Insights ยท Employer sponsorship

Labour Market Testing That Holds: Two Ads, 28 Days, Four Months

482 labour market testing in 2026-27: two national ads, 28 days each, within 4 months of lodging, or the $330 nomination charge and the levy are at risk.

Take the day you intend to lodge the nomination and count back four months. Every advertisement you rely on must sit inside that window. Each one must have accepted applications for 28 days. There must be at least two, on platforms with national reach. If any part of that arithmetic fails, the testing fails with it.

Labour market testing is not difficult. It is unforgiving, because the rules are small and none of them is intuitive. This note sets out what holds, what does not and how we schedule the campaign around the contract.

In short: A 482 nomination in either standard stream needs at least two advertisements with national reach. Each must stay open for 28 days, and all of it must fall within the 4 months ending on the lodgement day.

What the case officer sees

The case officer cannot see your recruitment history. They see the file as lodged. So the file must prove four things without help. There were at least two advertisements. Each ran for 28 days. Each reached a national audience. All of it sits inside the 4-month window.

Each 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 the recruitment agency. Where the annual earnings fall below the figure set in the instrument, it must also state the salary.

Platforms that hold and platforms that do not

HoldsDoes not hold
A recruitment website with national reachA general classifieds website
National print media or national radioA suburban noticeboard or local community page
LinkedIn's online recruitment platformA listing restricted to LinkedIn profile members
An industry recruitment site in significant use by your sectorA post made only on Instagram or X
The sponsor's own website, for accredited sponsorsAn advertisement published only in another language

Workforce Australia is no longer a required channel. Some employers still post there out of habit. It does no harm, but it does not replace the two national advertisements.

Which platform are you relying on?

Where did the second advertisement run?

Scheduling the campaign around the contract

We run labour market testing from the employment contract, not the other way around. The contract fixes the title, the duties schedule, the location and the assured salary. The advertisement is drafted from those terms. Then nothing in the file contradicts anything else.

The order matters for the salary in particular. Where the instrument requires pay in the advertisement, a figure that differs from the contract invites a request for information. Our note on the 482 salary tests explains what that figure must clear. Our employment contracts for sponsored staff note covers the clauses the advertisement draws on.

Then the calendar. Both advertisements go live in the same week, and both closing dates are diarised. The nomination is drafted while the advertisements run, so it is ready when the 28 days close. That leaves most of the 4-month window as margin for a missing document or a slow signature.

Exemptions: narrower than most employers expect

Testing applies to both the Core Skills and the Specialist Skills stream. A high salary does not remove the advertising step. The old occupation-based exemptions from the 457 era are gone, and an internal promotion or an existing employee does not remove the step either. The requirement attaches to the position, not to how the worker was found.

The evidence we keep on the day

Evidence gathered after the campaign closes is always weaker than evidence captured live. A recruitment site may remove the listing. An agency may archive the file. So we save each item on the day it exists.

That means a full copy of each advertisement showing the platform and the first publication date. Screenshots proving each advertisement accepted applications for 28 days. A short note on why each platform has national reach. A summary of the applications received and why none was suitable, including any Australian who declined an offer. Finally, a diary note confirming the lodgement date falls inside the 4-month window.

What a failed test costs

A nomination refused on testing loses the nomination charge of $330. The Skilling Australians Fund levy of $1,200 or $1,800 per year, paid at lodgement, is refundable only in narrow cases. The larger cost is time. A fresh campaign means another 28 days while the worker's current visa keeps running. Employers not yet approved as a sponsor should read our note on becoming a standard business sponsor before advertising. Then the approval and the campaign land together.

Figures verified against Home Affairs visa pricing as at 1 July 2026.

If a campaign is already running and you are unsure it holds, send us the listings before the nomination is lodged. We can usually tell within a day whether a second advertisement is needed. The contact page has the details.

Frequently asked questions

Can we advertise before our sponsorship is approved?

Yes. The testing attaches to the nomination, not the sponsorship. Many employers run the campaign while the sponsorship application is being assessed, so both are ready at the same time.

Do we need to interview the Australian applicants?

The instrument does not require interviews. It requires you to show no suitable Australian was available. A short written reason for each unsuccessful applicant is usually enough, and it is far stronger than a bare statement that nobody suited.

Can the advertisement name a different location from the contract?

No. The advertisement must describe the position being nominated, and location is part of that. A role advertised in one city and nominated in another is a different role.

Does testing apply to the Specialist Skills stream?

Yes. Both standard streams require it under the current rules. The higher salary buys priority processing, not an exemption from advertising.

What if the role changed after the advertising closed?

If the title, duties, location or pay moved materially, the advertising no longer describes the nominated position. Advertise the revised role again rather than lodging against the old campaign.

General information as at 2 September 2026. 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.

Next step

Ready to act on this?

Book a consultation and we apply it to your facts: the visa, the contract or both. Fixed fee quoted in writing afterwards.