Australia: Government Applying Stricter Policy Interpretation to Labor Market Test
November 9, 2023

The Department of Home Affairs is now applying a stricter policy interpretation to the duration of advertised positions for labor market testing (LMT) purposes under the Temporary Skill Shortage subclass 482 (TSS) and Skilled Employer Sponsored Regional (Provisional) subclass 494 visa (SESR) programs. As always, unless certain exemptions apply, employers are required to advertise nominated positions for at least four weeks on three recruitment platforms with national reach in the four months prior to lodging a TSS or SESR nomination application. However, the DHA has advised that they will no longer accept evidence of non-consecutive advertising for LMT purposes. For example, “back-to-back” advertisements, where, for example, an advertisement is run from May 2-24, 2023 (21 days) and then a duplicate advertisement is run from May 25 to June 5, 2023 (12 days), will no longer comply with LMT requirements as they are not being carried out over a continuous period of time. As a result, Fragomen encourages all employers to ensure that the nominated positions are being advertised for at least four consecutive weeks to meet the DHA’s new position.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen

Video
#FragomenFC co-hosts are joined by Senior Associate Tuğba Özyakup and her cousin, Oğuzhan ("Ozzy") Özyakup, a professional footballer who has competed at the highest levels of the sport.

Blog post
Social Security Manager Gufran Al Bash provides a comprehensive guide to the GCC pension framework, detailing monthly contributions, employer responsibilities and compliance requirements.

Media mentions
Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.

Awards
Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.

Blog post
Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.

Awards
Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.

Media mentions
Partner Rick Lamanna emphasises the need for long-term planning and consistent leadership to restore confidence in Canada’s immigration system.

Blog post
Partner Azeem Mohiuddin discusses how Qatar is implementing a strategic vision to develop a workforce that is prepared for future challenges and opportunities, highlighting the role of skilled migration in addressing gaps in the local workforce.

Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss the SEVIS reversal and the continued challenges US international students may face.

Video
Practice Leader Kate Praphakornphiphat discusses Thailand’s Digital Nomad Visa—officially known as the Destination Thailand Visa (DTV)—and how you can apply for it.

Media mentions
Partner Aaron Blumberg explains that children of H-1B visa holders must secure a new legal status or leave the US when their H-4 dependent visas expire at age 21.

Media mentions
Partner Kevin Miner discusses unusual biometrics requests in H-1B and I-140 cases, noting they depart from standard practice.

Video
#FragomenFC co-hosts are joined by Senior Associate Tuğba Özyakup and her cousin, Oğuzhan ("Ozzy") Özyakup, a professional footballer who has competed at the highest levels of the sport.

Blog post
Social Security Manager Gufran Al Bash provides a comprehensive guide to the GCC pension framework, detailing monthly contributions, employer responsibilities and compliance requirements.

Media mentions
Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.

Awards
Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.

Blog post
Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.

Awards
Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.

Media mentions
Partner Rick Lamanna emphasises the need for long-term planning and consistent leadership to restore confidence in Canada’s immigration system.

Blog post
Partner Azeem Mohiuddin discusses how Qatar is implementing a strategic vision to develop a workforce that is prepared for future challenges and opportunities, highlighting the role of skilled migration in addressing gaps in the local workforce.

Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss the SEVIS reversal and the continued challenges US international students may face.

Video
Practice Leader Kate Praphakornphiphat discusses Thailand’s Digital Nomad Visa—officially known as the Destination Thailand Visa (DTV)—and how you can apply for it.

Media mentions
Partner Aaron Blumberg explains that children of H-1B visa holders must secure a new legal status or leave the US when their H-4 dependent visas expire at age 21.

Media mentions
Partner Kevin Miner discusses unusual biometrics requests in H-1B and I-140 cases, noting they depart from standard practice.