Immigration Lawyers Toolbox Magazine
O-1A VISAS IN GAMING:
From the Programmer to the Athlete by BENJAMIN LAU, Esq. & ZAIN ABIDI, Esq.
Benjamin Lau, Esq.
Benjamin.Lau@JacksonLewis.com
Zain Abidi, Esq.
Zain.Abidi@JacksonLewis.com
62
ILT Magazine
In
the competitive global video game industry, the United States remains at the forefront despite the recent rise of foreign video game companies such as Tencent. Some of the most prestigious studios are located in the United States, and the battle between studios for elite talent to work on their breakout productions is fierce. Studios are forced to look outside the United States to secure talent, and their recruiters need the tools to sift through resumes of not only individuals who are qualified, but who qualify for a U.S. work visa. One of the most common tools used by video game companies is the O-1 visa. By definition, the O-1 visa is a nonimmigrant visa for individuals that possess extraordinary ability in the sciences, arts, education, business, or athletics. This article discusses the three types of professions within the video game field that fall within the O-1A visa category: programmers, producers, and athletes. We will cover the difficulties with these cases and how to develop a strategy to build a winning case. Not discussed are the simple cases for winners of major awards in the field or widely known industry leaders. Many lesser-known positions that may not immediately come to mind can qualify for the O-1A visa.
Issue No . 3
Programmers Programmers form the backbone of video game studios, and their contributions are often overlooked by industry outsiders. Programmers includes a wide range of positions, including graphics programmers, tools programmers, and game engine programmers. These are positions that allow the artists and game designers to take full advantage of a game system’s hardware, as well as any physics or graphics improvements made possible by a new game engine. With the rapid growth of video game studios, programmers have become scarce and are highly coveted by studios. While the H-1B visa is generally the most logical option, studios do not want to deal with the uncertainty of the H-1B lottery or having to wait months for the opportunity to bring a new programmer on-board. The O-1A visa provides an additional option for securing leading talent in the field. The difficulty with programmer O-1A visas is that programmers usually are not on the receiving end of press or fanfare, are not recognized at award programs, and often do not write in trade publications. While this may make it seem like a programmer O-1 is impossible, successful strategies include: