
Country / Territory
Australia
A new rule requires sponsors submitting subclass 457 visa applications on or after April 19, 2016 or those awaiting approval as of that date to submit a declaration that they will not engage in recruitment practices that discriminate against potential employees on the grounds of immigration status or citizenship.
The addition of the new sponsorship obligation will allow the Department of Immigration and Border Protection to impose fines on sponsors that violate or do not comply with the new rule on or after April 19.
Background
The new rule implements a recommendation from the independent review of the subclass 457 program held in 2014. This is in addition to the requirement for sponsors to submit an attestation they have a strong record of, or a demonstrated commitment to, employing local labor.
'Discriminatory recruitment practice' is defined in the new regulations as a recruitment practice that directly or indirectly discriminates against a person based on the immigration status or citizenship of the person, other than a practice engaged in to comply with a Commonwealth, State or Territory law.
What This Means for Employers
The new declaration requirement adds an administrative step and potential penalty for sponsors that breach the new sponsorship obligation.
Fragomen will contact clients who are in the process of applying for or renewing their sponsorship status to discuss submitting the new declaration.
This alert is for information purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
MARN: 1278811
©2016 Fragomen
Country / Territory
Explore more at Fragomen

Video
Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Media mentions
Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Media mentions
Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Media mentions
Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Awards
Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Media mentions
Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.

Awards
Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Media mentions
Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Media mentions
Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Media mentions
Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Video
Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Media mentions
Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Media mentions
Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Media mentions
Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Awards
Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Media mentions
Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.

Awards
Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Media mentions
Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Media mentions
Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Media mentions
Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.