Ministerial Direction 120 & National Innovation Visa - 14 Aug 2026

Ministerial Direction 120 processing priorities explained

Ministerial Direction 120 is now the key processing framework for Class BX visas, which include the National Innovation visa (NIV) subclass 858, legacy Global Talent visas and Distinguished Talent applications not finally decided before the Direction took effect. It replaces Ministerial Direction 112 and applies to applicants already in the system as well as new NIV candidates.

What Ministerial Direction 120 does - and does not - do

• Sets the order of considering and disposing of Class BX applications
• Applies to National Innovation, Global Talent and Distinguished Talent subclass 858 cases
• Revokes Ministerial Direction 112 from 25 July 2026
• Does not create a new visa subclass
• Does not remove existing subclass 858 legal criteria
• Does not guarantee visa approval for any priority level

The Direction also provides guidance to decision makers on how to assess “exceptional and outstanding achievement”, which remains central to the NIV pathway. This is a talent-based visa, not a points-tested program like subclass 189, 190 or 491. No quick points spreadsheet. Just talent, evidence and contribution potential.

The five processing priority levels under Direction 120

This structure means a Nobel Prize winner in a Tier 2 area may still sit above a strong but less globally recognised Tier 1 researcher. Priority is about both category and calibre. Priority 5 exists, but it is clearly the slow lane.

How Direction 120 ranks talent, sectors and nominations

Priority 1 - global experts with top-of-field international awards

Priority 1 is reserved for applicants who are global experts and hold top-of-field international awards. The Direction cites examples such as Nobel Prizes, the Fields Medal, Turing Award, Pulitzer Prize, International Booker Prize and Olympic Gold Medals as indicators of the standard expected.

Very few applicants will fall into this category. It targets those whose impact is already undisputed at a global level, where ImmiIQ data and our analysis suggest decision makers have abundant public material to verify claims quickly.

Priority 2 - expert government agency nominations (Form 1000)

Priority 2 applies to applicants nominated by an expert Australian Government agency or State or Territory Government agency using Form 1000. The nomination is not a box-tick; it is expected to set out why the applicant’s expertise matters to Australia’s interests.

Tier 1 vs Tier 2 priority sectors under Direction 120

Tier 1 sector applicants with exceptional and outstanding achievements are placed in Priority 3, while similarly strong Tier 2 candidates sit in Priority 4. This does not label Tier 2 as unimportant; it simply organises the queue. Lowest since September 2025.

The National Innovation visa is not based on a simple points score. It is based on exceptional talent, recognised achievements, priority sectors and the applicant’s potential contribution to Australia.

Recent NIV invitation data - April to June 2026

Home Affairs’ April - June 2026 National Innovation visa invitation data gives a snapshot of how Direction 120’s sector focus aligns with outcomes. During that period, the Department received 2,166 Expressions of Interest (EOIs) and issued 248 invitations to apply for the NIV.

From the available figures, 192 of 248 invitations went to Priority 3 Tier 1 sector applicants, compared with 38 for Priority 4 Tier 2. This could affect how agents, applicants and education providers view sector positioning within the NIV program.

Practical next steps for agents, applicants and providers

Direction 120 does not change the law for subclass 858, but it changes who waits longer. For many, the key question now is simple: where does a particular profile realistically sit across the five priorities?

1. 01Check whether the case is clearly Priority 1 or 2 (global award holder or expert government agency nomination using Form 1000).
2. 02Map the applicant’s work to Tier 1 or Tier 2 sectors using the published NIV priority sector list.
3. 03Review evidence of exceptional and outstanding achievement, using Direction 120’s indicators such as independent recognition and public record.
4. 04Compare sector alignment with recent invitation trends for Tier 1 and Tier 2 from April - June 2026.
5. 05For education providers, align course marketing and articulation pathways with Tier 1 and Tier 2 sector definitions where relevant.

Agents managing legacy Global Talent or Distinguished Talent matters can now clearly see that those cases sit within the same Class BX queue as new National Innovation visa applicants. For everyone involved, Direction 120 turns what was previously implied into a transparent processing roadmap.

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