No. Federal processing priorities for skilled visas only determine the order in which the Department of Home Affairs assesses and decides applications. They do not require states and territories to issue 190 and 491 nominations in that same order, or against that same priority occupation list. Each state sets its own criteria and its own skills list.
Negin Safaee, Registered Migration Agent (MARA 1791573), answers this frequently asked question with complete clarity: Ministerial Direction No. 122 does not change the legal criteria for a visa or the occupation lists; it simply tells decision-makers which cases should generally be looked at ahead of others. State nomination is a separate process and sits outside the scope of that Direction.
For that reason, the assumption that “because an occupation appears on the federal priority list, the state must also prioritise it for nomination” is not necessarily correct. A state may target an occupation that does not appear on another state’s list at all, because it has made its decision based on its own industries, resources sector and economic needs. A clear example is NSW, which ties nomination to its own skills list: the applicant must hold a valid skills assessment in an occupation that sits within an ANZSCO unit group listed there and that is also eligible for the relevant subclass.
There is, however, an indirect connection that is worth understanding for planning purposes: the Department of Home Affairs also assesses state-nominated visa applications in line with the permanent Migration Program planning levels and the same skilled processing priorities. In other words, even if a state nominates an occupation that falls outside the federal priorities, that person’s visa application sits further down the federal queue and will be decided later. In addition, a state’s nomination allocation only sets the number of new primary applicants that state can nominate in a program year — it does not determine how many visas are ultimately granted.
One final point that makes your decision-making simpler: the nominated occupation must still appear on the federal eligible skilled occupation list for that subclass. In practice, state lists operate as an additional filter and subset, not as a replacement for the federal list. So the differences between state lists are real, but no state can nominate an occupation that sits outside the federal list for a 190 or 491.
If you would like to know which state gives your occupation and profile the best chance of nomination, and where you would sit in the federal queue, a short, personal conversation with Negin Safaee can bring your pathway into focus and put your mind at ease.
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This answer reflects the law and policy as verified on October 30, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.