494 Labour Market Testing: How to Advertise and Document a Regional Job

How to advertise a regional job

Start with the date you expect to lodge the nomination and work backwards. The recruitment file should show what Australian applicants saw, when they could apply and how you assessed them.

Write the advertisement for the actual vacancy

For the usual Employer Sponsored process, advertise in Australia in English. Identify the position, the skills or experience needed and the sponsor or recruiting agency. Include salary where the rules require it. Check the location, duties and hours against the proposed contract. For a DAMA, also check the regional endorsement evidence and any agreement-specific recruitment rules.

Choose channels and count the weeks

For most Employer Sponsored nominations, publish at least two qualifying advertisements and accept applications for at least four weeks within the four months immediately before nomination lodgement. Two ordinary social media posts will not meet the usual advertising requirements. Check the official rules before relying on an industry website, your own website or an exemption.

Build the recruitment file as you go

Save the complete ads, URLs, publication confirmations and opening and closing dates. Keep a short record of applicants considered, interviews and job-related reasons for selection. A receipt shows that you paid a publisher. Pair it with the actual advertisement to show what applicants could read.

Example: One advertisement closes early

A regional workshop opens two qualifying ads on the same day. One closes after 18 days. The other continues to accept applications for five weeks. The shorter ad does not by itself create a gap. The ads overlap and candidates could apply for more than four continuous weeks. Keep both ads and evidence of when their application links worked. If both links closed on day 18, the timing requirement would still be outstanding.

Before lodging the recruitment evidence

A trade-agreement exemption was available for an earlier 482

Run the 494 check from the beginning. Home Affairs excludes subclass 494 from the international trade obligation exemptions it lists for the 482. The candidate’s nationality or a previous 482 nomination cannot establish that exemption for this job.

The ad leaves out salary or uses a restricted channel

Under the ordinary advertising rules, include salary if annual earnings are below AUD 96,400. An advertised range can be used. For an $85,000 role, a description such as “competitive package” leaves out a required detail. Check public access to the advertisement. A members-only posting and a public vacancy on a recruitment platform can reach different audiences. Keep copies of qualifying advertisements and attach them when lodging.

The position may qualify for alternative evidence

Some specified positions have a different evidence route under LIN 18/036. For example, when transferring an employee from an established overseas business to an associated Australian sponsor, establish the overseas employment and relationship between the businesses. Check the instrument’s definition and prepare the written submission explaining why a suitably qualified and experienced Australian citizen, permanent resident or eligible temporary visa holder is not readily available. A general skills shortage or an urgent start date alone does not establish that route.

Home Affairs labour market testing rules · LIN 18/036 advertising and evidence instrument

Frequently asked questions

Can we use short advertisements or a Malaysian or Peruvian worker’s passport instead of testing the market?

Use permitted advertising channels and keep the application route open for at least four continuous weeks under the usual rules. If using shorter runs, overlap them and retain dated evidence. Use a qualifying recruitment channel. The Department’s June 2026 clarification specifically excludes Gumtree. If your ad uses an online application link, keep it working throughout the required period and retain dated copies. See the Home Affairs advertising requirements. The international trade exemptions listed for standard 482 nominations do not apply to subclass 494.

Can we reuse the advertisements from a previous vacancy?

Compare duties, location, salary, dates and employer. A previous campaign may be too old or relate to a materially different position. Rework the recruitment timetable if the evidence does not match.

What if we recently made a local worker redundant?

If an Australian citizen or permanent resident was made redundant or retrenched from the nominated occupation during the relevant four months, the advertising must take place after that event. Home Affairs also requires information about it.

We already know the preferred candidate. Do we still advertise?

Knowing a candidate does not establish an exemption. Assess the applicable rules, give local candidates a genuine opportunity and document the outcome.

An Australian applicant met the advertised criteria. What do we record?

Record how the application was assessed, any interview and why the applicant could or could not fill the position. Reconsider the nomination if a suitably qualified and experienced local worker is readily available. Keep the evidence of recruitment and selection together.

Official sources

Reviewed 7 November 2026.

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