494 Employer Nomination: Proving the Job, Salary and Regional Worksite

How to document the regional position

The employer nominates a particular position. Before lodging, someone unfamiliar with the business should be able to read the file and understand who employs the worker, where they work, what they do and why the role will last.

Match the duties to the right occupation

Start with what the worker will do in a typical week. Compare those duties with the occupation and code permitted for this stream. For the Employer Sponsored stream use the 494 occupation instrument. For a Labour Agreement nomination use the occupation, conditions and nomination ceiling in the executed agreement.

Show why the job is needed for five years

Document a genuine full-time position likely to exist for at least five years from visa grant. Show where it sits in the staffing structure, who supervises it and how contracts, workload or trading history support the forecast. Verify the designated regional postcode of the actual workplace. Explain work across multiple locations before lodging.

Support the salary and review the lodged details

For a standard Employer Sponsored nomination between 1 July 2026 and 30 June 2027, the Temporary Skilled Migration Income Threshold is AUD 79,423. Work out the annual market salary rate separately and identify a comparable Australian employee where available. Check guaranteed earnings and superannuation separately. Reconcile the salary evidence with the recruitment ads, contract and RCB advice. Check employer-side charges and the Skilling Australians Fund levy, save the lodgement record and give the applicant the correct nomination reference.

Example: The offer clears the threshold but falls below the local rate

A workshop offers $82,000 in guaranteed annual earnings. Its equivalent Australian mechanic earns $88,000 for the same hours and duties. The business needs to address the $88,000 comparator before lodging. Pointing to the $79,423 threshold alone does not explain the difference.

When a nomination changes, expires or is refused

A five-year forecast depends on one short client contract

Show the current work order, past renewals, wider customer pipeline, staffing levels and budget. Explain which duties continue if that project finishes. If the candidate is a relative or director, include evidence showing why the business would recruit for those duties independently. A detailed title on an organisation chart establishes little on its own.

Check the contract and the salary components

Use a signed contract or appropriate documented acceptance. For an overseas group transfer, reconcile the assignment letter, Australian employer, duties, location and guaranteed pay. Separate cash salary from accommodation, discretionary bonuses and superannuation when checking the applicable monetary threshold. Compare hours, leave and other conditions with those of an equivalent Australian worker.

The nomination is withdrawn while the visa is pending

The visa application identifies a particular nomination. A new nomination cannot simply be substituted into that pending 494 application. Before withdrawing or re-lodging, check the applicant’s current visa, any bridging visa, other family applications and whether a fresh application can be validly made. Under regulation 2.75B, nomination approval can also cease on specified events. The ordinary 12-month point has an exception for a linked application awaiting final determination.

A refusal letter or refund request arrives

Read the employer’s nomination decision and the worker’s visa decision separately. Check who can seek review, the deadline in each notice and what was decided. For a refund, identify the exact ground and charge under regulation 2.73C. Keep receipts, the decision, and any withdrawal or start and finish dates. A fee for the visa application has separate refund rules.

Migration Regulations 1994 · Home Affairs sponsorship costs and refund grounds · Home Affairs refund instructions

Frequently asked questions

What if the person we nominate already holds a 494 visa?

Home Affairs scales the SAF levy for an existing subclass 494 holder by the years remaining on the visa. For example, the Home Affairs levy table sets the charge at 40% of the base amount where two years remain. For a business with annual turnover below $10 million, 40% of $3,000 is $1,200. Check the actual visa dates and turnover before lodging.

Is a five-year employment contract required to show the job will last?

The question is whether the full-time position is likely to exist for at least five years from grant. Explain the evidence behind that forecast and check that the actual contract meets the applicable stream requirements.

What if the payroll company and contract employer differ?

Identify which entity actually employs the nominee and document any payroll service or associated-entity arrangement. Common branding alone does not establish that a different entity can employ the nominee under the chosen stream.

What happens if the business withdraws the job?

Tell the applicant promptly and check notification obligations. The visa application depends on a qualifying nomination. A fresh nomination cannot replace the nomination identified in a pending 494 visa application. Check the worker’s visa status and options before withdrawing anything.

The worker leaves after eight months. Can the employer recover the levy?

Early cessation within the first year can support a partial Skilling Australians Fund levy refund under regulation 2.73C if its criteria are met. Retain evidence of when employment began and ended. Non-commencement after grant is a different ground. Check the amount and process for the actual nomination.

The employer entered the wrong turnover or occupation. Can it just edit the form?

Check the nomination as lodged, the levy calculation and whether the affected field can be corrected. Before withdrawing, establish the effect on any linked visa application. Keep the original record and assess the specific refund ground for the error.

Can we use the approved nomination for another applicant?

The nomination identifies the individual. If the selected worker declines and you want to employ a different candidate, prepare a nomination for that person and reassess whether the recruitment and salary evidence are still current.

Official sources

Reviewed 7 November 2026.

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