First of all, you should be able to show the employer’s ‘genuine need’ to employ a person for the nominated position. Secondly, the employer should be able to show the financial capacity to employ the person. The nominated person should have the required qualifications and work experience for the position. You must offer the person the same work condition and compensation as an Australian citizen or Australian permanent resident. Generally, you need to perform Labour Market Testing—formalised job advertisements—to show that you could not find a proper candidate from the public. These are the main requirements and there are other specific requirements for each kind of nomination.

Many Employer nominations are not approved because requested documents are not submitted to the Department of Home Affairs in a timely manner. We recommend that you engage an experienced immigration lawyer to assist you in preparing relevant documentation to demonstrate that there is a genuine need for the position and genuine employment relationship between the sponsor and the applicant.

Proving a genuine need for the position is vary. A position vacancy, expansion of the business, or constant overtime work of staff could show the genuine need. However, creating a new position for visa purposes is not the proper way from this point of view.

Basically, The business should be likely to make a profit with the employment of the person. The business still might be eligible, even with temporary and/or minor deficits.