A valid, compliant Labour Market Testing (LMT) advertisement is the foundation of every successful 482 or 494 employer-sponsored nomination that requires LMT. Get it wrong β even in small ways β and the nomination will be refused regardless of how strong the rest of the application is. This guide sets out exactly what a compliant LMT advertisement must include, what it must not include, how long it must run, and the salary requirements that apply in 2025 and 2026.
The Regulatory Basis for LMT Advertisement Requirements
The requirements for LMT advertisements are prescribed by IMMI 18/036 (the Migration (LIN 18/036: Period, Manner and Evidence of Labour Market Testing) Instrument 2018), as amended by LIN 23/072 in December 2023. Where LMT is required β that is, where no exemption under s.140GBC (international trade obligations) or s.140GBB (occupational exemptions) applies β the sponsoring employer must comply strictly with these requirements before lodging a nomination.
How Many Advertisements Are Required?
As of 11 December 2023, a minimum of two (2) advertisements are required. Prior to that date, three advertisements were required, with one mandatorily on the Workforce Australia website. Both of those requirements have been removed by LIN 23/072.
At least one advertisement must be on a national recruitment website β a website that allows job vacancies to be listed and applications from candidates across Australia. Seek, Indeed, LinkedIn, and Jora all satisfy this requirement. A local newspaper advertisement or a state-only jobs board would not satisfy the national requirement, but could serve as the second advertisement.
How Long Must the Advertisements Run?
Each advertisement must run for a minimum of 28 consecutive days (4 weeks). Both advertisements must meet this minimum duration. An advertisement that runs for 27 days and is then taken down is non-compliant, even if only one day short.
The advertisements must have been placed within the 4 months immediately before the date the nomination application is lodged. Advertisements placed more than 4 months ago cannot be relied upon β even if the advertising was otherwise compliant. This is a common issue when nominations are delayed after the LMT was initially completed.
What Must a Compliant LMT Advertisement Include?
Each advertisement must contain all of the following:
- Position title β the title of the role being advertised, which should align with the ANZSCO occupation being nominated
- Duties and responsibilities β a description of what the role involves, sufficient for candidates to assess whether they are suitable
- Skills, qualifications, and experience required β the requirements that candidates must meet to be considered for the position
- Salary or salary range β a specific salary or a salary range must be stated in the advertisement. The salary must be no less than the applicable income threshold (see below)
- Employer identification β while not always explicitly required by the instrument, best practice is to identify the hiring employer. Anonymous advertisements may attract additional scrutiny during assessment
- Location β the location where the work will be performed
What Must a Compliant LMT Advertisement NOT Include?
This is where employers and their advisers most often make errors that result in refusal or, worse, allegations of discriminatory advertising practice:
- Australian citizenship or permanent residency as a requirement β it is unlawful under the Racial Discrimination Act 1975 and visa regulations to advertise a position as requiring Australian citizenship or PR status. If an Australian citizenship requirement is genuinely required (for example, for a government security clearance), this must be separately assessed and documented, not stated in the LMT advertisement
- Experience requirements that are manifestly unrealistic or inflated β requiring, for example, 20 years of experience in a technology that has only existed for 10 years, or requiring qualifications that are not genuinely necessary for the role. The Department may treat artificially inflated requirements as evidence that the employer never genuinely intended to consider Australian applicants
- Requirements that effectively target a specific overseas worker β for example, requiring proficiency in a specific foreign language unless it is genuinely required for the duties of the role
The Salary Floor: What Rate Must Be Advertised?
The salary stated in the advertisement must meet the applicable income threshold. Advertising a salary below the threshold will generally result in nomination refusal, even if the sponsor intends to actually pay the nominee at or above the threshold.
| Period | Core Skills Income Threshold (CSIT) | Specialist Skills Income Threshold (SSIT) |
|---|---|---|
| From 1 July 2025 | $76,515 per annum | $141,210 per annum |
| From 1 July 2026 | $79,499 per annum | $146,717 per annum |
If a nomination is being prepared in May or June 2026 but will not be lodged until after 1 July 2026, the LMT advertisements should state a salary at or above $79,499 β not $76,515. Advertising the old threshold for a nomination that will be assessed under the new threshold is a common timing error.
What Evidence Must Be Retained?
The sponsoring employer must retain evidence demonstrating that compliant LMT was conducted. This typically includes:
- Copies of each advertisement as published, including the URL, publication dates, and the full text as it appeared
- Evidence of the dates the advertisements were live (screenshots with timestamps, or platform-generated reports)
- Records of Australian applicants who applied and how they were assessed, including reasons why any Australian candidates were not considered suitable for the role
The Department may request this evidence during nomination processing or during a sponsorship monitoring audit. Sponsors who cannot produce it risk nomination refusal or adverse findings in an audit.
Frequently Asked Questions
Can we use Jora and LinkedIn as our two LMT platforms?
Yes. Both Jora and LinkedIn are national recruitment websites for the purposes of IMMI 18/036. Either can serve as the primary advertisement platform, and the other can serve as the second. Seek is also commonly used and is well-regarded by the Department as a genuinely national platform.
What if we received no Australian applicants β does that prove LMT compliance?
Not automatically. The Department assesses whether compliant LMT was conducted, not whether it produced Australian applicants. A compliant advertisement that receives no suitable Australian applicants supports the nomination, but the absence of applicants on its own does not substitute for a compliant advertisement process. You must still have run compliant advertisements for the required period, on the required platforms, with the required content.
Our LMT ads were run 5 months ago. Can we still use them for a nomination?
No. LMT advertisements must have been placed within the 4 months immediately before lodging the nomination. Advertisements placed more than 4 months ago are outside the required window and new advertisements will need to be run before the nomination is lodged.
Does the LMT advertisement salary need to match the actual salary being paid?
Yes, in substance. The salary in the advertisement should be consistent with what the sponsor intends to pay and what will be listed in the nomination. Advertising a high salary to satisfy the threshold but intending to pay less may constitute a misrepresentation and could result in refusal or adverse findings. The actual employment contract salary must equal or exceed the CSIT.
This article provides general information only. LMT requirements are set by legislative instrument and subject to change. Always seek advice from a MARA-registered migration agent for your specific circumstances.
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Related Reading
- LMT Exemptions for the 482 Visa: IMMI 18/036
- Changing Employers on a 482 Visa: The Process
- Labour Agreements for Employer Sponsorship
Umar Ashraf
MARA Registered Migration Agent & Education Consultant | MARA #2619222 | Epping, Melbourne VIC
Umar Ashraf is a MARA-registered migration agent specialising in complex cases, visa cancellations, ART tribunal appeals, and employer sponsorship. He provides consultations in English, Urdu, Punjabi and Hindi.
