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H-1B specialty occupation for MS in UX Design (STEM)

Question details

I hold an MBA (non-STEM) and an MS in UX Design (STEM) both from US universities. My role blends managerial duties with design expertise, and my career goals include executive positions in the design domain. How does this dual specialization impact my H1B case, particularly regarding the "specialty occupation" criteria? Are there any nuances I should be aware of?
 

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FAQ Transcript

Yes, it is possible to get an H-1B for UX design, but it depends on how your job is classified. UX design can fall under multiple fields, such as computer science, graphic design, ergonomic engineering, human factors design, or industrial psychology.

To qualify for an H-1B, your role must clearly require a specialized degree in a related field. Work with your lawyer to determine the best classification based on your job duties and educational background. Careful planning is essential to ensure a strong case.
 

Can I delay using an H-1B visa to utilize the STEM extension period?

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I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?
 

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If you have time left on your STEM OPT but have won the H-1B lottery, you can technically opt for H-1B consular processing and continue using your STEM OPT. However, since 2023, this approach has become riskier.
The safer option is to proceed with an H-1B change of status. If you delay the H-1B activation and later face job loss, transferring the H-1B could be more complicated. While consular processing is still possible, it carries uncertainties. If it were my case, I would choose the change of status for a more secure transition.
 

Can an H-1B holder start a company with a full-time job?

Question details

As per the new 2024 H1B Rules, can an H1B holder start a company with 100% ownership (possibly working on out-of-office hours/weekends) while holding a full-time job at another company?
 

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Yes, an H-1B holder can start a company while maintaining a full-time job, but there are key conditions:

  • Concurrent H-1B: You must file for a concurrent H-1B for your own company.
  • Ownership: You can own 100% of the company; USCIS allows majority ownership.
  • Job Role: At least 51% of your work must be in your H-1B specialty (e.g., software development), not just as a CEO.
  • Salary & Compliance: Your company must pay you a prevailing wage and follow all standard H-1B rules.

While legally possible, the process is complex and must be carefully structured to meet all H-1B regulations.
 

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H-1B Quota 2025

We recommend that the H-1B lottery registration process should be planned and initiated now to ensure that it is ready to be submitted once the registrations open from noon Eastern on March 7, 2025 through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.

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FY 2026 H-1B Cap Initial Registration Period Opens on March 7

Release Date 

Today, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.