How to Advertise Jobs for 482 and 494 Visa Sponsorships: A Guide for Employers

“We just advertised the position—why do we need to advertise again?”

This is a common reaction I hear from business clients who are preparing to sponsor an overseas worker. Often, the position has already been advertised—but the adverts didn’t meet the Department of Home Affairs’ requirements. Other times, the sponsor did not keep sufficient records to prove that job advertising was conducted properly.

Despite genuine intentions, the business may need to re-advertise the position. While this can be frustrating, it can be avoided. This article explains why LMT matters, how it is carried out, and how to avoid common pitfalls.

What Is Labour Market Testing?

Labour Market Testing (LMT) is a legal requirement that applies to most employer nominations for the following visas:

• Skills in Demand visa (subclass 482)

• Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)

  
  

From a sponsor’s perspective, it means the business must first try to recruit an Australian citizen or permanent resident for the role before nominating an overseas worker for a visa.

This involves advertising the position in Australia through recognised channels, for a minimum period and with specific information included in the adverts. The business must be able to show that no suitable local candidate was available, and that genuine efforts were made to fill the vacancy locally.

The LMT requirement is set out in section 140GBA of the Migration Act 1958. The Department of Home Affairs assesses it at the time of nomination. If it is not carried out correctly—or if the evidence is insufficient to demonstrate compliance—the nomination is likely to be refused. There is no opportunity to rectify LMT shortcomings after the application has been lodged.

Why LMT Matters

The goal of LMT is to safeguard employment opportunities for Australians. It ensures that foreign workers are brought in only when necessary and in roles where no suitable local candidate is available.

LMT supports the integrity of Australia's skilled migration system. It ensures the visa program aligns with genuine labour shortages.

When to Do LMT

Unless exempt, Labour Market Testing must be undertaken before lodging a nomination application. It is not sufficient to advertise after deciding to sponsor an overseas worker. The advertising must occur before making the offer of employment, even if the worker is already employed in the role.

In practice, this means:

• LMT should be completed before signing an employment contract with the visa applicant.

• The business must wait until the 28-day advertising period is complete before finalising its decision to employ the overseas worker.

• Job advertising must be conducted within four months prior to lodgement of the nomination.

  
  

For example, if a business places job adverts on 1 March and selects a candidate on 10 March, it must wait until 29 March (after the end of the advertising period) before issuing an employment contract and proceeding with the nomination.

Signing or even offering employment during the 28-day period constitutes a failure to genuinely test the local labour market and will likely result in refusal.

Who Must Place the Job Advertisements?

Labour Market Testing requirements are generally satisfied when the sponsoring employer places the job advertisements. However, the Department of Home Affairs does allow certain third parties to place the ads on the employer’s behalf—provided the connection is transparent and properly documented.

Advertisements may be placed by:

• The sponsoring employer

• A third-party recruitment agency acting on behalf of the employer

• An associated entity, such as a parent or subsidiary company (for example, in corporate group structures)

In all cases, the advert must clearly identify the employer or recruitment agency and reflect the correct details of the position. Generic or anonymous listings will not satisfy LMT obligations. If using a third-party, the business must retain all documentation showing who placed the ad and on whose behalf.

Where to Place Job Adverts

If using online job adverts—the most popular choice for meeting LMT requirements—the platform must meet certain criteria. It must be publicly accessible across Australia, and be well-established and reputable. Acceptable platforms include:

• Seek (seek.com.au)

• Indeed (au.indeed.com) – Australian version

• LinkedIn Jobs (paid listings only)

Free listings are acceptable if they meet all other criteria, including advert duration of at least 28 days.

General social media and classified adverts are not valid for LMT purposes. However, listings placed in the jobs portal of a general classifieds website may be accepted if they meet all LMT criteria.

Other Forms of Advertising

Labour Market Testing can also be done through national media such as newspapers, radio, or industry-specific recruitment job boards. These adverts must still meet the standard requirements, including national reach, English language, 28 consecutive days, and appropriate content.

Accredited sponsors can place LMT adverts on their company websites.

How to Perform LMT

A nomination must be supported by evidence of at least two job advertisements. These must:

• Run for at least 28 consecutive days

• Be published within four months before the nomination lodgement

• Appear on platforms with national reach in Australia

• Be in English and accept applications for the entire advertisement period

Advertisement Content Requirements

Each job advert must include:

• The job title

• A description of the daily tasks and responsibilities

• Required skills, qualifications, and experience

• The employer’s name (or the name of the recruitment agency)

• Remuneration details if the annual earnings are less than $96,400

• A statement that the position is full-time

While not strictly required, it is good practice to give the location of the position in the advert. Postcode or name of suburb/town is sufficient.

Proving LMT Compliance

To meet Labour Market Testing (LMT) requirements, employers must retain records that clearly show each job advert was live for 28 consecutive days and complied with all content and platform rules.

Key evidence includes:

• PDF exports of the advert from the browser on the first and last day it was live, with the URL and timestamp visible in the document.

• Email confirmations from the advertising platform confirming the advert was published and active.

• Platform invoices or receipts for paid listings (e.g. LinkedIn Jobs).
  

The Department of Home Affairs can also request evidence that the LMT was done in good faith—not simply to satisfy a legal requirement.

No Suitable Australian Is Available

To approve a nomination, the Department must be satisfied that no suitably qualified and experienced Australian citizen or permanent resident is available to fill the nominated position.

This statement is based on the outcome of the advertising process. Sponsors are required to summarise their job advertising campaign in the nomination form, including how many job applications were received, how many candidates were offered the role and why none of the candidates were suitable.

Exemptions From LMT

There are limited circumstances where LMT is not required:

• International trade obligations apply

Some visa applicants may be exempt from LMT due to Australia's international trade commitments. These apply in specific circumstances under international trade agreements such as the Australia–United Kingdom Free Trade Agreement (A-UKFTA) and the World Trade Organization (WTO) General Agreement.

• The annual salary is AUD 250,000 or more
  

• The role is part of an intra-corporate transfer

Intra-corporate transfers (ITAs) apply when a business moves an employee from an overseas branch or related entity to an Australian office. These are typically used for executives, specialists, or senior managers within multinational companies. To qualify, there must be a documented relationship between the overseas entity and the Australian sponsor, such as through ownership or a group structure.

• Re-nominating the worker for the same position

Renomination refers to a business submitting a new nomination for the same visa holder due to a change in circumstances—commonly salary increases, changes in company structure, or updated job titles. As long as the position and visa holder remain the same, and the change is administrative rather than substantive, the Department may waive the requirement to complete LMT again.

• Select positions

Sport, academia, research, or top-talent chef roles requiring an internationally recognised record of exceptional and outstanding achievement are not required to be advertised.

• Medical occupations

If the position is a specialist medical or emergency health role, such as a hospital doctor or paramedic (not including general practitioners or undefined medical roles), it may be exempted from LMT.

Common LMT Mistakes

Avoid these frequent errors:

• Advertising for less than 28 consecutive days

• Advertising on only one platform or an unsuitable platform

• Offering the position or issuing an employment contract before the 28-day period ends

• Submitting the nomination without attaching full LMT evidence

• The job advert doesn’t match the details of the nominated position

Interactions with other nomination criteria

LMT is closely connected to other aspects the nomination, including the Market Salary Rate requirement and Genuine Position criterion. It is not a box-ticking exercise. The Department of Home Affairs assesses LMT against the totality of the nomination.

Conclusion

Labour Market Testing is a key part of the nomination process for sponsoring overseas workers. Sponsors must 'get it right' before nominating the worker—precision is crucial. It is good practice to narrow down selection criteria in job adverts to help filter out unsuitable candidates from the outset.

LMT is a technical and highly regulated requirement. Sponsors should seek professional advice to ensure compliance before conducting LMT.

Do you require assistance with employer sponsorships?

At Rysher Migration, we draw on extensive experience representing businesses across a range of industries, both in Australia and offshore.

We provide tailored guidance on Labour Market Testing and exemptions for a variety of roles. Our advice helps employers meet compliance obligations and lodge strong, well-supported nominations.

Contact us to discuss your business needs and how we can support your upcoming nomination.

Stay tuned for more updates on immigration and employer-sponsored visas. Subscribe to the next ImmiUpdate below to stay informed.

For more information please Contact Us or email elan@ryshermigration.com.au

Elan Rysher is a Registered Migration Agent and Qualified Student Counsellor. He is the main Writer for ImmiUpdates and the founder of Rysher Migration. Being a former migrant himself, Elan is passionate about helping others fulfil their Australian dream.

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