Labour Market Testing (LMT): Requirements, Exemptions and Evidence in 2026
A comprehensive guide for employers and visa applicants
Published 17 Mar 2026
What is labour market testing?
Labour market testing (LMT) is the legal requirement that an employer advertise a nominated position in Australia before sponsoring an overseas worker for a Skills in Demand (subclass 482) or subclass 494 visa. In practice it means:
At least two advertisements, in English, on platforms with national reach, accepting applications for at least four weeks, run within the four months before the nomination is lodged — with copies of the advertising material submitted as evidence.
Get any element wrong and the nomination can be refused, with no refund of the nomination fee or Skilling Australians Fund (SAF) levy. This guide sets out the current requirements, the exemptions, and the evidence the Department of Home Affairs expects, as they stand in 2026.
The legal basis sits in section 140GBA of the Migration Act 1958. The operational rules — how many advertisements, where, for how long, and what they must contain — are set by a legislative instrument, LIN 18/036 (Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018, as amended). The instrument has been amended several times, most recently for the Skills in Demand settings that commenced on 7 December 2024, so guidance written for the old TSS visa is often out of date.
Which Visas Require Labour Market Testing?
LMT applies at the nomination stage of the Skills in Demand visa (subclass 482) — Core Skills and Specialist Skills streams, and the Labour Agreement stream where the agreement requires it — and the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494).
LMT is not a criterion for the permanent Employer Nomination Scheme visa (subclass 186), including the Direct Entry stream — although evidence of recruitment efforts can still support the genuine-need assessment of a 186 nomination.
How Does LMT Fit Into the Wider Nomination?
LMT is one of several nomination criteria that operate together. The salary offered must meet or exceed the annual market salary rate (AMSR) — the rate an equivalent Australian worker would earn in the same role and location — and the income threshold for the stream. The position must be genuine, and the occupation must be on the applicable list for the stream being used.
A nomination that passes LMT can still fail on salary or genuineness. The advertising evidence and the salary evidence need to tell the same story: an advertisement offering one salary and a nomination promising another invites refusal.
Who Is Exempt from Labour Market Testing?
Select occupations and select positions
For these, advertising is not required. Instead, the nomination must include a written submission explaining why a suitably qualified Australian was not readily available (see the evidence section below). A position is a select position if it is:
- a position requiring an internationally recognised record of exceptional and outstanding achievement — in a sport, in academia and research, or as a top-talent chef
- an intra-corporate transfer — the person is employed by a company operating an established business overseas and is nominated by a standard business sponsor that is an associated entity of that company operating in Australia
- a position with annual earnings of $250,000 or more
- most medical practitioner positions (ANZSCO Minor Group 253, other than General Practitioner 253111 and Medical Practitioners nec 253999), and Ambulance Officers and Paramedics (ANZSCO Unit Group 4111)
Re-nominations after changed circumstances
A new nomination for an existing subclass 457, 482 or 494 visa holder in the same position is also a select position — advertising is not required — where the new nomination is lodged solely because:
- the annual earnings for the position have changed; or
- the sponsor’s business has restructured, so the visa holder, without changing positions, is no longer employed by the original sponsoring entity.
The written-submission evidence requirement applies in place of advertising material.
International trade obligations (ITO)
LMT does not apply where it would be inconsistent with Australia’s international trade obligations, set out in the Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021.
Broadly, the ITO categories cover nominees who are citizens or nationals of certain free-trade-agreement partner countries, current employees of associated entities in particular partner countries, and intra-corporate transferees of executives, senior managers and specialists from World Trade Organization member countries. The categories are technical and turn on citizenship, the corporate relationship and the role — confirm a nominee’s position against the determination before deciding to skip advertising.
What Are the Labour Market Testing Requirements in 2026?
Under section 8 of LIN 18/036, every element below must be satisfied unless an exemption applies:
| Requirement | What the instrument requires |
|---|---|
| Timing window | Advertising must fall within the 4 months ending on the day the nomination is lodged. Older advertising cannot be counted. |
| Number of advertisements | At least two. |
| Where | A recruitment website with national reach in Australia; national print media; national radio; or — for accredited sponsors only — the sponsor’s own website. |
| Language | English, for all advertising of the position (paid or unpaid). |
| Duration | Applications must be accepted for at least 4 weeks from first publication. Overlapping advertisements can combine to make up the continuous 4-week period, with overlapping days counted once. |
| Required content | Position title or description; skills or experience required; the sponsor’s name (or the recruitment agency’s); and the salary, if intended annual earnings are below $96,400. |
| Who places the ads | Each advertisement must be commissioned or authorised by the sponsor. A recruitment agency or associated entity may place them on the sponsor’s behalf. |
Source: LIN 18/036, section 8 (compilation in force from 7 December 2024).
One trap worth naming: since 11 December 2023, advertising on the government’s Workforce Australia website is no longer mandatory. Two advertisements on qualifying platforms are enough. Older guides still describe the three-advertisement rule — following them means unnecessary work, but following pre-2020 guides that describe laxer rules means refusal.
What must each advertisement contain?
Every advertisement counted toward LMT must include the title or a description of the position, the skills or experience required, and the name of the sponsor — or of the recruitment agency, if one is engaged. If the intended annual earnings are below $96,400, the salary must be stated in the advertisement; at or above that figure it may be omitted, though including a salary range is often better recruitment practice anyway.
All advertising of the position, paid or unpaid, must be in English, and each advertisement must be commissioned or authorised by the sponsor.
Timing: the 4-month window and the 4-week duration
Two clocks run at once. The advertising must sit within the 4 months ending on the day the nomination is lodged — advertising older than that cannot be counted, and if lodgement slips past the window, the advertising must be run again.
Within that window, applications or expressions of interest must be accepted for at least 4 weeks from first publication. The instrument expressly allows two or more overlapping advertisements to combine into the continuous 4-week duration, provided coverage is unbroken and overlapping days are counted only once.
What Evidence Must the Nomination Include?
The evidence requirement depends on which route applies. For standard nominations: a copy of the advertising material used to advertise the position. Decision-ready nominations include screenshots or tear sheets of each advertisement showing the platform, the publication date and the full advertisement text, plus invoices or receipts corroborating the advertising period where available.
For select occupations and select positions (see the exemptions above): a written submission from the nominator giving reasons why a suitably qualified and experienced Australian citizen, permanent resident or eligible temporary visa holder is not readily available to fill the position.
Keep the evidence contemporaneous — reconstructing an advertising history after a platform has taken the listing down is a common source of gaps that lead to requests for further information, or refusal.
Why Do Labour Market Testing Refusals Happen?
The failures seen most often are avoidable: advertising that ran for less than the full 4 weeks or stopped accepting applications early; advertising outside the 4-month window, typically ads placed too early that expired before lodgement was ready; the salary omitted where annual earnings are under $96,400; platforms without genuine national reach; a material mismatch between the advertised role and the nominated position; and assuming an exemption applies without checking the instrument.
Because there is no refund of the nomination fee or SAF levy when a nomination is refused, reviewing the advertising evidence against the current instrument before lodging is considerably cheaper than testing the point with the Department.
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★★★★★ 4.9Frequently Asked Questions
Is labour market testing required for the 186 visa?
No. LMT is not a criterion for the subclass 186 Employer Nomination Scheme visa in any stream. It applies to subclass 482 and 494 nominations — though evidence of genuine recruitment can still support a 186 nomination’s genuine-need assessment.
Can two overlapping job ads count as the four weeks?
Yes. LIN 18/036 expressly allows a continuous four-week duration to be made up of two or more overlapping advertisements, provided the coverage is continuous and overlapping days are counted once.
Does the job ad have to include the salary?
Only if the intended annual earnings for the position are below $96,400. At or above that figure, salary details may be omitted from the advertisement.
Is Workforce Australia advertising still required?
No. The mandatory Workforce Australia advertisement was removed for nominations lodged, or undecided, from 11 December 2023. Two qualifying advertisements are sufficient.
How long is labour market testing valid?
The advertising must fall within the four months ending on the day the nomination is lodged. If lodgement slips past that window, the advertising must be run again before the nomination can succeed.
