Labour Market Testing Requirements by Visa Subclass

Labour Market Testing Requirements by Visa Subclass

By Natasha Silveira | 1 October 2026 | 10 min read

Labour market testing requirements by visa subclass for 482, 494 and 186: ads, timing, salary rules and exemptions in one table. Check yours now

key takeaways

  • LMT applies to 482 and 494 nominations. It isn't a 186 nomination criterion.
  • Standard LMT means two qualifying ads, open for four weeks, within four months of lodging.
  • Ads must show the salary when annual earnings are below $96,400.
  • Labour agreement streams follow the agreement's own testing terms.
  • Exemptions need evidence, usually a written submission or proof of the trade obligation relied on.

Labour market testing requirements by visa subclass differ more than most employers expect. The 482 and 494 visas share one set of advertising rules. The 186 doesn’t use them at all. Labour agreement streams sit outside the standard rules entirely.

Pick the wrong set and you either waste a month of advertising or lodge a nomination that fails.

Start with the table below to find your subclass. Then read that section for the detail on advertising, ad content, timing and exemptions.

LMT requirements at a glance

Find your subclass, then read its section below.

Subclass LMT required? Ads and duration Validity window Main exemptions
482 Skills in Demand Yes for Core and Specialist Skills. Labour Agreement: per agreement. 2 ads, national reach, open 4 weeks Within 4 months before lodgement Trade obligations, $250,000+, intra-corporate transfer, listed health roles
494 Regional Yes for Employer Sponsored. Labour Agreement: per agreement. 2 ads, national reach, open 4 weeks Within 4 months before lodgement Same categories as the 482
186 ENS No. Not a nomination criterion in any stream. Not required Not applicable Not needed. Genuine need is still assessed.

Ads must also state the salary if annual earnings are below $96,400. Source: Department of Home Affairs, Migration (LIN 18/036) instrument.

The Core rules behind every subclass

Labour market testing comes from section 140GBA of the Migration Act 1958. The detail sits in a legislative instrument, LIN 18/036, which sets how many ads, where, for how long and what they must say. Home Affairs summarises it on its labour market testing page.

Where standard LMT applies, the same four tests run:

  • Number: at least two ads.
  • Placement: a recruitment website with national reach, national print or national radio. Your own website only counts if you’re an accredited sponsor.
  • Duration: applications open for at least four weeks. Overlapping ads can combine to cover the period if there’s no gap.
  • Timing: all advertising within the four months ending on the day you lodge.

Every ad must be in English and include the position title or description, the skills or experience needed, and your business or recruitment agency name. If annual earnings are below $96,400, the salary must appear too. A salary range is fine. Our LMT advertising rules guide covers platforms and wording in detail.

The rules matter because local supply is real. Australia had 325,000 job vacancies in August 2026, according to the ABS. Jobs and Skills Australia found only 29% of assessed occupations in shortage in 2025, down from 36% in 2023.

 

Subclass 482: Skills in Demand

The Skills in Demand visa replaced the Temporary Skill Shortage visa in December 2024. It kept the 482 subclass number.

Is LMT required?

Yes, for the Core Skills and Specialist Skills streams, unless an exemption applies. For the Labour Agreement stream, testing follows whatever your agreement sets out.

Advertising duration and placement

Standard rules apply: two ads on qualifying platforms, open for at least four weeks. Social media posts and general classifieds don’t count. Workforce Australia advertising has been optional since December 2023.

Ad content and salary

Each ad must include the four required elements, with the salary shown if annual earnings are under $96,400. Keep the title, duties and pay consistent with the nomination. A mismatch invites questions about whether you tested the market for this role at all.

Validity window

The advertising must fall within the four months before lodgement. If lodgement slips past that window, the ads must be run again.

Exemptions

The main exemptions are international trade obligations, positions paying $250,000 or more, intra-corporate transfers, and listed health and exceptional-talent roles. They’re covered in the exemptions section below.

Standard LMT vs the written submission route

Standard LMT

✓

Who uses it - Most 482 Core Skills, Specialist Skills and 494 Employer Sponsored nominations.

✓

What you do - Run two qualifying ads, open for at least four weeks.

✓

Evidence - Copies of the advertising material, with dates and platforms visible.

✓

Timing - Within the four months before you lodge.

Written submission route

✓

Who uses it - Select positions, such as $250,000+ roles and intra-corporate transfers.

✓

What you do - Explain why a suitable Australian isn't readily available.

✓

Evidence - The submission itself, backed by documents that prove the category.

✓

Timing - Lodged with the nomination. No advertising clock to manage.

Subclass 494: Skilled Employer Sponsored Regional

The 494 is a five-year provisional visa for regional Australia. Its LMT rules mirror the 482.

Is LMT required?

Yes, for the Employer Sponsored stream, unless an exemption applies. The Labour Agreement stream follows the agreement.

Advertising duration and placement

The same two ads, the same national reach test and the same four-week minimum apply. The role is regional, but the advertising still has to reach a national audience.

Ad content and salary

The content rules match the 482, including the $96,400 salary disclosure threshold. Make sure the advertised location matches the regional location on the nomination.

Validity window

The same four-month window applies. The 494 also needs advice from a Regional Certifying Body, which can take time. Build that wait into your plan so your ads don’t expire before you can lodge.

Exemptions

The 494 shares the 482’s exemption categories.

The numbers that decide most 482 and 494 nominations

2

Minimum qualifying ads

4 weeks

Minimum time applications stay open

$96,400

Below this, the salary must appear in the ad

$250,000

At or above this, advertising isn't required

Source: Department of Home Affairs, Migration (LIN 18/036) labour market testing instrument

Planning the validity window backwards

Start from your target lodgement date, not from when the ads go live.

Week 0

Both ads go live. Screenshot each one on day one.

Week 4+

Applications close after at least four full weeks. Screenshot again.

Weeks 4 to 8

Finish the nomination file, plus Regional Certifying Body advice for a 494.

By month 4

Lodge while every ad still sits inside the four-month window.

Subclass 186: Employer Nomination Scheme

The 186 is the permanent employer-sponsored visa. Its LMT position is the simplest of the three.

Is LMT required?

No. LMT isn’t a nomination criterion in any 186 stream, whether Temporary Residence Transition, Direct Entry or Labour Agreement. Labour agreement holders should still check whether their agreement sets its own recruitment terms.

Advertising, ad content and validity window

None of the standard advertising rules apply. There’s no required number of ads, no duration test, no salary disclosure rule and no four-month window.

What still applies

Home Affairs still assesses whether the position is genuine. Recent recruitment evidence can help show a real need for the role, especially in a Direct Entry nomination where the nominee is new to your business. For Temporary Residence Transition nominations, the worker usually came through a 482, so the original LMT was done at that stage.

When a business is exempt from LMT entirely

Some 482 and 494 nominations don’t need standard advertising. Each exemption has its own evidence requirement.

International trade obligations. LMT doesn’t apply where it would breach Australia’s trade commitments, set out in a separate determination (LIN 21/075). The categories turn on the nominee’s citizenship, their relationship with an associated overseas entity and the role. Evidence is typically the nominee’s passport plus documents proving the employment relationship. No written submission is needed, but the category must genuinely fit.

Select positions and occupations. Advertising isn’t needed for these, but you must lodge a written submission explaining why a suitable Australian isn’t readily available. Select positions include:

  • Roles with annual earnings of $250,000 or more.
  • Intra-corporate transfers to an associated Australian entity.
  • Positions needing an internationally recognised record of exceptional achievement.
  • Most medical practitioner roles, plus ambulance officers and paramedics.

Back the submission with proof of the category, such as an employment contract showing earnings or corporate structure documents.

Renominations. If an existing 482, 494 or 457 holder is renominated for the same role only because their pay changed, or because of a business restructure, advertising isn’t needed. A written submission is still required.

Claim an exemption that doesn’t fit and the nomination fails. The nomination fee and Skilling Australians Fund levy aren’t refunded.

Not sure which rules apply to your nomination?

Tell VeiraMal the subclass, stream and role. We'll confirm whether you need to advertise, or whether an exemption genuinely fits.

Book Your Free Discovery Call

Quick poll: Which subclass are you nominating for?

Getting the subclass right before you advertise

Confirm the subclass and stream before a single ad goes live. A 186 doesn’t need the campaign, an exemption may remove it, and a labour agreement may change it. Then check the four-month window against your realistic lodgement date.

VeiraMal’s labour market testing team runs compliant campaigns and builds the evidence file for 482 and 494 nominations. Once the visa is granted, a new set of duties applies. Our post on sponsorship obligations after the visa is granted covers them. For a quick read on your nomination, email info@veiramal.com or send a message through the contact form.

How VeiraMal Works

1

Discovery Call

A free conversation about your subclass, stream and where the LMT risk sits.

2

Threshold Review

Ads, timing and exemption evidence checked before you lodge.

3

Ongoing Support

Advice on call if the department comes back with questions.

Evidence to hold for each exemption

Relying on an exemption shifts the burden from advertising to proof.

Trade obligations

Nominee's passport, plus proof of any associated-entity employment the category relies on.

$250,000+ roles

Written submission plus the contract showing annual earnings.

Intra-corporate transfer

Written submission plus corporate structure and overseas employment records.

Renomination

Written submission showing the only change is pay or a restructure.

Labour market testing FAQs

Is labour market testing required for the 186 visa?

No. LMT isn't a nomination criterion for any 186 stream. Home Affairs still assesses whether the position is genuine, so recent recruitment evidence can help, especially for Direct Entry. Labour agreement holders should check their agreement's own terms.

Are LMT requirements the same for the 482 and 494?

Largely, yes. Both need two qualifying ads, open for four weeks, within four months of lodging, with the same content rules and exemptions. The 494 also needs Regional Certifying Body advice, which can eat into your four-month window.

Does the job ad have to include a salary range?

Only if annual earnings for the role are below $96,400. In that case the salary, or a salary range, must appear in every ad you rely on. Above that figure it's optional, but whatever you show should match the nomination.

How long is labour market testing valid for?

For standard 482 and 494 nominations, the advertising must fall within the four months ending on the day you lodge. Older ads can't be counted. Labour agreements can set a different period, so check the agreement if that's your pathway.

What evidence do I need to rely on an LMT exemption?

For select positions and renominations, a written submission explaining why a suitable Australian isn't readily available, backed by proof of the category. For trade obligation exemptions, documents proving the nominee fits the category, such as their passport and employment records.

Know your subclass rules before you spend on ads

VeiraMal reviews your headcount, contracts, policies and termination process against the obligations that actually apply to your size. Businesses in Melbourne, Sydney and Hobart.

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info@veiramal.com

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