When planning to immigrate to the United States, one of the most important questions you’ll face is: Which visa best fits my situation? With numerous nonimmigrant visa options available—each designed for different purposes and individuals—it’s crucial to understand which one aligns with your goals. This guide from the immigration attorneys at Green Card Link introduces two key employment-based visas: the L-1 visa and the E-3 visa, helping you make an informed choice for your immigration journey.
Understanding the L-1 Visa
The L-1 visa is a popular nonimmigrant visa that allows multinational companies to transfer qualified employees from their foreign offices to the United States. To qualify, the company must operate in both countries—having a parent, subsidiary, affiliate, or branch in the U.S. and abroad. The L-1 visa includes two categories: L-1A and L-1B.
L-1A Visa: For Managers and Executives
The L-1A visa is reserved for executives and managers within multinational organizations. To meet U.S. Citizenship and Immigration Services (USCIS) standards, applicants must fit one of the following definitions:
- Manager: Oversees a department or team, manages daily operations, supervises staff, and controls hiring decisions.
- Executive: Holds the authority to make major strategic decisions and directs other managers or senior professionals.
L-1A visa holders can initially work in the U.S. for three years, with the possibility of extensions up to seven years. A unique benefit of this category is that executives or managers may enter the U.S. to establish a new branch or office. In such cases, the initial stay is limited to one year, after which the company must demonstrate business activity—such as hiring U.S. workers—to qualify for an extension.
L-1B Visa: For Specialized Knowledge Workers
The L-1B visa is for professionals with specialized knowledge—meaning a deep understanding of the company’s products, services, or operations that is not easily found in the U.S. labor market. This visa category is essential for employees whose skills are critical to the organization’s success.
L-1B visa holders are initially admitted for three years, with extensions available for up to five years total. Unlike the L-1A, this category cannot be used to open a new office in the United States. However, once the office is established, L-1B employees can be transferred to support U.S. operations.
Employers can also streamline the process by filing a blanket L-1 petition, allowing multiple employees to transfer under a single approval—simplifying mobility for global teams.
What Is the E-3 Visa?
While the L-1 visa is widely used by multinational companies, Australian citizens may also consider the E-3 visa—a nonimmigrant visa created specifically for Australians in specialty occupations. This visa is part of the broader “E” visa category, which also includes E-1 treaty traders and E-2 treaty investors.
Essentially, the E-3 visa functions similarly to the H-1B visa, but it is exclusively available to Australian nationals and generally easier to obtain since it does not require entry into the H-1B lottery.
To qualify for an E-3 visa, you must:
- Be an Australian citizen;
- Have a U.S. job offer in a specialty occupation;
- Possess the necessary education, credentials, or certifications for that role.
Your U.S. employer must file a Labor Condition Application (LCA) with the Department of Labor, confirming that:
- U.S. employees were notified of the intent to hire you;
- Your employment will not adversely affect current workers;
- You’ll be paid at least the prevailing wage for your position and location;
- No strike or lockout exists at your workplace.
Once approved, E-3 visa holders are typically granted an initial stay of two years, renewable indefinitely in two-year increments, as long as employment continues.
L-1 vs. E-3 Visa: Key Differences to Consider
If you’re an Australian professional employed by a multinational company, you may qualify for either the L-1 or E-3 visa. Deciding between them depends on your role, nationality, and long-term immigration goals. The immigration attorneys at Green Card Link can help evaluate your eligibility and guide you toward the best option.
1. Visa Fees and Costs
L-1 Visa Fees:
- $460: I-129 Petition filing fee
- $500: Fraud prevention fee
- $4,500: Public Law 113-114 fee (for companies with 50+ employees, half of whom hold L-1 or H-1B status)
- $750–$1,500: ACWIA Training Fee (depends on company size)
- $190: DS-160 fee (for consular processing)
Total employer and employee costs range from $1,900 to $7,150, although beneficiaries typically only pay the DS-160 fee if applying through a consulate.
E-3 Visa Fees:
- $460: I-129 Petition filing fee
- $190: DS-160 fee
The total cost is approximately $650, making the E-3 visa significantly more affordable for employers.
Both visa categories allow for Premium Processing, which expedites adjudication from several months to 15 calendar days for an additional $1,440 (paid by either party).
Making the Right Choice
Selecting the appropriate visa can have a major impact on your professional and personal future. The L-1 visa is ideal for multinational managers, executives, and specialized employees, while the E-3 visa provides a flexible path for Australian professionals in specialty occupations.
At Green Card Link, its immigration attorneys have extensive experience guiding individuals and employers through every step of the L-1 and E-3 visa process—from eligibility assessments to documentation and USCIS filings. Whether you’re transferring within a global company or pursuing a specialized role in the U.S., Green Card Link is ready to help you navigate your immigration journey with confidence.
L-1 vs. E-3 Visa: Duration, Portability, and Green Card Options
Visa Durations
The L-1 and E-3 visas differ significantly in how long you can remain in the United States under each status.
The L-1A and L-1B visas both begin with an initial stay of three years. However, an L-1A visa holder may extend their stay for up to seven years, while an L-1B visa holder can remain for a maximum of five years. Once these limits are reached, there are no standard options for further extension.
By contrast, the E-3 visa—available exclusively to Australian nationals—grants an initial stay of two years, with the opportunity to extend the visa in two-year increments. There is no fixed limit to how many extensions you can receive. As long as you continue working in an eligible E-3 position, you may effectively remain in the U.S. indefinitely under this status.
Portability Between Employers
Portability refers to the ability to transfer your visa sponsorship from one employer to another.
For E-3 visa holders, portability is relatively straightforward. You can move to another qualified employer as long as the new position still qualifies as a specialty occupation. The new employer simply needs to file a new Form I-129 petition on your behalf before you begin working.
On the other hand, the L-1 visa does not allow employment with any company other than the one that sponsored your visa. If your employment with that company ends, your authorization to stay in the U.S. ends as well, and you must return to your home country. In contrast, E-3 visa holders who lose their position may seek a new E-3-eligible job without necessarily leaving the country.
Transitioning from L-1 or E-3 Visa to a Green Card
For many professionals, the ultimate goal is to obtain lawful permanent residency in the United States. This can be done through a green card, which may be secured by either adjusting your status while in the U.S. or applying abroad for an immigrant visa.
Dual Intent: Can L-1 and E-3 Holders Apply for Green Cards?
The U.S. Citizenship and Immigration Services (USCIS) classifies certain visas as “dual intent”, meaning holders can pursue a green card without jeopardizing their current status. Popular dual-intent visas include the H-1B and O-1, and importantly, the L-1 visa also falls under this category.
The E-3 visa, however, is more nuanced. According to USCIS guidance, while the E-3 is not a formal dual-intent visa like the L-1 or H-1B, an applicant’s petition for permanent residency cannot be denied solely because they have filed for a green card. In practice, this means pursuing permanent residency as an E-3 holder is possible, though handled cautiously on a case-by-case basis.
For this reason, consulting with immigration attorneys at Green Card Link is strongly recommended before taking any step toward permanent residency as an E-3 visa holder. They can assess your specific situation and provide a strategy that aligns with current immigration policies.
Obtaining a Green Card from L-1 Status
While it is possible to transition from either visa type to permanent residency, the process is generally more straightforward for L-1 visa holders. To secure an employment-based green card, your U.S. employer (or a new one) must file an I-140 petition on your behalf.
Before this step, most applicants must first complete the PERM Labor Certification process, which confirms that no qualified U.S. workers are available for your role. This requirement typically applies to:
- EB-2 Green Cards (except those with a National Interest Waiver)
- EB-3 Green Cards
Once the PERM certification is approved, your employer can submit the I-140 petition. The date USCIS receives it becomes your priority date, which determines your place in line for a visa number. You can monitor progress using the U.S. Department of State’s monthly Visa Bulletin. When your category’s “final action date” matches your priority date, you can move forward with Form I-485 to adjust your status.
Keep in mind that wait times vary widely based on your country of origin and visa preference category—for some applicants, this may take several years.
Additionally, while the L-1A visa often serves as a stepping-stone to the EB-1C green card for multinational managers and executives, there is an important caveat. To qualify, you must have worked for your employer’s foreign branch as a manager or executive for at least one continuous year within the three years before filing your EB-1C petition. If you have lived in the U.S. for several years under the L-1A visa, you may need to return abroad to requalify.
L-1 vs. E-3: Which Is Right for You?
If you’re eligible for both visas—such as an Australian manager, executive, or specialized professional—you may wonder which path is best.
The L-1 visa offers the benefit of dual intent, making it easier to pursue a green card while maintaining lawful status. Meanwhile, the E-3 visa is far more cost-effective and can be extended indefinitely, providing flexibility for long-term employment.
Ultimately, the right choice depends on your personal goals, career trajectory, and immigration plans. The immigration attorneys at Green Card Link can help evaluate your specific situation to determine which visa category aligns best with your short- and long-term objectives.
How Green Card Link Can Help
Choosing the right visa is one of the most important decisions in your immigration journey. Both the L-1 and E-3 visas involve significant investment of time, documentation, and employer sponsorship. Working with experienced immigration attorneys at Green Card Link ensures that you make informed decisions, avoid costly mistakes, and protect your long-term goals.
With decades of collective experience, the immigration attorneys at Green Card Link have successfully guided professionals and employers across the globe through every stage of the visa and green card process. Whether you’re pursuing an L-1 or E-3 visa, or seeking to transition to permanent residency, our team provides personalized, results-driven legal guidance to help you achieve your American dream.