Advertising period
For most nominations, at least four weeks within the four months immediately before the nomination is lodged.
Source: Home Affairs: Labour market testing (retrieved 4 October 2026)
For employers hiring overseas
Labour market testing for employers: what the Home Affairs rules say
Labour market testing (LMT) is the step where an employer shows it tried to fill a position locally before nominating an overseas worker. Home Affairs says that for most nominations the position must be advertised for at least four weeks within the four months before the nomination is lodged. Check the page before you advertise.
By CrossNation Editorial Team. Sources checked 4 October 2026.
Official data
Key facts from official sources
Number of advertisements
Two valid advertisements instead of three, from 11 December 2023.
Source: Home Affairs: Labour market testing (retrieved 4 October 2026)
Workforce Australia
Advertising on Workforce Australia stopped being a requirement from 11 December 2023.
Source: Home Affairs: Labour market testing (retrieved 4 October 2026)
What the instrument fixes
The period, the manner and the kinds of evidence for labour market testing are set by a legislative instrument under the Migration Act.
Source: Explanatory statement, Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 (retrieved 4 October 2026)
Employer guide
What you need to know
What is labour market testing meant to show?
The idea is simple. Before a business brings someone in on a sponsored visa, it should show that it looked for a suitably qualified Australian citizen or permanent resident and did not find one. The rules are set by a legislative instrument made under the Migration Act, which fixes the period of testing, the manner in which it must be done and the kind of evidence that must accompany the nomination. Home Affairs publishes a plain-language page on how this applies to current nominations. Some positions and occupations are exempt from parts of the rules, so read that page for your exact role rather than relying on a general summary.
How long and how many advertisements?
Home Affairs states that for most nominations the position must have been advertised for at least four weeks within the four-month period immediately before the nomination application is lodged. Since 11 December 2023 the employer no longer has to advertise on the government employment service Workforce Australia, and the number of valid advertisements fell from three to two. The timing matters as much as the content: an advertisement that ran too long ago, or that finished before your window opened, may not count. Put the four-month window in your hiring plan so the nomination is lodged while the evidence is still current.
Where does a recruitment agency fit in?
A recruiter can help you write a clear position description and find candidates, including people already in Australia who have work rights. What a recruiter cannot do is decide whether your advertising meets the Home Affairs requirements or whether an exemption applies. Those calls belong to the sponsoring employer and the registered migration agent advising it. If local candidates do apply, consider them properly and keep a record of how you assessed them. Good records protect you later, and they make the nomination easier to explain.
What should you keep?
Keep a copy of every advertisement showing where and when it ran, the position title, the skills and experience you asked for, and the salary if the requirements call for it to be stated. Keep the applications you received and a short note on why each applicant was or was not suitable. Store the material with the nomination file so anyone picking up the file later can see what was done. Check the current Home Affairs page for the exact details that must appear in an advertisement, because they can change.
Tell us the role, location and start date
The fee is 12% of the candidate's annual salary, charged only when a placement succeeds.
FAQ
Frequently asked questions
Does every nomination need labour market testing?
No. Home Affairs describes requirements for most nominations and lists exemptions for some positions and occupations. Check the Home Affairs page or ask a registered migration agent about your role.
Do I still need to advertise on Workforce Australia?
Not since 11 December 2023, according to Home Affairs. The employer must now conduct two valid advertisements instead of three.
Can CrossNation run my labour market testing?
No. CrossNation can help you shape a position description and find candidates. Whether your advertising satisfies Home Affairs is for the employer and its registered migration agent to confirm.
What if a local candidate applies?
Assess the applicant on merit and keep a record. If a suitably qualified Australian citizen or permanent resident is available, the purpose of the nomination process is to fill the role locally.
How soon after advertising must the nomination be lodged?
Home Affairs ties the advertising to the four-month period immediately before lodgement. Read the current page for the exact wording rather than working from memory.