Work Visa Lawyers is leading the way on Australia’s National Innovation Visa (NIV) in 2026. Last month alone, we secured four NIV invitations for our clients — three through state nomination (two in South Australia and one in Queensland under the Investor pathway for $1 million or more) and one further National Innovation Visa invitation outside the state nomination process. This is a strong result, and it reflects our deep, hands-on experience with the NIV’s evidence requirements. A new Ministerial Direction has also just been released, confirming exactly how NIV applications are processed, and confirming that offshore applicants are not being left behind. Here is what this means for you, and how Work Visa Lawyers can help you get there too.
What is the National Innovation Visa?
The National Innovation visa (subclass 858) is a permanent visa. It is for people with an internationally recognised record of exceptional and outstanding achievement.
You can be a researcher, entrepreneur, investor, athlete, or creative professional. You do not need a points test or a job offer. Learn more about the National Innovation Visa, including our free eligibility assessment.
Complete our FREE NIV Assessment
To apply, you must be offshore, or onshore and holding a substantive visa. You also need a nominator. This can be an individual or organisation with a strong reputation in your field, or an Australian, state, or territory government agency.
There is no age limit. But if you are under 18 or 55 and over, you must show that you would be of exceptional benefit to Australia.
Why does this matter?
Ministerial Directions tell the Department of Home Affairs which applications to process first. They do not change the visa rules, but they affect how long you may wait.
On 19 September 2026, two new Directions came into effect. Direction 121 covers temporary skilled visas, such as the Skills in Demand (subclass 482) visa. Direction 122 covers provisional and permanent skilled visas, such as the 186, 189, 190 and 491 visas. Together, they replaced all processing priorities under Direction 119.
Under both new Directions, applicants who were in Australia when they lodged are processed ahead of applicants who were outside Australia, after the priority sectors.
The NIV is not covered by Directions 121 or 122. It stays under its own direction, Ministerial Direction 120, which has been in force since 25 July 2026.
This is important. It means your NIV application is not pushed down the queue just because you are applying from overseas.
NIV state nominations: South Australia and Queensland
South Australia has five NIV nomination categories. These are global researchers and thought leaders, entrepreneurs, innovative investors, creative talent, and other globally talented individuals.
There is no minimum investment threshold for the Entrepreneurs or Innovative Investors categories in South Australia. This surprises many applicants who assume they need a fixed amount of capital.
Queensland’s Registrations of Interest (ROIs) for NIV nomination are currently temporarily closed. They are expected to reopen for the 2026–27 program.
So what does this mean for you? If you are considering the Investor or Entrepreneur pathway, South Australia is currently more accessible than Queensland. You should build your evidence now, so you are ready when Queensland reopens.
How often are NIV invitations issued?
Invitation rounds for the NIV happen monthly.
Based on our own casework, Work Visa Lawyers has observed that invitations tend to follow a consistent monthly pattern. Last month, we secured four invitations for our clients: two South Australian state nominations, one Queensland nomination under the Investor pathway for an investment of $1 million or more, and one further National Innovation Visa invitation outside the state nomination process.
This is a good sign. It shows the NIV program is actively inviting candidates every month, not just occasionally, and that well-prepared applicants across different categories are getting results.
What Ministerial Direction 120 says about priority
Direction 120 came into effect on 25 July 2026 and replaced the earlier Direction 112. It has not been changed by the new Directions 121 and 122. It covers the National Innovation Visa, along with the remaining Global Talent visa and Distinguished Talent visa applications.
The order of priority under Direction 120 is:
- Applications from exceptional applicants who are global experts and recipients of top-of-field international awards.
- Applications where the applicant is nominated by an expert Australian Government, state, or territory government agency, using Form 1000.
- Applications with exceptional achievement in Tier 1 sectors: critical technologies, renewables and low emission technologies, and health industries.
- Applications with exceptional achievement in Tier 2 sectors: agri-food and ag-tech, defence capabilities and space, education, financial services and fintech, infrastructure and transport, and resources.
- All other applications.
Notice that this order is based on merit and sector, not on whether you are onshore or offshore. This is different from Directions 121 and 122, which put applicants in Australia ahead of applicants outside Australia.
Direction 120 also covers the Global Talent and Distinguished Talent applications still waiting for a decision. This raises a fair question: how many Global Talent visa applications are still waiting? The Department has not published this figure on its website. If you have an old Global Talent application still pending, it is worth checking where you stand.
What should you do?
If you are thinking about the National Innovation Visa, do not assume that being offshore will slow you down.
You should check:
- whether your achievements meet the exceptional and outstanding achievement criterion
- whether you have a suitable nominator, including whether a government agency nomination is realistic for you
- whether South Australia’s nomination categories suit your profile
- whether you should prepare now for Queensland’s ROI reopening
- whether your evidence lines up with the Tier 1 or Tier 2 priority sectors
- whether you have an older Global Talent or Distinguished Talent application still pending
Building strong evidence takes time. The sooner you start, the better prepared you will be for the next invitation round.
Can Work Visa Lawyers help?
Yes. Work Visa Lawyers is one of the most active firms currently working on National Innovation Visa applications. Last month alone, we secured four invitations for our clients: three through state nomination (two in South Australia and one in Queensland under the Investor pathway for $1 million or more) and one further National Innovation Visa invitation outside the state nomination process. This track record comes from years of hands-on experience with the NIV’s evidence requirements and its predecessor visas, the Distinguished Talent and Global Talent visas.
We can assist with:
- a free National Innovation Visa eligibility assessment
- state nomination applications for South Australia and Queensland
- nominator identification and Form 1000 support
- evidence strategy for Tier 1 and Tier 2 priority sectors
- Global Talent and Distinguished Talent visa backlog enquiries
- Investor and Entrepreneur pathway applications
If you want to know where you stand, start with our free NIV eligibility assessment.
FAQ: National Innovation Visa Australia 2026
What is the National Innovation Visa?
The National Innovation Visa (subclass 858) is a permanent visa for people with an internationally recognised record of exceptional and outstanding achievement. Learn more on our National Innovation Visa service page.
Is the National Innovation Visa affected by Ministerial Directions 121 and 122?
No. Ministerial Directions 121 and 122 replaced Direction 119 on 19 September 2026 and cover other skilled visas, such as the 482, 190 and 491 visas. The National Innovation Visa is covered by its own direction, Ministerial Direction 120, which does not prioritise onshore applicants over offshore applicants.
Can I apply for the National Innovation Visa if I am offshore?
Yes. You can apply for the NIV if you are offshore, or onshore and holding a substantive visa. Being offshore does not put you behind onshore applicants under Direction 120.
Is Queensland still accepting National Innovation Visa nominations?
Queensland’s Registrations of Interest for the NIV are currently temporarily closed. They are expected to reopen for the 2026–27 program. South Australia is currently accepting NIV nomination applications.
Has Work Visa Lawyers had success with National Innovation Visa applications?
Yes. Work Visa Lawyers secured four National Innovation Visa invitations for clients in a single month, including three state nominations: two in South Australia and one in Queensland under the Investor pathway. You can check your own eligibility with our free NIV assessment.
How many National Innovation Visa invitations are issued each month?
The Department of Home Affairs runs NIV invitation rounds monthly. Work Visa Lawyers has observed strong recent invitation activity across our own client base.
How can Work Visa Lawyers help with my National Innovation Visa application?
Work Visa Lawyers recently secured four NIV invitations for clients in a single month, including three state nominations. We can assess your eligibility with our free NIV assessment, help you find a suitable nominator, prepare your Expression of Interest, and support your state nomination application. Talk to an Immigration Lawyer.
Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules and state nomination requirements can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision.