Ministerial Direction 120: A New Priority for National Innovation Visa (NIV) (Subclass 858)
The Ministerial Direction (MD) 120 came into effect on 24 July 2026. It sets out how the Department of Home Affairs (DoHA) will prioritise and assess the National Innovation Visa (NIV) (Subclass 858), the Global Talent Visa, and the Distinguished Talent Visa.
What is Ministerial Direction (MD) 120?
MD 120 is designed to ensure that the best global talents, those who can drive Australia's productivity and growth, are moved to the front of the processing queue.
This Direction creates a clear 5-tier system for processing applications. The higher the tier, the faster your visa will be assessed:
Priority 1: Global experts and recipients of prestigious international awards (such as Nobel Prizes, Pulitzer Prizes, or Olympic Gold Medals).
Priority 2: Applicants nominated by an expert Australian Government agency (using Form 1000).
Priority 3 (Tier 1 Sectors): Exceptional individuals working in Critical Technologies, Renewables/Low Emission Tech, or Health Industries.
Priority 4 (Tier 2 Sectors): Exceptional individuals in Agri-food, Defence, Space, Education, FinTech, Infrastructure, or Resources.
Priority 5: All other eligible applicants.
What Does Exceptional Achievement Actually Mean?
The Department stated that meeting the criteria is not a simple tick-the-box exercise. Decision-makers must be satisfied that you are of a very high calibre and capable of making an outsized contribution to Australia. MD 120 provides several indicators of talent that officers will look for:
Holding a PhD from a top 100 global university or having high-level publications in journals like Nature or The Lancet.
Receiving major national or international research grants (e.g., from the Australian Research Council).
Being a keynote speaker at major international conferences or holding valuable international patents.
Having a job offer or current earnings at or above the High Income Threshold (currently over $175,000 AUD, indexed annually).
The National Innovation Visa (NIV) (Subclass 858)
The NIV (SC858) is a highly selective program targeted at migrants who can drive growth in areas of national importance. Unlike standard skilled visas, this pathway is less about meeting a points test and more about proving your unique, world-class value.
The Direction instructs case officers to consider an applicant’s circumstances rather than use the priority factors as a rigid checklist. This means that if you have a unique blend of skills that isn't strictly on a list but offers massive value to Australia, you may still have a pathway to success.
What Should You Do Now?
If you are planning to apply for a Subclass 858 visa under the NIV pathway:
Determine which priority sector your work falls into. Speak with AHC Lawyers if you are unsure.
Focus on third-party recognition, such as grants, awards, and high-level publications.
Securing a nomination from a respected Australian body or individual remains a critical part of the process.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
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How Can Agape Henry Crux Help
For any visa queries, reach out to speak with one of our immigration lawyers for professional advice and guidance for your specific circumstances. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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