For employer-sponsored migration to Australia — whether through the Employer Nomination Scheme (ENS 186) or the Skills in Demand (TSS 482) visa — the employer must complete two separate steps: (1) be approved as a sponsor (or standard business sponsor), and (2) lodge a nomination for the specific position and worker. The nomination is assessed by DHA separately from the visa application. Visa cannot be granted until the nomination is approved (or at least lodged, for concurrent applications). This page explains what a nomination is, what DHA assesses in the nomination, the criteria for ENS 186 and TSS 482 nominations, and the review rights for refused nominations.

For current information on the nomination process, refer to the DHA nominating a position page.

• Migration Act 1958, s 140GB — the nomination approval power; DHA must approve or refuse the nomination
• Migration Regulations 1994, regulation 5.19 — nomination criteria for the TSS 482 visa
• Migration Regulations 1994, Schedule 2, subclass 186 — nomination requirements for ENS 186 (Employer Nomination Scheme)
• Migration Regulations 1994, regulation 2.72 — Annual Market Salary Rate (AMSR) requirements
• DHA: Nominating a position — immi.homeaffairs.gov.au/nominating-a-position

Why the nomination step exists

The employer nomination serves as DHA's assessment of the genuineness of the employment and the suitability of the position for employer-sponsored migration, independently of the individual nominee's visa application. It ensures:

• The employer is a legitimate Australian business with a genuine need for the skilled worker
• The position is genuine, ongoing, and appropriately classified under ANZSCO
• The salary and employment conditions meet the required standards
• For TSS 482: the position is on an approved occupation list and labour market testing was conducted

ENS 186 nomination criteria

For a nomination under the Employer Nomination Scheme (ENS 186) to be approved, the employer must demonstrate:

• Accredited sponsor or standard business sponsor (SBS) status: the employer must be an approved sponsor before nominating
• Lawful business operation: the employer must operate a lawful business in Australia in a genuine capacity
• The nominated occupation is eligible: for ENS 186, the occupation must be on the list of eligible ANZSCO codes under the 2022 ANZSCO version — this is distinct from other skilled visa categories that use 2013 ANZSCO. For details, see the ANZSCO explained page
• The position is full-time and ongoing: the nominated position must be permanent and full-time (not casual or fixed-term in most cases)
• Salary at the Annual Market Salary Rate (AMSR): the nominated salary must be at or above the market rate for the occupation in the relevant location
• Direct Entry stream criteria: if applying under the Direct Entry stream, the nominee must have at least 3 years of recent work experience in the nominated occupation
• Temporary Residence Transition stream: if transitioning from a TSS 482, the nominee must have been employed by the same employer in the same occupation for at least 2 years

TSS 482 nomination criteria

For a Skills in Demand (TSS 482) Core Skills stream nomination to be approved:

• The occupation is on the CSOL: the nominated occupation must be on the Core Skills Occupation List (CSOL) using the 2013 ANZSCO version
• Salary meets TSMIT and AMSR: the nominated annual earnings must meet both the Temporary Skilled Migration Income Threshold (TSMIT) and the Annual Market Salary Rate (AMSR) — the higher of the two applies. For details on TSMIT, see the TSMIT page
• Labour market testing (LMT): the sponsor must demonstrate genuine attempts to recruit an Australian citizen or permanent resident for the position — LMT advertising must be recent (within 4 months) and meet the LMT requirements. For details, see the labour market testing page
• Position is genuine: the nominated position must match the employer's genuine business needs
• Terms and conditions are equivalent: the nominated worker must be engaged under terms no less favourable than Australian workers in equivalent positions

Nominating a specific person vs a position

For most employer-sponsored nominations, the employer nominates both the position and the specific person to fill it. The nomination is worker-specific — it names the individual nominee and is linked to that person's visa application. If the worker changes before the visa is granted, the nomination may need to be withdrawn and a new one lodged for the replacement worker.

Concurrent nomination and visa applications

The nomination and visa applications can be lodged concurrently — at the same time. This allows DHA to process both applications in parallel. However:

• The visa cannot be granted until the nomination is approved — even if the visa application is otherwise complete
• If the nomination is refused, the visa application will also be refused (as the nomination criterion cannot be met)
• Lodging concurrently saves time overall — the visa processing can proceed up to the point of grant while the nomination is finalised

Refused nominations — review rights

If a nomination is refused by DHA, the employer (as the applicant for the nomination) can seek review. For ENS 186 and TSS 482 nominations:

• Refused nominations can be reviewed by the Administrative Review Tribunal (ART)
• The review is of the nomination decision — it is separate from any review of the visa application
• The grounds for review are whether the nomination met the relevant criteria at the time of the decision
• Time limits for lodging review apply — the nomination refusal letter will specify the review deadline and mechanism

A common source of difficulty in employer-sponsored nominations is salary compliance — both TSMIT and AMSR must be satisfied, and the higher of the two applies. Employers who pay above TSMIT but below market rate may have their nomination refused on the AMSR ground. The AMSR is assessed against market data for the occupation in the location (not just a national average), which can vary significantly. For regional areas, market rates may differ substantially from major city rates for the same occupation. Another common issue is the LMT advertising requirement — advertising must be genuine (not a sham process), recent (within 4 months), and placed on the Job Boards prescribed by DHA. For current nomination forms, processing times, and the current CSOL and ENS 186 eligible occupation list, refer to the DHA nominating a position page.