# Process for nomination—Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Skills in Demand) visa

> reg-2.73 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.73 Process for nomination—Subclass 457 (Temporary Work (Skilled)) visa
          and Subclass 482 (Skills in Demand) visa

               Application of this regulation
          (1) This regulation applies in relation to a person who is nominating a proposed
              occupation under paragraph 140GB(1)(b) of the Act in relation to any of the
              following (the nominee):
                (a) a holder of a Subclass 457 (Temporary Work (Skilled)) visa;
               (ab) a holder of a Subclass 482 (Skills in Demand) visa;
                (b) a holder of a Subclass 482 (Temporary Skill Shortage) visa;
                (c) an applicant or a proposed applicant for a Subclass 482 (Skills in Demand)
                    visa.
          (2) For the purposes of subsection 140GB(3) of the Act, the person may nominate a
              proposed occupation in accordance with the process set out in this regulation.

               General requirements for nominations
          (3) The nomination must be made using the internet.
          (4) The nomination must be made using the form specified by the Minister in a
              legislative instrument made for the purposes of this subregulation.
          (5) The nomination must be accompanied by the fee specified by the Minister in a
              legislative instrument made for the purposes of this subregulation.
        (5A) The nomination must be accompanied by any nomination training contribution
             charge the person is liable to pay in relation to the nomination.
          (6) Unless the occupation is nominated for a Subclass 482 (Skills in Demand) visa in
              the Labour Agreement stream, the occupation must be nominated for a Subclass
              482 (Skills in Demand) visa in:
                (a) if the occupation is an occupation in Major Group 1, 2, 4, 5 or 6 in
                    ANZSCO and the nominee’s annual earnings (excluding non-monetary








                     benefits) would be equal to or more than the specialist skills income
                     threshold—the Specialist Skills stream; or
                 (b) if the occupation is an occupation specified in the instrument made under
                     subregulation 2.72(9) in force at the time the nomination is made and
                     paragraph (a) of this subregulation does not apply in relation to the
                     occupation—the Core Skills stream.

               Alternative method of nominations
          (7) For subregulations (3) to (5):
               (a) if the Minister specifies, in a legislative instrument made for the purposes
                    of this subregulation, a different way of making a nomination of an
                    occupation, in circumstances specified in the instrument, the application
                    may be made in that way; and
               (b) if the Minister specifies in the instrument a form for the different way of
                    making the nomination, the nomination must be made using that form; and
               (c) if the Minister specifies in the instrument a different fee for making the
                    nomination, the nomination must be accompanied by that fee.
               Note:     Subregulation (3) relates to making nominations on the internet. It may be necessary
                         for the Minister to specify arrangements other than those in subregulations (3) to (5) if
                         special circumstances exist.

               Information to be included in nominations
          (8) The nomination must identify the nominee.
          (9) The person must provide the following information as part of the nomination:
               (a) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa
                   in the Core Skills stream—the name of the occupation and the
                   corresponding 6-digit code as they are specified in the instrument made
                   under subregulation 2.72(9) in force at the time the nomination is made;
              (aa) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa
                   in the Specialist Skills stream—the name of the occupation, the
                   corresponding 6-digit code for the occupation and the Major Group in
                   ANZSCO to which the occupation belongs;
               (b) if:
                     (i) the person is a party to a work agreement or negotiations for a work
                         agreement; and
                    (ia) the work agreement or proposed work agreement authorises the
                         recruitment, employment, or engagement of services of a person who
                         is intended to be employed or engaged as a holder of a Subclass 482
                         (Skills in Demand) visa; and
                    (ii) the occupation is nominated for a Subclass 482 (Skills in Demand)
                         visa in the Labour Agreement stream;
                   the name of the occupation and the corresponding 6-digit code (if any) as
                   they are specified in the work agreement or proposed work agreement;
               (c) the location or locations at which the occupation is to be carried out;








                 (d) the proposed period of stay for a visa granted on the basis of the
                     nomination, in accordance with subregulations (10) and (11);
                (da) the annual turnover (within the meaning of the Migration (Skilling
                     Australians Fund) Charges Regulations 2018) for the nomination;
                 (e) any other information specified by the Minister in a legislative instrument
                     made for the purposes of this paragraph.
         (10) For the purposes of paragraph 9(d), the proposed period of stay may be 1, 2, 3 or
              4 years provided the period of stay is not inconsistent with any international trade
              obligations of Australia.
         (11) However, if:
                (a) the person is a party to a work agreement or negotiations for a work
                    agreement; and
                (b) the occupation is nominated for a Subclass 482 (Skills in Demand) visa in
                    the Labour Agreement stream;
              the period of stay must not exceed the period specified in the work agreement or
              proposed work agreement.
         (12) The person must certify, in writing, as part of the nomination whether or not the
              person has engaged in conduct, in relation to the nomination, that constitutes a
              contravention of subsection 245AR(1) of the Act.
         (13) Unless the occupation is an occupation specified by the Minister in an instrument
              made under subregulation 2.72(13), the person must certify as part of the
              nomination, in writing, that:
                (a) the employment contract entered into with the nominee complies; or
                (b) the employment contract to be entered into with the nominee will, when
                    entered, comply;
              with all applicable requirements imposed by Commonwealth, State or Territory
              law relating to employment including, if applicable, the National Employment
              Standards (within the meaning of the Fair Work Act 2009).

               Additional requirements in relation to Core Skills stream
         (14) If the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the
              Core Skills, the person must certify as part of the nomination, in writing:
                (a) that the tasks of the position include a significant majority of the tasks
                     specified for the occupation in:
                       (i) ANZSCO; or
                      (ii) if there is no ANZSCO code for the occupation—the instrument made
                           under subregulation 2.72(9) in force at the time the nomination is
                           made; and
                (b) that the qualifications and experience of the nominee are commensurate
                     with the qualifications and experience specified for the occupation in:
                       (i) ANZSCO; or









                       (ii) if there is no ANZSCO code for the occupation—the instrument made
                            under subregulation 2.72(9) in force at the time the nomination is
                            made; and
                  (c) unless the occupation is an occupation specified by the Minister in an
                      instrument made under subregulation 2.72(13), that the occupation is a
                      position in:
                        (i) if the person is an overseas business sponsor or would be an overseas
                            business sponsor if the person were approved as a standard business
                            sponsor—the person’s business; or
                       (ii) in any other case—the person’s business or a business of an
                            associated entity of the person.

               Additional requirements in relation to Specialist Skills stream
      (14A) If the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the
            Specialist Skills stream, the person must certify as part of the nomination, in
            writing:
              (a) that the tasks of the position include a significant majority of the tasks
                   specified for the occupation in ANZSCO; and
              (b) that the qualifications and experience of the nominee are commensurate
                   with the qualifications and experience specified for the occupation in
                   ANZSCO; and
              (c) unless the occupation is an occupation specified by the Minister in an
                   instrument made under subregulation 2.72(13), that the occupation is a
                   position in:
                     (i) if the person is an overseas business sponsor or would be an overseas
                         business sponsor if the person were approved as a standard business
                         sponsor—the person’s business; or
                    (ii) in any other case—the person’s business or a business of an
                         associated entity of the person.

               Additional requirements in relation to Labour Agreement stream
         (15) If:
                (a) the person is a party to a work agreement or negotiations for a work
                    agreement; and
               (aa) the work agreement or proposed work agreement authorises the
                    recruitment, employment, or engagement of services of a person who is
                    intended to be employed or engaged as a holder of a Subclass 482 (Skills in
                    Demand) visa; and
                (b) the occupation is nominated for a Subclass 482 (Skills in Demand) visa in
                    the Labour Agreement stream;
              the person must certify as part of the nomination, in writing, that:
                (c) the tasks of the position include a significant majority of the tasks specified
                    for the occupation in:
                      (i) ANZSCO; or









                      (ii) if there is no ANZSCO code for the occupation—the work agreement
                           or proposed work agreement; and
                 (d) the qualifications and experience of the nominee are commensurate with
                     the qualifications and experience specified for the occupation in the work
                     agreement or proposed work agreement.
