William Diaz, Senior Manager, Global Immigration Law Firm Fragomendescribes the various visa options for relocating employees to the United States.
The games industry thrives on creativity and often international collaboration, with many studios relying on multinational teams to deliver projects. For companies hiring or sending talent to the United States, the H-1B visa has long served as an important route to attract skilled workers.
However, recent events have created new uncertainty for employers, especially since $100,000 fee announced this appears to apply to every new H-1B hire. This development has attracted attention in creative and technology-oriented sectors such as gaming, where international mobility often plays a key role in production.
H-1B Visa Program Overview
The H-1B visa allows U.S. employers to hire skilled workers from abroad in occupations that typically require at least a bachelor's degree or equivalent experience. Each year, 85,000 new H-1B visas are granted, with most applicants selected through a lottery. In recent years, only about 25–35% of registrants were selected, making the category both competitive and unpredictable.
On September 19, 2025, a presidential order introduced a fee of $100,000 for each new H-1B employee unless the employer qualifies for a national interest exception. The specifics of these exceptions, including how they will be defined, adjudicated, and processed, have yet to be clarified.
This new cost level is in addition to existing H-1B eligibility requirements, including prevailing wage obligations and education thresholds. The stated goal of the policy is to protect American workers and encourage the hiring of local talent, but for many employers in specialized fields such as game development, the changes could create bottlenecks in the flow of talent. Studios that cannot find equivalent local talent will have to evaluate alternative visa options and adapt recruitment strategies. Fortunately, employers have alternative options to consider.
O-1 Visa: Individuals of Extraordinary Ability
The O-1 visa is for those who are able to demonstrate exceptional ability in their field of expertise. The O-1 visa is not subject to quantitative restrictions and there is no $100,000 sponsorship fee.
The main obstacle to obtaining an O-1 visa is meeting the required academic standard, which can be high and is often subject to interpretation.
Industry veterans with outstanding accomplishments and contributions tend to make strong candidates. Those early in their careers may face a steeper climb to receiving approval, but can still qualify based on significant achievements, industry awards, or impactful performance.
When assessing eligibility for immigration, an attorney will consider factors such as awards, grants, scholarships, media coverage, loans, commercial success of projects, and the applicant's role in those projects. Participation in industry groups, speaking engagements, articles, and high compensation can also support a petition. An early assessment of O-1 visa eligibility can help inform the broader U.S. immigration strategy.
While O-1 may carry a large approval burden, candidates do not need to be an industry-defining auteur like Kojima or Miyamoto to receive approval. Some success in a relatively niche area of the gaming industry could still provide a solid foundation for O-1 sponsorship.
L-1 Visa: Intra-Company Transfers
Employees who have completed at least one year of continuous employment with a corporate group while located outside the United States may qualify for an L-1 visa. This category is available to executives and managers, as well as employees classified as specialists.
Employers may sponsor an employee who has one year of experience in a managerial or specialized position within the organization. Managerial approvals are typically granted to those who supervise other managers or employees in roles that require at least a bachelor's degree. Individuals who manage important company functions may also qualify for approval, even if they do not have direct reports.
L-1 approval for specialists is typically granted to those who have unique knowledge and skills within the employer's organization or within the broader industry. For example, a UK studio sending engineers and artists to a US partner studio may find the L-1 route particularly suitable, especially if those employees continue to work on an ongoing project that began outside the United States. Demonstrating knowledge of a company's proprietary technologies or products often strengthens an application to become a specialist, although it is not strictly required.
E-2 Visa: Nationals of Treaty Countries
The E-2 visa offers a one-stop option for citizens of certain “treaty countries,” including the United Kingdom. To qualify, the applicant's nationality must be the same as that of the ultimate owner of the employing company.
For example, a company with at least 50% ultimate British ownership (eg shareholdings held by British owners) may transfer a British citizen to the United States on an E-2 visa. This category includes managers, executives and specialists.
The E-2 does not require exceptional ability or prior corporate group experience. However, the citizenship requirement may limit eligibility, especially for foreign workers joining U.S. companies that are predominantly owned by U.S. shareholders.
Planning for Regulatory Changes
A new $100,000 sponsorship fee for the H-1B category opens up new opportunities for U.S. employers seeking foreign talent. While some details regarding the applicability and possible exceptions to this newly introduced fee remain unclear, both employees and employers should take a proactive approach to exploring alternative visa categories that may be readily available.
In an industry built on creativity, innovation and teamwork, careful immigration planning helps maintain international cooperation and remain adaptable to changes in legislation.
