponsor), and the salary for the position where annual earnings are below AUD96,400. A salary range — for example AUD80,000 to AUD90,000 — is acceptable. Advertising multiple positions in one advertisement is fine. A third party such as a recruitment agency or associated entity may place the ads on your behalf.
Where you can (and cannot) advertise
Acceptable channels include a prominent recruitment website with national reach (Seek and Indeed are the obvious examples), industry-specific recruitment websites in significant use by your industry, national print media published at least monthly, national radio, and — for accredited sponsors only — the business’s own website. LinkedIn’s online recruitment platform is acceptable, but a vacancy restricted to LinkedIn profile members only is not. General classifieds websites such as Gumtree are not acceptable, and neither is an advertisement made solely through a social media notification on platforms like X or Instagram.
The redundancy rule most employers miss
If an Australian citizen or permanent resident was made redundant or retrenched from the nominated occupation in your business within the four months before lodgement, your advertising must have occurred after the date of that redundancy. You must also disclose the redundancy with the nomination. Advertising completed before the redundancy does not count — you must re-test the market.
Who is exempt from labour market testing?
There are no occupation-based exemptions under the 482 or 494 programs. The exemptions that do exist come from Australia’s international trade obligations (ITOs). LMT is not required where, among other circumstances, the nominee is a citizen or national of Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand or Vietnam, or a citizen, national or permanent resident of Canada, Chile, South Korea, New Zealand, Singapore or the United Kingdom. Exemptions also cover intra-corporate transfers from associated entities in ASEAN countries and a range of trade-agreement partners, executive and senior manager occupations in prescribed circumstances, and nominees who have already worked for you in the nominated position in Australia full-time for the last two years (where they are a citizen or eligible permanent resident of a WTO member country).
Two important limits: the ITO exemptions do not apply to nominations under a labour agreement, and they do not apply to the subclass 494 at all. Regional employers generally must complete LMT even for UK or Chinese nationals.
Alternative arrangements for special cases
Some positions attract an alternative submission instead of standard advertising: nominees with an internationally recognised record of exceptional achievement (including top-talent chefs); re-nominations of an existing 482, 494 or 457 visa holder solely because their earnings changed or a business restructure changed the employing entity; intra-corporate transfers; positions with annual earnings of AUD250,000 or more (where you explain your executive search process); and medical practitioners and paramedics in specified ANZSCO groups, where a written submission can replace advertising.
What evidence do you lodge?
Attach copies of all advertisements — screenshots showing the full ad text, the platform, and the dates the ad ran. Evidence of two compliant advertisements must be provided at the time the nomination is lodged; it cannot be back-filled later. Keep records of when applications opened and closed, and be ready to explain why local applicants (if any) were unsuitable. Our Employer Sponsorship Readiness Checklist includes an LMT evidence section you can work through before lodgement.
Common labour market testing mistakes
The failures we see most often: ads that ran 27 days instead of 28; ads missing the salary for a position under AUD96,400; ads naming neither the sponsor nor the recruitment agency; advertising that expired outside the four-month window because nomination lodgement slipped; Gumtree or social-only posts; and re-using advertising placed before a redundancy in the same occupation. Every one of these is avoidable with a calendar and a checklist — and every one of them can cost you the nomination fee, the SAF levy and months of lead time. To see what those costs add up to for your business, try our sponsorship cost calculator.
Frequently asked questions
How long does a job need to be advertised for labour market testing?
At least four weeks (28 days) per advertisement, with applications accepted for at least four weeks, within the four months immediately before the nomination is lodged. Overlapping periods totalling four weeks are acceptable.
Do I still need to advertise on Workforce Australia?
No. The Workforce Australia requirement was removed on 11 December 2023. Two compliant advertisements are now required instead of three.
Can I use LinkedIn or Seek for labour market testing?
Yes. Seek, Indeed and LinkedIn’s recruitment platform are all acceptable. Vacancies restricted to LinkedIn members only, general classifieds sites like Gumtree, and posts made solely on social media are not.
Does the advertisement have to state the salary?
Only if annual earnings for the position are below AUD96,400. A salary range is acceptable.
Which nationalities are exempt from labour market testing?
For 482 nominations, citizens or nationals of Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand and Vietnam, and citizens, nationals or permanent residents of Canada, Chile, South Korea, New Zealand, Singapore and the UK, in the LMT-exempt ITO categories. These exemptions do not apply to the subclass 494 or labour agreement nominations.
What happens if my labour market testing is non-compliant?
The nomination can be refused and government fees, including the SAF levy, are generally not refunded. You would need to re-advertise and lodge a fresh nomination.
This article is general information only, current as at August 2026 — it is not migration advice for your specific circumstances, and complex cases in particular need personal advice. Immigrad is a registered migration agency (MARN 1805710) based in Sydney, working with employers Australia-wide by video. Book a consultation with Immigrad to get your labour market testing right the first time.