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Labour Market Testing in Australia (2026): Requirements, Exemptions and Evidence

  • Jul 29
  • 7 min read
Labour Market Testing in Australia (2026)

Last Updated: 29 July 2026


Labour market testing (LMT) is the step where a sponsoring employer advertises a nominated position in Australia and proves no suitable Australian citizen or permanent resident was available, before lodging a nomination.


Most Skills in Demand visa (subclass 482) Core Skills and Specialist Skills nominations, and Skilled Employer Sponsored Regional (subclass 494) Employer Sponsored stream nominations, need at least two job advertisements that ran for a combined four weeks within the four months before lodgement. The Employer Nomination Scheme (subclass 186) visa does not require LMT for any of its three streams.


Key Takeaways Labour Market Testing in Australia (2026)

  • Two advertisements are required, not three — the requirement to advertise on Workforce Australia was removed from 11 December 2023.

  • Advertising must run for at least four weeks combined, within the four months immediately before the nomination is lodged.

  • The 186 visa is exempt from LMT across all three streams: Direct Entry, TRT, and Labour Agreement.

  • For the 482 and 494 Labour Agreement streams, LMT is only required where the specific labour agreement says so — it is not a blanket requirement.

  • There are currently no occupation-based LMT exemptions under the 482 or 494 programs.

  • International Trade Obligation (ITO) exemptions apply only to specific nationalities and circumstances, and do not apply to Labour Agreement stream or 494 nominations at all.


What Is Labour Market Testing?

Labour market testing requires a sponsoring employer to show the Department of Home Affairs that they tried to recruit an Australian citizen or permanent resident for a role before nominating an overseas worker. The requirement sits at the nomination stage, not the visa application stage, and the evidence must be lodged with the nomination itself.


How LMT is tested, and what proof the Department requires, depends on which visa stream the nomination falls under. The governing legislative instrument is the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018.


Who Needs to Complete Labour Market Testing?

Visa and stream

LMT required?

482 Core Skills stream

Yes

482 Specialist Skills stream

Yes

494 Employer Sponsored stream

Yes

482 Labour Agreement stream

Only where the labour agreement specifies

494 Labour Agreement stream

Only where the labour agreement specifies

186 Direct Entry, TRT, and Labour Agreement streams

No — not required for any 186 stream

How Many Job Advertisements Are Required?

Employers must place at least two valid advertisements for the nominated position. Since 11 December 2023, advertising on the government's Workforce Australia service is no longer required — this dropped the previous three-advertisement requirement to two.


The two advertisements can run in the same medium on two separate occasions, in two different mediums at the same time, or over two overlapping periods, as long as the combined advertising period totals at least four weeks. A third party — such as a recruitment agency or an associated entity — can place the advertisements on the sponsor's behalf.


What Must Each Advertisement Include?

An advertisement only counts toward LMT if it meets all of the following:

  • Published in Australia, in English

  • States the position title or a description of the role (advertising multiple positions in one ad is acceptable)

  • States the skills or experience required

  • Names the approved sponsor, or the recruitment agency acting for the sponsor

  • States the salary, if the annual earnings for the position are below AUD 96,400 (a salary range, such as AUD 80,000 to AUD 90,000, is acceptable)

  • Ran for at least four weeks, with applications or expressions of interest accepted for that full period


Where Can You Advertise?

Acceptable channels for LMT advertising:

  • A prominent or professional recruitment website with national reach

  • Industry-specific recruitment websites in significant use by the relevant industry

  • National print media (newspapers or magazines with national reach, published at least monthly)

  • National radio with national reach

  • The sponsoring business's own website, if the sponsor holds accredited sponsor status

  • LinkedIn's recruitment platform — but not job postings restricted to LinkedIn profile members only


Not acceptable:

  • General classifieds websites

  • Advertising solely through social media notifications, such as Twitter/X or Instagram posts


Timeframe for Labour Market Testing

For most 482 Core Skills, Specialist Skills, and 494 Employer Sponsored nominations, the advertising must have occurred within the four months immediately before the nomination is lodged, and must total at least four weeks within that window.


If an Australian citizen or permanent resident was made redundant or retrenched from the nominated occupation within four months of lodging the nomination, the advertising must have taken place after the date of that redundancy or retrenchment, and details of the redundancy must be included with the nomination.


Labour Market Testing for the Labour Agreement Stream

The 482 and 494 Labour Agreement streams don't follow the standard LMT rule automatically.


LMT only applies where the specific labour agreement requires it. Two named exceptions:

  • LMT is not required at all where a Minister of Religion Labour Agreement (MoRLA) is being sought.

  • For the Aged Care Industry Labour Agreement, LMT requirements can be met through a Memorandum of Understanding (MoU) with the relevant industry union, instead of standard advertising.


For businesses in Category 2 locations under a labour agreement, LMT rules changed from 11 December 2023 to align with the standard program — two advertisements instead of three, completed within 12 months before lodgement. This change does not apply retroactively to existing agreements. There is no change to LMT requirements for Category 1 and Category 3 locations.


Exemptions From Labour Market Testing

Occupation-based exemptions. 

The occupation-based LMT exemptions that existed under the former Temporary Work (Skilled) visa (subclass 457) are not available under the 482 or 494 programs. There are currently no instruments exempting specific occupations, skill levels, or occupations affected by a major disaster.


International Trade Obligation (ITO) exemptions. 

Australia's international trade obligations in specific circumstances.


Applying under an LMT-exempt ITO category, the nominated worker is:

  • A citizen or national of Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand, or Vietnam

  • A citizen, national, or permanent resident of Canada, Chile, South Korea, New Zealand, Singapore, or the United Kingdom


Separate ITO exemptions apply where the nominated worker is a current employee of an associated entity operating in:

  • An ASEAN country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand, or Vietnam)

  • Canada, Chile, China, Japan, Mexico, South Korea, the United Kingdom, New Zealand, or Peru

  • Samoa, Tuvalu, Kiribati, Tonga, Solomon Islands, Niue, or the Cook Islands


A further ITO exemption applies to Executive or Senior Manager transfers from any WTO member country.


Executive and Senior Manager occupations recognised for ITO purposes:

Occupation

ANZSCO code

Advertising Manager

131113

Chief Executive or Managing Director

111111

Chief Information Officer

135111

Corporate General Manager

111211

Corporate Services Manager

132111

Finance Manager

132211

Human Resource Manager

132311

Sales and Marketing Manager

131112

Supply and Distribution Manager

133611


ITO exemptions do not apply to nominations lodged under a labour agreement, or to any 494 visa nomination — this exclusion applies regardless of the worker's nationality.


Alternative Requirements Instead of Standard LMT

Some nominations submit alternative evidence instead of standard advertising:

  • Exceptional and outstanding achievement. For nominees with an internationally recognised record in a profession, sport, academia, research, or as a top-talent chef, the sponsor explains why this person is the only one, or one of very few, who could fill the role.

  • Existing visa holder, new nomination. Where a new nomination is needed only because a 482, 494, or 457 visa holder's salary changed, or a business restructure changed the sponsoring entity without changing the position, the sponsor explains why a new nomination is required.

  • Intra-corporate transfer (ICT). For transfers of an existing employee from an overseas company to an associated entity in Australia, the sponsor explains the transfer arrangement.

  • Salary of AUD 250,000 or more. The sponsor explains the method used to test the local labour market, such as an executive search process that invited Australian applicants.

  • Specific medical and paramedic occupations. For ANZSCO Minor Group 253 Medical Practitioners (excluding General Practitioners, 253111, and Medical Practitioners nec, 253999) and ANZSCO Unit Group 4111 Ambulance Officers and Paramedics, the sponsor submits a written explanation instead of standard advertising evidence.


What Happens if Labour Market Testing Isn't Met Correctly?

If the advertising doesn't meet every requirement — wrong channel, missing salary information, advertising period that falls outside the four-month window, or incomplete evidence — the nomination can be refused.


Because the nomination and visa application are linked, an LMT failure at the nomination stage stalls the entire sponsorship, even where the nominated worker meets every other requirement.


Frequently Asked Questions

Does the 186 visa require labour market testing?

No. The 186 visa does not require LMT for any of its three streams — Direct Entry, TRT, or Labour Agreement. This is a key difference from the 482 and 494 programs.


How many advertisements does labour market testing require?

Two. Since 11 December 2023, employers no longer need to advertise through Workforce Australia, which dropped the previous requirement from three advertisements to two.


Is labour market testing required for every labour agreement?

No. LMT for the 482 and 494 Labour Agreement streams applies only where the specific labour agreement requires it. It's not required at all for a Minister of Religion Labour Agreement, and the Aged Care Industry Labour Agreement can meet it through a union MoU instead of advertising.


Are there occupation-based exemptions from labour market testing?

No. The occupation-based exemptions that applied under the former subclass 457 visa don't carry over to the 482 or 494 programs. The only exemptions currently available are the International Trade Obligation exemptions for specific nationalities and circumstances.


How long must a job advertisement run for labour market testing?

At least four weeks, with applications or expressions of interest accepted for the full period. The four weeks can be made up of overlapping or separate advertising periods, as long as the total reaches four weeks within the four months before lodgement.


This information is sourced from the Department of Home Affairs' Labour market testing page and the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 on the Federal Register of Legislation. Requirements are set by legislative instrument and can change — verify current details at immi.homeaffairs.gov.au before lodging a nomination, or book a consultation with RACC's MARA-registered migration agents (MARN1572961, MARN1172003) for a case-specific assessment.


Book a consultation with RACC today — we will guide you through Labour Market Testing in Australia, employer-sponsored visa requirements, and how to meet compliance with confidence.



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