US H-1B visas: alternatives to a $100,000 fee

William Diaz, a senior manager at the global immigration law firm Fragomen, outlines the various visa options for moving employees into the United States.

The games industry thrives on creativity – and often on international collaboration, with many studios relying on multinational teams to deliver projects. For companies hiring or deploying talent into the United States, the H-1B visa has long served as an important route for bringing in skilled workers.

However, recent developments have introduced new uncertainty for employers, particularly following the announcement of a $100,000 fee that appears to be generally applicable for each new H-1B hire. This development has drawn attention in creative and technology-driven sectors such as gaming, where international mobility often plays a key role in production.

Overview of the H-1B visa programme

The H-1B visa allows US employers to hire qualified professionals from abroad in speciality occupations that typically require at least a bachelor’s degree or equivalent experience. Each year, 85,000 new H-1B visas are made available, with most applicants selected through a lottery process. In recent years, only about 25–35% of registrants have been selected, making the category both competitive and unpredictable.

On September 19, 2025, a presidential proclamation introduced a $100,000 fee per 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 – remain to be clarified.

This new cost layer adds to existing H-1B compliance requirements, including prevailing wage obligations and educational thresholds. The stated goal of the policy is to protect American workers and encourage the hiring of local talent, but for many employers in specialised fields such as game development, the change may create bottlenecks in the talent pipeline. Studios that cannot find equivalent local expertise will need to evaluate alternative visa pathways and adapt hiring strategies. Fortunately, employers have alternative options to consider.

The O-1 visa: Individuals with extraordinary ability

The O-1 visa is for those who are able to demonstrate extraordinary ability in their area of expertise. The O-1 visa is not subject to numerical limitations, and no $100,000 fee applies for sponsorship.

The primary obstacle to the O-1 visa is meeting the required standard of achievement, which can be high and is often subject to interpretation.

Industry veterans with notable credits and contributions tend to make strong candidates. Those early in their careers may face a steeper climb to securing approval, but could still qualify based on significant achievements, industry awards, or impactful work.

When assessing eligibility, an immigration lawyer will consider factors such as awards, grants, fellowships, media coverage, credits, the commercial success of projects, and the applicant’s role in these projects. Participation in industry groups, speaking engagements, articles, and high remuneration can also support a petition. Evaluating O-1 eligibility early can to help inform a broader US immigration strategy.

Although the O-1 can carry a high burden for approval, applicants need not be an industry-defining auteur on the order of a Kojima or a Miyamoto to secure approval. A degree of success in a relatively niche area within the games industry can still provide a strong basis for O-1 sponsorship.

The L-1 visa: Intra-company transfers

Employees who have completed at least one year of continuous employment within a corporate group while outside the United States may qualify for the L-1 visa. This category is available to executives and managers, as well as employees classified as specialists.

Employers can sponsor a worker who has gained one year of experience in a managerial or specialised role within an organisation. Approvals for managers generally favour those who supervise other managers or employees performing roles that require at least a bachelor’s degree. Individuals who manage an important company function may also qualify for approval, even if they do not have direct reports.

L-1 approval for specialists typically favours those who have knowledge and skills that are unique within an employer’s organisation or across the broader industry. For instance, a UK-based studio deploying engineers and artistic talent to a US partner studio may find the L-1 route particularly suitable, especially where those workers continue work on an ongoing project that began outside the United States. Demonstrating expertise in a company’s proprietary technologies or products often strengthens an application for a specialist, although it is not strictly required.

The E-2 visa: Treaty country nationals

The E-2 visa offers a versatile option for nationals of specific “treaty countries,” including the United Kingdom. To qualify, the applicant’s nationality must align with the nationality of the hiring company’s ultimate ownership.

For example, a company with at least 50% ultimate British ownership (for example, shareholdings traceable to British holders) can transfer a British citizen to the United States under the E-2 visa. The category accommodates managers, executives, and specialist employees.

The E-2 does not require extraordinary ability or prior experience within a corporate group. However, the nationality requirement can limit eligibility, particularly for foreign workers joining US-based companies that are predominantly held by American shareholders.

Planning for regulatory change

The new $100,000 sponsorship fee for the H-1B category introduces a new consideration for US-based employers seeking foreign talent. While some details surrounding the applicability and possible exceptions to this newly introduced fee remain unclear, both workers and employers should take a proactive approach to explore alternative visa categories that may be readily available.

In an industry defined by creativity, innovation, and teamwork, careful immigration planning helps to sustain international collaboration and maintain adaptability in response to regulatory change.