An employer advertised a fitter position in late March, ran the campaign for a month and found nobody suitable. The paperwork for the nomination then sat with the accountant until August. By the time the nomination was lodged, the advertising was outside the four-month window and no longer counted. The business had to advertise again, wait another 28 days and lodge a second time.
Labour market testing is not hard to satisfy. It is easy to get wrong, because each rule is small and none of them is intuitive. This guide sets out the current rules and the eight errors we see most often.
Short answer: Before a 482 nomination, the employer must run at least two advertisements with national reach, each open for 28 days. The nomination must be lodged within 4 months of the advertising, and the rule applies to both the Core Skills and Specialist Skills streams.
What the current instrument requires
Labour market testing shows that no suitable Australian worker was available for the role. The detail lives in a legislative instrument, and the case officer applies it to the letter.
First, there must be at least two advertisements for the position. Second, each advertisement must accept applications for at least 28 days from the day it first appears. Third, the advertising must reach a national audience. Fourth, all of the advertising must fall within the 4 months ending on the day the nomination is lodged.
Every advertisement must be in English. It must state the position title or a clear description, the skills or experience required, and the name of the sponsor or agency. Where the annual earnings of the position fall below the figure set in the instrument, the advertisement must also state the salary.
Where you can and cannot advertise
Platform choice trips up many employers. A national recruitment website, national print media and national radio all qualify. LinkedIn’s online recruitment platform counts, and so does an industry recruitment website in significant use by your sector. Accredited sponsors can also advertise on their own website.
By contrast, a listing restricted to LinkedIn profile members does not count. Neither does a general classifieds site, nor a post made only on social media such as Instagram or X. A suburban noticeboard or a local community page fails the national reach test. Workforce Australia is no longer a required channel, so employers can skip that step.
A timeline that keeps the evidence alive
The four-month window and the 28-day minimum should be planned as one schedule.
- Week 0Confirm the position, the ANZSCO code and the salary. Draft one advertisement that states each required detail.
- Week 1Publish both advertisements on qualifying national platforms. Save a full copy of each on the day it goes live.
- Week 5The 28 days close. Review every application and record why no suitable Australian was available.
- Weeks 6 to 8Finalise the nomination and gather the sponsor evidence. Confirm the salary still clears the current threshold.
- Before week 17Lodge the nomination inside the 4-month window. After that date, the advertising expires and the campaign must be repeated.
This sequence leaves roughly two months of margin between the close of advertising and the last lodgement date. That margin absorbs a slow accountant or a missing document.
The eight errors we see most
Each of these has caused a refusal or a request for further information in a file we have reviewed.
| Error | Why it fails |
|---|---|
| Running one advertisement | The instrument asks for at least two. |
| Closing applications early | Each advertisement must stay open for 28 days. |
| Local platforms only | Reach must be national, not suburban. |
| Social media alone | Instagram or X posts do not qualify on their own. |
| Omitting the salary | Required where earnings sit below the instrument’s figure. |
| Advertising after lodgement | Testing must be complete before the nomination is lodged. |
| Stale advertising | Anything older than 4 months at lodgement does not count. |
| No dated evidence | Without screenshots and copies, the campaign cannot be proved. |
When testing does not apply
Which nominations are exempt from labour market testing?
The exemptions are narrower than most employers expect. The old occupation-based exemptions from the 457 era are gone. The requirement now applies equally to the Core Skills and Specialist Skills streams, so a high salary does not remove the advertising step. The main remaining exemption flows from Australia’s international trade obligations. It can cover certain intra-corporate transferees, and workers in defined categories who hold the nationality of a listed trade partner. Those exemptions do not extend to labour agreement nominations or to the subclass 494 regional visa. Confirm eligibility before relying on one.
Evidence checklist
Case officers assess the file as lodged. They cannot see your recruitment history, so the evidence must tell the whole story. Tick each item as you collect it, and your browser will remember your progress.
How testing fits the rest of the nomination
Labour market testing is one layer of a compliant nomination. The occupation must be on the right list, the salary must clear the threshold and the position must be genuine. The advertisement touches all three, because it is the first public statement of what the role is and what it pays.
For that reason, we draft the advertisement after the occupation and salary are settled. A wrong title or a lower salary creates a contradiction the case officer will notice. Our 482 visa page sets out the occupation and salary rules that the advertisement must reflect.
Employers also need an approved sponsorship before the nomination can be lodged. The employer page explains that approval step and its costs.
What a failed test costs
A nomination refused on labour market testing loses the nomination charge of $330. The Skilling Australians Fund levy paid at lodgement may be refundable in narrow circumstances, but the employer should not plan on it. The larger cost is time. A fresh campaign means another 28 days of advertising while the worker’s current visa keeps running.
Where the refusal is arguable, a review at the Administrative Review Tribunal costs $3,727 and takes longer than most employers can wait. In almost every case, a compliant re-lodgement is faster. Both options are set out on the fees and process page.
Figures verified against Home Affairs visa pricing and the current labour market testing instrument as at 1 July 2026.
Frequently asked questions
Can both advertisements run on the same platform?
The instrument requires at least two advertisements, and it does not require two different platforms. In practice, using two distinct national channels makes the national reach point easier to prove and is the approach we recommend.
Does an internal promotion need labour market testing?
Yes, where the nomination is in the Core Skills or Specialist Skills stream. The requirement attaches to the nominated position, not to how the worker was found. A worker already employed by the business does not remove the advertising step.
What if a suitable Australian applied but declined the offer?
Record the application, the offer and the reason it was declined. The test asks whether a suitable Australian was available to fill the role, so a declined offer supports the nomination provided the evidence is kept.
Can a recruitment agency run the advertising for us?
Yes. The advertisement must then name the agency rather than the sponsor. The employer remains responsible for the evidence, so obtain dated copies from the agency at the time rather than after the campaign closes.
Do the advertisements need to run at the same time?
No. Each advertisement must run for 28 days and all advertising must fall within the 4 months before lodgement. Running them together is simpler, but staggered campaigns qualify as long as every date sits inside the window.
This article is general information about Australian migration law as at 2 September 2026. It is not legal advice. The labour market testing instrument and government charges change, and every nomination turns on its own facts, so obtain advice before acting.