Can succesful indie devs qualify for EB-1 US visas?

[Ricardo C]

Something that caught my eye while I was getting the forms for my US tourist visa:

The EB-1 visa is for "aliens of extraordinary ability", and in some cases, it may be petitioned for by the alien himself, even if he has no employment offer in the United States.

To qualify for an EB-1 visa, the alien must provide evidence for three or more of the following:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

2. Membership in associations in the field which demand outstanding achievement of their members;

3. Published material about the alien in professional or major trade publications or other major media;

4. Evidence that the alien has judged the work of others, either individually or on a panel;

5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

6. Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;

7. Evidence that the alien's work has been displayed at artistic exhibitions or showcases;

8. Performance of a leading or critical role in distinguished organizations;

9. Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;

10. Evidence of commercial successes in the performing arts.

Conditions 3, 6, 7, and 9 sound as though they could be met by a relatively succesful indie, I think. Or am I overestimating our industry in terms of its ability to impress outsiders? :p

[soniCron]

I'm not familiar with these types of requirements since I'm already a U.S. citizen, but as you all know, I've got an opinion on everything, so: I believe enough of those conditions could be met by winning an award at the IGF. (Or, possibly even a nomination would suffice.) Anyone disagree?

[Bmc]

i don't think an IGF nomination/award would quite fit the bill.

[soniCron]

Well, it would meet 1, 3, 5, and 7, would it not?

[HairyTroll]

Well, it would meet 1, 3, 5, and 7, would it not?

I doubt the IGF or the game industry in general would in any way qualify an applicant for this visa. Take a look at the intent of the visa, namely to allow "aliens of extraordinary ability" to enter the US.

We're talking nobel prize, famous artist, olympic gold-medalist, famous actor etc.

Not someone who has written an article or two for Game Developer and perhaps received a prize from the IGF for a match-3 game.

[Gilzu]

I'm not familiar with these types of requirements since I'm already a U.S. citizen, but as you all know, I've got an opinion on everything, so: I believe enough of those conditions could be met by winning an award at the IGF. (Or, possibly even a nomination would suffice.) Anyone disagree?

Here's a Q. for those who know: Doesn't participating in IGF is considered a violation of a turist visa? it is, after all a business-related showcase & publishing event

[Ricardo C]

I doubt the IGF or the game industry in general would in any way qualify an applicant for this visa. Take a look at the intent of the visa, namely to allow "aliens of extraordinary ability" to enter the US.

We're talking nobel prize, famous artist, olympic gold-medalist, famous actor etc.

Not someone who has written an article or two for Game Developer and perhaps received a prize from the IGF for a match-3 game.

I was doing some more reading, and the USCIS site states this, regarding the Nobel prize:

Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply: (the requirements I quoted in the OP follow this paragraph).

It still reads as though an award for excellence in one's field WOULD count. And some of the examples of visa recipients I've read about include a dance teacher from Asia who was accepted because it was determined she would enrich American culture with her experience. She was approved in under three weeks, too. Not exactly a world-class athlete, scientist or entertainer.

But I guess we won't know unless someone tests it. Gabriel? Andy? Cliffski? :D

[Jay_Kyburz]

Why would you want to live in America?

Serious Question BTW. I've been living there for 3 months and and can't see why anybody would want to move there.

[soniCron]

Well, it depends on where you're living. Where are you living?

[mahlzeit]

Not someone who has written an article or two for Game Developer and perhaps received a prize from the IGF for a match-3 game.
What is not extraordinary about that? It's not like everyone is capable of getting articles published or writing a prize-winning game (match-3 or not). ;)

[sparkyboy]

Here's a Q. for those who know: Doesn't participating in IGF is considered a violation of a turist visa? it is, after all a business-related showcase & publishing event

In my bitter experience, The normal 'tourist visa' or the simpler 'Visa waiver' would allow you to practice your usual business on American soil.....you just can't apply for ANY KIND OF job,immigrate or change your status!!!!!!
So you are not in violation of the visa/waiver as pertains to business!!

Trust me I know from bitter experience. I have the necessary paperwork from Homeland security themselves!!!
Man that sure was an eye opener I can tell you!!!;)


Brrrrrrrr......Blighty sure is cold this time of year eh!!!!!:p

All the best


Mark.

[steve bisson]

the thought of having to go trough the security measures alone is enough to discourage me to go to the usa again... nice people . amazing landscapes , fun cities but the way they handle security... way too much for me... i guess they have "issues" ;)

[Andy]

But I guess we won't know unless someone tests it. Gabriel? Andy? Cliffski? :D

Kidding Ricardo?! I love my country and love every moment being here! It's so... native... :D
This is probably the question for cliffski... :p

REM: Pardon Clif!!! Just kidding - nothing personal. OK? GB is probably good country too.... ;)
REM1: Talking about US. I have found it pretty nice country. Awesome peoples. But this is all another questions really. I couldn't imagine to live there. And sure thing this all is too personal to give such recommendations to anybody else.

[Grey Alien]

When I'm an Alien (Grey one) and wouldn't mind moving to America, somewhere HOT for a while and make games, just for something different really, so the list is encouraging.

[papillon]

I'm more curious about what you'd need as an indie developer to qualify as a Self Employed Artist for Canadian immigration.

http://www.cic.gc.ca/english/business/self-1b.html

It doesn't seem to be a terribly popular category, as most webpages devoted to Canadian immigration ignore it completely and focus on Skilled Worker or Entrepreneur status. Also, there doesn't seem to be much in the way of official cutoff points for how famous or how rich you must be. I expect an IGF award would make it easy. Otherwise, it *sounds* like all you need is to prove that you make enough money from games to support yourself and you can talk the talk of being an artistic asset to the country. :)

[Ricardo C]

Why would you want to live in America?

Serious Question BTW. I've been living there for 3 months and and can't see why anybody would want to move there.
Reply With Quote

Trade places with me for three months and you'll see why the idea is appealing to me.

I'm more curious about what you'd need as an indie developer to qualify as a Self Employed Artist for Canadian immigration.

http://www.cic.gc.ca/english/business/self-1b.html

It doesn't seem to be a terribly popular category, as most webpages devoted to Canadian immigration ignore it completely and focus on Skilled Worker or Entrepreneur status. Also, there doesn't seem to be much in the way of official cutoff points for how famous or how rich you must be. I expect an IGF award would make it easy. Otherwise, it *sounds* like all you need is to prove that you make enough money from games to support yourself and you can talk the talk of being an artistic asset to the country.

"Interactive Media Development" (the category that includes game devs) is classified as an "applied sciences" career, so it's not eligible for the self-employed category :(

[papillon]

Yeah, but I'm a one-girl-band doing art, music, and writing as well as programming. I just have to be *convincing*. :) Someday.

[Vorax]

I'm more curious about what you'd need as an indie developer to qualify as a Self Employed Artist for Canadian immigration.

http://www.cic.gc.ca/english/business/self-1b.html

It doesn't seem to be a terribly popular category, as most webpages devoted to Canadian immigration ignore it completely and focus on Skilled Worker or Entrepreneur status. Also, there doesn't seem to be much in the way of official cutoff points for how famous or how rich you must be. I expect an IGF award would make it easy. Otherwise, it *sounds* like all you need is to prove that you make enough money from games to support yourself and you can talk the talk of being an artistic asset to the country. :)

Being from the UK, being in software, art and music - I bet you would have no problems getting into Canada. Just being from the UK alone is a big head start here. We still love visits from the queen and have a governor general -we were part of the common wealth after all :)

Canada is alot like the States with a few differences; minus the hand guns - up a few personal freedoms (gay marriages, toplessness allowed on beaches in some provinces, lower drinking age, looser marijuana enforcement, etc.... allot like most of Europe actually) - higher taxes - better beer - instead of standing behind our politicians we pretty much despise them as soon as they are elected :D

[sparkyboy]

@Vorax

What is the tax and social charge situation in Canada for a solo indie enterprise for example?
Would deportation from the United States to the UK have any bearing as regards to the Canadian immigration system?

I ask because I have no idea how closely tied the two countries are except for trade links! Thanks in advance Vorax.:)


All the best


Mark.

[papillon]

(I'm not from the UK, I'm from the US. My husband is British and I'm in the middle of getting British citizenship. However, England is a shitty place to live when you are DIRT POOR, so I am always looking for other options. OTOH, neither of us can drive, which could be a problem in nice cheap parts of Canada.)

Immigration is sort of becoming an outdated concept in my eyes. With the internet and all, ordinary people have friends all over the world, and it's annoying to have to fight through piles of red tape to visit or join them. Why *shouldn't* I be able to travel to wherever I want? :)

One of my best friends from high school has landed herself in Australia now...

[sparkyboy]

Anybody looked into getting into New Zealand?
By all accounts it's supposed to be similar to Australia but without all the poisonous critters etc!!:D

Any truth in that notion you guys from down under?:)

All the best


Mark.

[HairyTroll]

Anybody looked into getting into New Zealand? By all accounts it's supposed to be similar to Australia but without all the poisonous critters etc!


Emmigrating to New Zealand is relatively easy as New Zealanders want to get into Australia.

Climate, food and sport-wise, Australia is almost identical to South Africa.

[Vorax]

@Vorax

What is the tax and social charge situation in Canada for a solo indie enterprise for example?
Would deportation from the United States to the UK have any bearing as regards to the Canadian immigration system?

I ask because I have no idea how closely tied the two countries are except for trade links! Thanks in advance Vorax.:)


All the best


Mark.

Taxes in Canada are high, but if you are self employed you can write off alot of things (portion of your home, your equipment, expenses, etc.). I am not sure what a social charge is.

Deportation from the States may or may not effect you, it depends why you were deported. I know of at least one fellow that got into Canada that was deported from the US at some point, not sure why he was though.

[Diragor]

I'm more curious about what you'd need as an indie developer to qualify as a Self Employed Artist for Canadian immigration.

http://www.cic.gc.ca/english/business/self-1b.html

I was just looking at that page and for some reason it struck me as funny they're interested in involvement in cultural activities and athletics or...farm ownership and management(?).


Do you qualify as a self-employed immigrant?
To determine eligibility under the Self-Employed Persons Program, answer the following questions.

1. Have you been self-employed in cultural activities or athletics?
OR
2. Have you participated at a world-class level in cultural activities or athletics?
OR
3. Have you had farm management experience?

If so, have you the intention and ability to be self-employed in Canada and to make significant contributions in cultural activities or athletics, or to purchase and manage a farm in Canada?


Come to Canada! World-class athletes and farmers welcome! :)

[sparkyboy]

Taxes in Canada are high, but if you are self employed you can write off alot of things (portion of your home, your equipment, expenses, etc.). I am not sure what a social charge is.

Deportation from the States may or may not effect you, it depends why you were deported. I know of at least one fellow that got into Canada that was deported from the US at some point, not sure why he was though.

Thanks Vorax.
Social charges are obligatory pension, illness, unemployment etc contributions to the state and/or insurance companies basically.

My deportation happened simply because I was 5 days outside the 90 day limit, and could not get the money together to get away 'cleanly' as it were.

The amazing thing is, the immigration police gave me one last chance to get away on my own ( which of course I had already tried), and stated that once officially arrested, my deportation would be followed by a 3 or 5 year ban from US turf, as I had commited to no crime.
When I asked the officer who escorted me to the plane, he said most likely it would be 5 years.

Needless to say I am banned!! Still nice of them to give me the option though eh!


All the best


Mark.

[papillon]

More of an answer than we got - when the immigration people didn't bother showing up at our plane out of the country, and later we tried to contact them to find OUT if he's banned and how long for, they refused to answer the question and said only IF we applied for a visa and paid application fees would they tell us we couldn't have it (and keep the money) :)

Not that I particularly want to go back home anyway.

[HairyTroll]

My deportation happened simply because I was 5 days outside the 90 day limit, and could not get the money together to get away 'cleanly' as it were.


Usually the consulate will only give you a visa if you have a ticket for the return flight. Oh wait, you entered on the visa waiver program - nevermind.

[sparkyboy]

Usually the consulate will only give you a visa if you have a ticket for the return flight. Oh wait, you entered on the visa waiver program - nevermind.

You still need a return flight ticket even with the waiver, otherwise you'll be stuck at Border control and refused entry as it were.
I did have a return ticket, problem was I didn't check the return date properly. I took the booking agents word and of course the 'computers' word that the return date was 90 days from date of departure, when in fact it was 60 days.

When I did realise and try to change the departure date it was too late!!!:mad:

So the moral for all is this:-

When you are told by someone who knows sweet FA about computers that 'everything is correct sir.....the computer says so'..............check,check and check again!!!!!!;)

Being a bleeding programmer I should know better eh!!!:p I guess you do get blinded by love after all!!!!!!:D

All the best


Mark.

[grim reaper]

I read in your post you were getting married which wouldd allow you more time to appeal:eek:

[sparkyboy]

I read in your post you were getting married which wouldd allow you more time to appeal:eek:

True.....but YOU NEED MONEY TO GET MARRIED!!!!!!!!;)

We will be married real soon when she finally gets her butt over here to me!!!;)


All the best


Mark.

[grim reaper]

:eek: so you are not together? where are you ? i did not have that prob i may be able to help what about your family are you with them can they sponsor you

[sparkyboy]

Waiting for British Fiancee Visa to be granted, which takes time as per usual, then it's just a matter of getting her to the UK, getting wed and then we see from there.:D

One thing is certain though, we won't be going back to America for at least 5 years as I said.......if ever!! :)

The world's our oyster as it were!!!:D


All the best


Mark

[grim reaper]

whats the weather like in the uk.

[Anthony Flack]

New Zealanders aren't trying to get into Australia, because New Zealanders and Australians are free to live and work in either country. So New Zealanders who want to go to Australia do go.

New Zealand is nothing like Australia geographically, but very similar culturally. As for the wildlife, it's true - in Australia, everything is deadly. In New Zealand, everything is harmless.

[sparkyboy]

whats the weather like in the uk.

Put it this way...........not like California!!!:D Brrrrrrrrrrrrrrrrr!!!

All the best


Mark

[sparkyboy]

:eek: so you are not together? where are you ? i did not have that prob i may be able to help what about your family are you with them can they sponsor you

So tell me grim, seeing as you seem to have such a keen interest in my affairs, how could you help?
I mean is your real name 'George W Bush'??;)

I would be interested to hear about your move to the states, what barriers (if any) you overcame.... that might prove to be rather inciteful and helpful in the future.:)

All the best

Mark.

[grim reaper]

reading back through some of your earlier posts, it seems you have a problem with anybody asking questions. Its a Forum and you are telling the world and his dog your problems. i just tried to be friendly to a fellow brit.
enough said. maybe if you removed the chip off your shoulder.
Life would be easier for your self.
All the Best from a Brit who made it in the US. ps the weather is lovely:cool:

[palli]

I would love to go to America sometimes but so far I had no luck with the Greencard here in Germany. So any informations or tips are welcome. :)

palli

[Savant]

I would love to go to America sometimes but so far I had no luck with the Greencard here in Germany. So any informations or tips are welcome.
If you haven't already, get an immigration lawyer. It's the only way you're going to successfully navigate the mine field.

[palli]

If you haven't already, get an immigration lawyer. It's the only way you're going to successfully navigate the mine field.

What exactly is a immigration lawyer?

palli

[Savant]

A lawyer who specializes in immigration law.

[palli]

A lawyer who specializes in immigration law.

That makes sense. :)

What exactly are possible minefields you talked about? Any help would be great since the move to America is one of my biggest dreams.

palli

[Savant]

I can't tell you specifics but there are hundreds of little gotchas along the way. Forms to be filled out, qualifications to be met, data to be gathered, things to be done on your end, etc. It's way too much to handle for most people and have it be successful. If you can at all afford it, it's best to get a lawyer handling it and just do whatever they tell you to do.

This is usually the part of the show where someone will reply to this post with a story of how their friend's cousin filled out a single form and got a green card the next day but trust me - that is the exception. Most people will need professional and competent help.

[Andy]

....the move to America is one of my biggest dreams.

palli

Have you ever been living there before palli?

[sparkyboy]

reading back through some of your earlier posts, it seems you have a problem with anybody asking questions. Its a Forum and you are telling the world and his dog your problems. i just tried to be friendly to a fellow brit.
enough said. maybe if you removed the chip off your shoulder.
Life would be easier for your self.
All the Best from a Brit who made it in the US. ps the weather is lovely:cool:

I have no problems with being asked questions, I just ask that whenever someone wants to know the 'ins and outs' so to speak, that he back it up with something other than conjecture. It seems my last post upset you a little, sorry about that, but where's your advice??:)

I wouldn't call it a 'chip', but if you had experienced what I have in the past 5 years, especially the last 6 months or so, you wouldn't be so flippant.
Anyway all it has done is made me more determined, focused and of course STRONGER!;)
I know the weather's nice, got a few friends in Florida!!!:D


All the best


Mark.

[grim reaper]

Ok i have an ebook i got of the web on us imigration to help me and it was usefull if you want a copy .
so what was so bad with the last six months in us

[palli]

Have you ever been living there before palli?

Yes, I lived in Boston for about 5 month as part of a "Work and Travel" program. I worked 4 month for Fraunhofer (right next to Fenway Park) as a network assistant (student job) and I had the time of my life. I hope someday I make it but it is not easy.

Ok i have an ebook i got of the web on us imigration to help me and it was usefull if you want a copy.

Yes, I would love a copy of this ebook. Just send it to sebastian.palkowski(AT)web.de, thank you!

palli

[HairyTroll]

One thing is certain though, we won't be going back to America for at least 5 years as I said.......if ever!! :)

Just make sure she is fully aware of this. She may be under the impression that even though you can't live in the US for 5 years you will still be allowed to go back for vacations. And also that the ban is definite for 5 years, but may be longer. I would go to an immigration attorney in the US before you head back to the UK. The first consultation is usually free.

-Luke

[Andy]

Yes, I lived in Boston for about 5 month as part of a "Work and Travel" program. I worked 4 month for Fraunhofer (right next to Fenway Park) as a network assistant (student job) and I had the time of my life. I hope someday I make it but it is not easy.
palli

Oh, I see. I ask really because the life there is far more different when it's drawn on the pictures and TV. But if you've got such a practice you know this for sure even better than me. ;)

Again no any word against such a dream. I just mean how we all are different. :)

[HairyTroll]

Oh, I see. I ask really because the life there is far more different when it's drawn on the pictures and TV.

America is great. The customer service is excellent. Walk into any store and most times someone will immediately walk over and ask if you need help. (In South Africa the store assistants give the impression that customers are beneath them.) The guy at the grocery store who packs your groceries will always ask if you need help out to your car. People are friendly and will generally start up a conversation with strangers. And any foreign accent is a sure-fire hit with the ladies.

What throws the rest of the world off is that Americans are assertive. If something is not to their liking they will speak up. In other countries people are generally scared of 'making a scene' even if they have the short end of the stick ("thank you for the slap to the face, I'll be back tomorrow and you can hit me again") - I think it all boils down to 'children should be seen and not heard' which is absolutely not the case here in the states. Ever heard an American in a foreign airport when their flight is cancelled/delayed? ;)

[Expresionista]

I think that, here in Europe, the idea many people has about the americans is kind of like Cartman in that episode of Southpark where he goes to Ethiopia.

Cartman (in Ethiopia): "I am an American citizen! Give me food! I am an American citizen!"

Don't take this too seriously though... :rolleyes:

[robleong]

America is great. The customer service is excellent. Walk into any store and most times someone will immediately walk over and ask if you need help. (In South Africa the store assistants give the impression that customers are beneath them.) The guy at the grocery store who packs your groceries will always ask if you need help out to your car. People are friendly and will generally start up a conversation with strangers. And any foreign accent is a sure-fire hit with the ladies.

What throws the rest of the world off is that Americans are assertive. If something is not to their liking they will speak up. In other countries people are generally scared of 'making a scene' even if they have the short end of the stick ("thank you for the slap to the face, I'll be back tomorrow and you can hit me again") - I think it all boils down to 'children should be seen and not heard' which is absolutely not the case here in the states. Ever heard an American in a foreign airport when their flight is cancelled/delayed? ;)

Very true, indeed! However, in addition, I do find that there is a wide range of quality and abilities in the US, coming from Ireland (I came in on an E-2 Treaty Investor visa). You could get the best or the worst in anything, so you'll have to be more careful and discriminating in your choices! One thing that I'm not as keen on is that money plays a very central role in the US - everything is available if one has money. It is still a great country to live in, with a standard of life that's quite difficult to beat anywhere else in the world.