---
title: "Australia Updates AMSR Rules in 2026: What Employers Need to Know"
description: The Australian Government has updated AMSR rules, providing employers with flexible salary determination methods for visa nominations while ensuring fair pay for migrant workers.
---

[Blog | Australia Visa News & Migration Updates | Provisa ](https://www.provisa.com.au/blog)

# [Australia Updates AMSR Rules in 2026: What Employers Need to Know](https://www.provisa.com.au/blog/australia-updates-amsr-rules-in-2026-what-employers-need-to-know)

 Written by [Professional Visa and Education Services](https://www.provisa.com.au/blog/author/professional-visa-and-education-services) | Mar 30, 2026 1:19:33 AM

The Australian Government has introduced important changes to the way employers determine the **Annual Market Salary Rate (AMSR)** under the *Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026*.

These amendments represent a significant shift in how salary benchmarks are assessed for employer-sponsored visa nominations, offering greater flexibility while reinforcing safeguards to ensure migrant workers are paid fairly.

## What Has Changed?

The new instrument revises existing provisions under IMMI 18/033 and allows employers to adopt **alternative methodologies** when determining AMSR, particularly in situations where traditional industrial instruments do not fully apply.

Under the updated framework, employers now have broader options to determine appropriate salary levels using:

- Applicable **Fair Work instruments, state industrial instruments, or transitional arrangements**
- **Employment records and internal payroll data**
- **Market-based salary information**, including job advertisements, government data, and industry reports

The key requirement remains unchanged:  
**The salary offered must not undercut Australian market standards.**

## When an Equivalent Australian Worker Exists

Where an equivalent Australian worker is employed in the same role, location, and business, employers can determine AMSR by:

- Using the applicable **industrial instrument rate**, or
- Relying on **employment documents such as payslips, contracts, or payroll records**

However, the salary offered to the sponsored worker must **not be lower than what is specified under any applicable industrial instrument**.

## When No Equivalent Worker Exists

In situations where there is no comparable Australian employee, employers may determine AMSR using:

- Relevant **industrial instruments applicable to the occupation**, or
- Credible **market-based data**, such as: 
    - Job advertisements
    - Industry salary benchmarks
    - Government labour market data

This approach provides flexibility for businesses operating in specialised or emerging roles where direct comparisons may not be available.

## Visa Categories Affected

The amendments apply to nominations under key employer-sponsored visa categories, including:

- **Skills in Demand visa (Subclass 482)**
- **Skilled Employer Sponsored Regional visa (Subclass 494)**
- **Employer Nomination Scheme visa (Subclass 186)**
- **Regional Sponsored Migration Scheme visa (Subclass 187)**

These updates impact a significant portion of Australia’s skilled migration program and are particularly relevant for employers actively sponsoring overseas workers.

## When Do the Changes Apply?

The amendments commenced on **25 March 2026** and apply to:

- All **new nomination applications lodged on or after this date**, and
- **Existing applications that were lodged but not yet decided** at the time of commencement

This means employers with pending applications should review their AMSR calculations to ensure compliance under the updated framework.

## What This Means for Employers

From a practical perspective, these changes introduce **greater flexibility but also greater responsibility**.

Employers now have more options to determine salary benchmarks, but they must ensure that:

- The methodology used is **well-documented and justifiable**
- Salary levels align with **genuine market conditions**
- Sponsored employees are not disadvantaged compared to Australian workers

Failure to meet AMSR requirements can lead to **nomination refusals or compliance concerns**, making accurate salary assessment critical.

At Provisa, we see this as a positive development for employers navigating complex workforce requirements. The updated AMSR framework allows businesses to better reflect real-world employment conditions, particularly in industries where standard award structures may not fully apply.

However, with increased flexibility comes the need for **careful documentation, evidence-based salary benchmarking, and a clear understanding of compliance obligations**.

For businesses sponsoring overseas talent, it is now more important than ever to ensure that nomination applications are prepared with **accurate and defensible salary assessments**.

[View full post](https://www.provisa.com.au/blog/australia-updates-amsr-rules-in-2026-what-employers-need-to-know)

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