Visa 482 Nomination: The Second Stage and What the Employer Must Prove

The visa 482 process has three stages: (1) the employer applies for Standard Business Sponsor (SBS), (2) the employer lodges the nomination, (3) the worker lodges the visa. Stage 2 — the nomination — is the stage where most refusals occur, because it is where the Department checks whether the position itself meets the requirements.

What a nomination is

A nomination is an application lodged by the employer, confirming that it wants to sponsor a specific position. It does not sponsor a person — it sponsors a position (occupation). A worker is then “attached” to that nomination to lodge the visa.

Each nomination corresponds to one position and one worker.

What the employer must prove in the nomination

1. The position is on an approved occupation list

The occupation must be on a list approved for the 482 — specifically the MLTSSL (Short-Term, Medium-Term), STSOL, or the CSOL (Core Skills Occupation List, from July 2023). If the occupation is not on the list, the nomination is refused.

Many occupations are added to or removed from the lists by policy — always check the current list.

2. The proposed salary meets TSMIT and the market salary rate

The employer must demonstrate the salary for the proposed position:

• Is not lower than TSMIT (the minimum salary threshold)
• Is equivalent to the market salary rate for that position

Evidence of the market salary rate: comparison with the Wage Price Index, pay scale surveys, ABS data, or demonstrating it through the salary of an Australian employee holding a similar position in the company.

3. Labour Market Testing (LMT) — proof that Australians were sought first

Except for certain exemptions, the employer must demonstrate it has carried out Labour Market Testing — that is, it has advertised widely in the Australian market (usually for at least 4 weeks) without finding a suitable Australian candidate.

LMT must be completed within a set period before the nomination is lodged. Job ads must meet content requirements — the Department can refuse if the job ad is not specific enough.

Some cases are exempt from LMT: certain free trade agreement provisions (including some USFTA, ChAFTA provisions), a salary above a certain high income threshold, or an exemption under a type of agreement.

4. The company is genuinely operating

The Department checks whether the company is genuinely operating. A shell company, a company with no real turnover, or an organisation with no genuine need for staff will not be approved.

5. The position matches the ANZSCO code

The job description in the nomination must match the declared ANZSCO code. If the actual work does not fit the ANZSCO definition, the Department may refuse or ask for an explanation.

Why a nomination is refused

Common reasons:

• LMT not met: the job ad did not run long enough, was not specific enough, or did not demonstrate the workforce shortage
• Salary below TSMIT or the market rate: the employer proposed a salary that falls short of the market
• Occupation not eligible: the ANZSCO code is not on an approved list
• Job description does not match ANZSCO: the actual position does not fit the declared ANZSCO code

What role does the worker play in the nomination

The worker does not lodge the nomination — only the employer can. However, you should:

• Give the employer enough information about your skills and qualifications so they can complete the application accurately
• Understand the ANZSCO code for the position so the description is correct
• Track progress so you know when you can lodge your personal visa

The personal visa can only be lodged after the nomination is approved.