
Country / Territory
As a result of a High Court of Australia decision, foreign offshore workers engaged in activities such as the exploration or exploitation of minerals, greenhouse gas and petroleum resources within Australia's Exclusive Economic Zone (EEZ) and the waters above the Continental Shelf will now require a permanent, Subclass 457 or a Subclass 400 visa to continue working in Australia's offshore resources industry.
This decision does not apply to those working in the Joint Petroleum Development Area.
Background
In June 2013, the Migration Amendment (Offshore Resources Activity) Act 2013 (ORA Act) came into effect, requiring all foreign workers in Australia's offshore oil and gas industry in the EEZ to hold a permanent or temporary visa.
In December 2015, the Minister of Immigration sought to exempt offshore resource workers on structures or vessels (not on Australian resource installations) from this rule. However, the High Court has now held that exemption as beyond the power granted to the Minister by the Parliament.
What This Means for Employers and Foreign Nationals
Affected foreign nationals now require a permanent, Subclass 457 or 400 visa to work in Australia's offshore oil and gas industry, regardless of whether they are working on a structure connected to the sea bed or on a vessel, which will result in a new visa process and costs.
They are also subject to immigration clearance requirements, such as clearance on the Australian mainland before travelling to the Australian resources installation, or reporting their entry to the Department of Immigration seven days prior to their arrival to Australia.
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].
MARN: 0849574
Country / Territory
Explore more at Fragomen

Media mentions
Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Blog post
Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Media mentions
Partner Bo Cooper explains how proposed H-1B fee and lottery changes impact hiring of skilled international talent across sectors.

Media mentions
Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Fragomen news
Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Media mentions
Partner Daniel Brown outlines steps companies can take to support employees and maintain smooth operations during compliance-related situations.

Awards
Fragomen has been recognized in the 2026 edition of The Best Law Firms™ in Germany, earning a Regional Tier 1 ranking in Hessen for Labor and Employment Law.

Media mentions
Partner Shayan Sultan discusses a rise in inquiries about UAE residency and remote work programmes amid global talent mobility trends.

Media mentions
Partner Rajiv Naik, Senior Manager Thomas Kingsmill and Manager Ko Ito highlight rising UK sponsor licence revocations and how HR and mobility leaders can manage the impact.

Media mentions
Partner Bo Cooper discusses the $100,000 H-1B fee and its impact on financial, banking and technology firms relying on international talent.

Media mentions

Media mentions
Partner Audrea Golding explains how the $100,000 H-1B fee could affect hiring across the tech industry.

Media mentions
Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Blog post
Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Media mentions
Partner Bo Cooper explains how proposed H-1B fee and lottery changes impact hiring of skilled international talent across sectors.

Media mentions
Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Fragomen news
Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Media mentions
Partner Daniel Brown outlines steps companies can take to support employees and maintain smooth operations during compliance-related situations.

Awards
Fragomen has been recognized in the 2026 edition of The Best Law Firms™ in Germany, earning a Regional Tier 1 ranking in Hessen for Labor and Employment Law.

Media mentions
Partner Shayan Sultan discusses a rise in inquiries about UAE residency and remote work programmes amid global talent mobility trends.

Media mentions
Partner Rajiv Naik, Senior Manager Thomas Kingsmill and Manager Ko Ito highlight rising UK sponsor licence revocations and how HR and mobility leaders can manage the impact.

Media mentions
Partner Bo Cooper discusses the $100,000 H-1B fee and its impact on financial, banking and technology firms relying on international talent.

Media mentions

Media mentions
Partner Audrea Golding explains how the $100,000 H-1B fee could affect hiring across the tech industry.