Exploring Alternatives to the $100,000 H-1B Visa Fee in the US

William Diaz, a senior manager at the global immigration law firm Fragomen, discusses various visa options for transferring employees to the United States, highlighting the impact of the recent $100,000 fee on the H-1B visa category. The gaming industry, which relies heavily on international collaboration, is particularly affected by this development. The H-1B visa has traditionally been a key route for US employers to hire skilled foreign workers in specialty occupations, but the new fee has introduced uncertainty for employers. Each year, 85,000 new H-1B visas are available, with most applicants selected through a lottery process, making the category highly competitive. The introduction of the $100,000 fee per new H-1B employee, unless the employer qualifies for a national interest exception, adds to existing compliance requirements. This change may create talent pipeline bottlenecks for employers in specialized fields like game development, prompting them to evaluate alternative visa pathways. Fortunately, alternative options are available, including the O-1 visa for individuals with extraordinary ability, the L-1 visa for employees with at least one year of continuous employment within a corporate group, and the E-2 visa for nationals of specific treaty countries. The O-1 visa is not subject to numerical limitations or the $100,000 fee, but requires demonstrating extraordinary ability in a particular field. Industry veterans with notable achievements and significant contributions tend to make strong candidates, while those early in their careers may face a steeper climb to securing approval. The L-1 visa is available to executives, managers, and specialists who have completed at least one year of continuous employment within a corporate group. Employers can sponsor workers who have gained one year of experience in a managerial or specialized role, with approvals favoring those who supervise other managers or employees performing roles that require at least a bachelor's degree. The E-2 visa offers a versatile option for nationals of specific treaty countries, including the United Kingdom, with the applicant's nationality aligning with the nationality of the hiring company's ultimate ownership. While the new $100,000 sponsorship fee for the H-1B category introduces a new consideration for US-based employers, alternative visa categories can provide a solution for those seeking to bring foreign talent to the US. Proactive immigration planning is essential for sustaining international collaboration and adapting to regulatory changes in the industry.