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Policy Updates14 August 2026 5 min read

Ministerial Direction 120 & National Innovation Visa – 14 Aug 2026

Ministerial Direction 120, effective 25 July 2026, reshapes processing priorities for Class BX, including the National Innovation visa subclass 858. This 14 August 2026 update explains how the five priority levels work, who sits where, and how “exceptional and outstanding achievement” links to the new processing order.

Summary

Ministerial Direction 120, published by the Australian Government on 14 August 2026, sets a five-level processing priority order for Class BX visas, including the National Innovation visa subclass 858. It does not change visa criteria or guarantee grants, but it now clearly explains who is processed first and why.

5

Processing priority levels under MD 120

2,166

NIV EOIs received Apr–Jun 2026

248

Invitations issued Apr–Jun 2026

192

Tier 1 sector invitations (Priority 3)

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.

Class BX – who is included?

Class BX covers: - Current National Innovation visa subclass 858 applications - Older Global Talent subclass 858 applications - Undecided Distinguished Talent applications linked to subclass 858 Applicants may still use older names, but processing is now aligned under one Class BX framework.

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

Priority levelPriority 1
Who falls into this categoryExceptional applicants who are global experts and recipients of top-of-field international level awards
Priority levelPriority 2
Who falls into this categoryApplicants nominated by an expert Australian Government agency or State or Territory Government agency on approved Form 1000
Priority levelPriority 3
Who falls into this categoryApplicants with exceptional and outstanding achievements in Tier 1 priority sectors
Priority levelPriority 4
Who falls into this categoryApplicants with exceptional and outstanding achievements in Tier 2 priority sectors
Priority levelPriority 5
Who falls into this categoryAll other Class BX visa applications
Processing priority order for Class BX applications under Ministerial 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.

Priority ≠ automatic grant

Ministerial Direction 120 only controls processing order. Every National Innovation visa applicant must still: - Receive an invitation before lodging - Demonstrate exceptional and outstanding achievement - Provide strong objective evidence supporting claims A high priority position without substance can still lead to refusal.

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Point score trends and invitation volumes across every round.

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189
70
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75
190
80

How Direction 120 ranks talent, sectors and nominations

Direction 120 makes clear that the National Innovation visa is for people who are exceptional first, and in a priority sector second.

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.

Priority 1 evidence typeTop international award
What it may showRecognition at the highest level of the field
Priority 1 evidence typeGlobal expert status
What it may showApplicant is recognised internationally
Priority 1 evidence typeField-leading contribution
What it may showWork has changed or shaped the field
Priority 1 evidence typeIndependent recognition
What it may showAchievement is not only self-claimed
Priority 1 evidence typeStrong public evidence
What it may showAward, media, institution or industry recognition supports the claim
Illustrative evidence concepts for Priority 1 applicants under Direction 120.

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.

Government nomination requirementCompleted Form 1000
What it should explainNominating agency details and support
Government nomination requirementSupporting statement
What it should explainWhy the agency is nominating the applicant
Government nomination requirementStrategic contribution
What it should explainHow the applicant can help Australia
Government nomination requirementCollaboration
What it should explainAny past or proposed collaboration with the agency
Government nomination requirementField relevance
What it should explainWhy the agency sees the applicant as exceptional
Core elements of a Priority 2 government agency nomination.

Government nomination is specific, not generic

Direction 120 makes clear that only expert agencies using Form 1000 fall into Priority 2. A general government interaction, grant or partnership alone does not create Priority 2 status without a proper nomination.

Tier 1 vs Tier 2 priority sectors under Direction 120

TierTier 1
Priority sectorsCritical technologies
TierTier 1
Priority sectorsRenewables and low emission technologies
TierTier 1
Priority sectorsHealth industries
TierTier 2
Priority sectorsAgri-food and AgTech
TierTier 2
Priority sectorsDefence capabilities and space
TierTier 2
Priority sectorsEducation
TierTier 2
Priority sectorsFinancial services and FinTech
TierTier 2
Priority sectorsInfrastructure and transport
TierTier 2
Priority sectorsResources
Tier 1 and Tier 2 sectors for Priority 3 and 4 NIV applicants.

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.

DHA, 14 August 2026

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.

NIV invitation data, Apr–Jun 2026Total EOIs received
Number2,166
NIV invitation data, Apr–Jun 2026Invitations issued
Number248
NIV invitation data, Apr–Jun 2026Priority 1 invitations
NumberFewer than 5
NIV invitation data, Apr–Jun 2026Priority 2 invitations
NumberFewer th… (data truncated in source)
NIV invitation data, Apr–Jun 2026Priority 3 invitations (Tier 1)
Number192
NIV invitation data, Apr–Jun 2026Priority 4 invitations (Tier 2)
Number38
National Innovation visa invitation outcomes, April–June 2026 (as published by DHA; Priority 2 figure incomplete in source).

Incomplete Priority 2 invitation figure

The source data only shows “Priority 2 invitations – Fewer th…”, so the exact count is not available. Any precise number beyond this wording would be speculative and is not included here.

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.

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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.

Where to find official NIV and EOI information

For up-to-date official information, readers may wish to review: - NIV priorities: Home Affairs NIV priorities page - Current invitation round: NIV current invitation round page - EOI process: Submitting your Expression of Interest page Direct links are listed in the sources below.

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.

FAQ

Frequently Asked Questions

This article is for informational purposes only and does not constitute migration advice. Always consult a Registered Migration Agent (RMA) for advice specific to your circumstances.

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