Labour Market Test (AEWV Job Check)

At a glance

The labour market test is a requirement for most Job Check applications under the Accredited Employer Work Visa instructions. It requires an employer to show they made genuine attempts to recruit suitable New Zealand workers and did not find anyone suitable or available. Certain jobs are exempt from the test (e.g., high-remuneration roles, Green List occupations). [WA3.20]

How it works

Before an accredited employer can obtain a job token for a migrant worker, they must satisfy INZ that no suitable and available New Zealand citizen or resident class visa holder can fill the role. This involves advertising the job, engaging with Work and Income for lower-skilled roles, and declaring the outcome of recruitment efforts. [WA3.20]

Steps

1. Determine if the labour market test applies

The test must be met for every job approved in a Job Check, unless the job:

• has remuneration of $70.00 per hour or above (or equivalent annual salary) [WA3.20]; or
• is for an occupation on the Green List, with the job's minimum requirements matching the list specifications [WA3.20]; or
• is for a Global Workforce Seasonal Visa job token [WA3.20].

2. Advertise the job (WA3.20.1)

The employer must make genuine attempts to attract suitable New Zealand workers by advertising the job. The advertising must:

• Be placed on a general national job listing website likely to attract New Zealand citizen or resident workers, or by other means if more targeted (e.g., industry-specific site) [WA3.20.1].
• Have closed before the Job Check application is submitted [WA3.20.1].
• Be listed for at least 14 calendar days if the role is ANZSCO skill level 1–3 (or NOL skill level 1–3 for Appendix 20 occupations), or at least 21 calendar days if ANZSCO skill level 4 or 5 (excluding roles treated at a higher skill level under WA3.16(d)) [WA3.20.1].
• End date must be within the 90 days before the Job Check application [WA3.20.1].
• Include: a job description with key tasks; key terms and conditions (minimum/maximum pay, estimated actual earnings if significant non-guaranteed portion, minimum guaranteed hours, job location); and the minimum qualifications, work experience, skills, or other specifications required [WA3.20.1].

The minimum requirements stated in the ad must:

• Only include those necessary to perform the work on offer (see WA3.20.5) [WA3.20.1].
• Be substantially consistent with those in the application form [WA3.20.1].

Advertising does not need to specify exact qualifications or exact months/years of experience; phrases like "relevant qualifications" or "relevant experience" may be accepted if the officer is satisfied they form part of a genuine attempt to recruit and broadly indicate the required minimum [WA3.20.1][WA3.20.1 note].

3. Engage with Work and Income for ANZSCO skill level 4 or 5 roles (WA3.20.3)

If the job is assessed at ANZSCO skill level 4 or 5 (and not treated at a higher level under WA3.16(d)), the employer must engage with Work and Income before lodging the Job Check. The engagement requirements:

• List the role with Work and Income, unless Work and Income advises there are no workers [WA3.20.3].
• Interview any candidates referred that the employer deems suitable [WA3.20.3].
• Act in good faith throughout the process [WA3.20.3].
• The person engaging must be responsible for hiring decisions (e.g., hiring manager, business owner, HR adviser) or a dedicated recruitment agent; if using an external agent, the employer must not use the same person or organisation for the Job Check application [WA3.20.3].
• The employer must retain evidence that the Work and Income listing is consistent with the general advertising [WA3.20.3].
• Engagement must be completed within the 90 days before the Job Check application [WA3.20.3].
• Independent advertising under WA3.20.1 is still required, regardless of Work and Income engagement [WA3.20.3].

For Peak Seasonal Visa job tokens, the employer may instead rely on Peak Seasonal Visa endorsement from Work and Income (if the employer has such endorsement at the time of the Job Check application, or a valid endorsement already assessed in a previous Job Check). Even with endorsement, the employer must still independently advertise [WA3.20.3].

4. Declare suitability and availability (WA3.20.10)

The employer must provide a declaration on whether any suitable and available New Zealand worker was found. A "suitable and available New Zealand worker" is a New Zealand citizen or residence class visa holder who is:

• "qualified to take up the work on offer" as defined in WA3.30.5 [WA3.30.5], or "can readily be trained to do the work on offer" as defined in WA3.30.10 [WA3.30.10]; and
• "available to do the work on offer" as defined in WA3.30.15 [WA3.30.15].

For ANZSCO skill level 4 or 5 roles, the employer must also declare that they engaged with Work and Income in good faith and did not find suitable candidates (from Work and Income or other advertising), and explain why any New Zealand applicants were not suitable or available [WA3.20.10][WA3.20(c)(iii)].

5. Assess if minimum requirements are necessary (WA3.20.5)

When assessing whether the job's minimum requirements are necessary, an immigration officer may refer to the ANZSCO occupation description (or NOL for Appendix 20 occupations) to see whether qualifications or work experience are standard. For requirements not covered by ANZSCO/NOL, the officer considers:

• the roles and responsibilities of the job; and
• whether the specification is likely to deter suitable New Zealand citizens or residents from applying [WA3.20.5].

For example, requiring a foreign language for a café worker is unlikely to be necessary, but requiring it for a tour guide serving non-English speakers may be acceptable [WA3.20.5 note].

6. Multiple locations (WA3.20.15)

If the proposed work is to be carried out in more than one location (as determined by an immigration officer under WA3.20.15), evidence of advertising meeting WA3.20.1 must be provided for each location [WA3.20]. The location of the job is the place where the work is entirely or principally carried out; an officer may decide multiple locations based on factors such as the nature of the role, reasons for different locations, work to be done, and how much work in each location [WA3.20.15].

Interpretation & edge cases

• Exception for high remuneration: Even if the job is not on the Green List, paying $70.00/hour or equivalent annual salary exempts the employer from the labour market test entirely [WA3.20].
• Green List occupation: If the job meets the Green List requirements (including any specific qualifications/experience listed in Appendix 13), the test is skipped [WA3.20].
• Seasonal pathways: Global Workforce Seasonal Visa tokens are exempt from the test; Peak Seasonal Visa tokens can substitute Work and Income endorsement for the engagement step, but still require general advertising [WA3.20][WA3.20.3].
• Work and Income engagement is limited to ANZSCO skill level 4 or 5 roles not treated at a higher level. For skill level 1–3 roles, only advertising is required [WA3.20.1].
• Good faith: The employer must act in good faith throughout. If INZ has adverse information suggesting bad faith, additional evidence may be requested beyond a declaration [WA3.20.3].
• Advertising content vs. application: The employer must ensure the advertised requirements match those in the application; discrepancies may be questioned [WA3.20.1].
• ANZSCO/NOL reference: The labour market test determination (advertising duration, Work and Income requirement) depends on the ANZSCO skill level or NOL skill level determined under WA3.16 [WA3.20.1][WA3.20.3].
• Peak Seasonal Visa endorsement validity: The employer may rely on a previous endorsement assessment if it is still valid [WA3.20(c)(iv)-(v)].

Key definitions

• Qualified to take up the work on offer (WA3.30.5): a person with qualifications, work experience, or skills identified by the employer as necessary, and deemed reasonable by an immigration officer, plus other necessary competencies (e.g., driver licence, physical fitness, ability to pass health/drug/criminal checks) deemed reasonable. [WA3.30.5]
• Can readily be trained to do the work on offer (WA3.30.10): a person who could perform the role through on-the-job training, even without the employer's required qualifications or experience, and who has the other reasonable competencies required. [WA3.30.10]
• Available to do the work on offer (WA3.30.15): a person residing in the job's location or willing to move, able to practically attend the workplace with suitable transport, and available for the required full-time hours. [WA3.30.15]

Citations

• WA3.20 — Labour market test
• WA3.20.1 — Advertising requirements
• WA3.20.3 — Work and Income engagement
• WA3.20.5 — Minimum requirements necessary to perform work
• WA3.20.10 — Suitable and available New Zealand worker definition
• WA3.20.15 — Determining location of job
• WA3.30.5 — Qualified to take up the work on offer
• WA3.30.10 — Can readily be trained to do the work on offer
• WA3.30.15 — Available to do the work on offer