Contract analysis

1. Comprehensive Compliance Understanding. Ensure that all participants understand the full scope of OWS's compliance obligations under applicable federal immigration laws and regulations, including but not limited to the Immigration and Nationality Act ("INA"), the regulations promulgated by the Department of Labor ("DOL") governing the Labor Condition Application ("LCA") process, and the requirements established by

2. Enforcement Risk Mitigation. Mitigate the risk of government enforcement actions, civil fines, debarment from immigration programs, and criminal penalties arising from noncompliance. The federal agencies charged with enforcement of immigration laws — including USCIS, the DOL's Wage and Hour Division ("WHD"), U.S. Immigration and Customs Enforcement ("ICE"), and the Department of Justice's Immigrant and Employee Ri

3. Active Visa Program Support. Support OWS's ongoing visa sponsorship program, which currently encompasses eighteen (18) active visa holders — fourteen (14) H-1B workers, three (3) O-1A visa holders, and one (1) O-1B visa holder — as well as a pipeline of twelve (12) prospective candidates for fiscal year 2026. The scale and complexity of this program demand a structured, disciplined approach to compliance across al

4. Operational Consistency. Establish uniform procedures and protocols that apply consistently across all OWS worksites and departments, ensuring that immigration compliance obligations are understood and applied in the same manner whether the relevant activity takes place at the San Jose headquarters, the Austin Design Center, the Portland Test Facility, or in the context of a remote work arrangement. Compliance is

1. A bachelor's or higher degree in a specific specialty, or its equivalent, is normally the minimum requirement for entry into the particular position.

2. The degree requirement is common to the industry in parallel positions among similar organizations, or, in the alternative, the position is so complex or unique that it can be performed only by an individual with a degree in the specific specialty.

3. The employer normally requires a degree or its equivalent for the position.

4. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree in a specific specialty. For OWS, the vast majority of H-1B positions are engineering and technical roles requiring at least a bachelor's degree in electrical engineering, computer engineering, photonics, physics, computer scien

1. Centralized Authority. Only Calderwood & Harkness LLP (outside immigration counsel) and OWS's Immigration Program Manager (Rajesh Anand) are authorized to initiate, manage, or make representations regarding visa petitions on behalf of the Company. No other manager, HR team member, or department head should independently communicate with USCIS, DOL, or any immigration agency regarding visa matters.

2. Early Notification. Hiring managers should notify Rajesh Anand as early as possible — ideally at the candidate identification stage — when considering a candidate who may require visa sponsorship. Early engagement allows Calderwood & Harkness to assess the candidate's eligibility, develop a case strategy, and ensure timely filing. Delays in notification can result in missed filing deadlines, complications with the

3. No Guarantees. Under no circumstances should any OWS representative promise or imply to a candidate or employee that a visa petition "will" be approved. All visa petitions are subject to USCIS adjudication, and approval is never guaranteed. Making premature assurances to candidates can create legal liability for the Company and unrealistic expectations for the individual. SECTION 3: MODULE 2 — EMPLOYER OBLIGATIONS

1. Wages. The employer will pay the H-1B worker a wage that is at least equal to the higher of the actual wage (the wage paid to other employees with similar experience and qualifications for the specific employment in question) or the prevailing wage for the occupational classification in the area of intended employment.

2. Working Conditions. The employment of the H-1B worker will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

3. No Strike or Lockout. There is no strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification at the place of employment at the time the LCA is filed.

4. Notice. The employer has provided notice of the LCA filing to workers in the occupational classification and area of intended employment, either through posting or through notification to the bargaining representative, if applicable. The LCA program is enforced by the DOL's Wage and Hour Division ("WHD"), which has the authority to investigate employer compliance, impose civil monetary penalties, order back-wage p

1. Certified LCA. A copy of each certified LCA (Form ETA 9035/9035E) for H-1B workers employed at the worksite.

2. Prevailing Wage Documentation. Documentation of the prevailing wage source and determination used for each LCA filing, including the DOL Online Wage Library data or, if applicable, an independent prevailing wage survey.

3. Actual Wage Memorandum. A memorandum or other documentation describing the methodology used by OWS to determine the actual wage paid to similarly situated employees. This memorandum establishes that OWS's offered wage meets or exceeds the actual wage for the position.

4. Summary of Benefits. A summary of the benefits offered to H-1B workers and to U.S. workers in comparable positions, demonstrating that benefits are offered on the same basis.

5. Notice / Posting Documentation. Copies of the electronic posting with dates demonstrating that the ten-business-day posting requirement was satisfied, including the date the posting began and the date it was removed. The PAF must be made available for public inspection within one (1) business day of a request. Any member of the public — including competing employers, labor organizations, journalists, or government

Section 274B of the Immigration and Nationality Act establishes prohibitions against citizenship status discrimination and national origin discrimination in the context of hiring, firing, and recruitment. These anti-discrimination provisions are enforced by the Department of Justice, Immigrant and Employee Rights Section ("IER"), which investigates complaints, conducts compliance reviews, and brings enforcement actio

1. Citizenship Status Discrimination. Refusing to hire, or firing, an individual based on their citizenship or immigration status, where the individual is a protected person authorized to work in the United States. Protected persons include U.S. citizens, U.S. nationals, lawful permanent residents, asylees, and refugees. This means, for example, that an employer may not prefer an H-1B worker over a U.S. citizen or pe

2. Document Abuse / Over-Documentation. Requesting more or different documents than are required for Form I-9 employment verification. This form of discrimination, often called "document abuse" or "over-documentation," occurs when an employer demands that an employee produce specific documents — such as a green card or work permit — rather than allowing the employee to choose which acceptable documents to present fro

3. Rejecting Valid Documents. Refusing to accept documents that reasonably appear to be genuine and to relate to the individual presenting them. An employer may not reject a document simply because it is unfamiliar or because the employer prefers a different type of document.

4. Preferential Treatment Based on Status. Preferring H-1B or other visa holders over U.S. workers, or vice versa, based on immigration status rather than qualifications, experience, or other legitimate job-related criteria.

5. Retaliation. Taking adverse action against any individual who exercises their rights under INA § 274B, files a complaint with the IER, or participates in an investigation or proceeding. 4.3 Practical Guidance for Hiring Managers To ensure compliance with INA § 274B, all OWS hiring managers must adhere to the following guidelines: Pre-Offer Inquiries. Before extending an offer of employment, a hiring manager may as

1. Late Completion of Section 2. Failing to complete Section 2 within three (3) business days of the employee's start date. This is the single most common I-9 violation.

2. Missing or Incorrect Information in Section 1. Errors such as selecting the wrong citizenship status checkbox, omitting the Social Security Number (mandatory for E-Verify participants), or leaving required fields blank.

3. Accepting Expired Documents. Examining and recording documents that were expired at the time of examination. Only unexpired documents may be accepted for Section 2 (with limited exceptions for certain documents, such as expired U.S. passports for naturalized citizens completing Section 1).

4. Failure to Reverify. Neglecting to reverify employment authorization before the expiration date noted on the I-9 or on the employee's work authorization document.

5. Improper Corrections. Using white-out, backdating corrections, or otherwise improperly altering I-9 forms. Correction Protocol. When an error is identified on a Form I-9, the proper correction procedure is as follows: draw a single line through the erroneous information so that the original entry remains legible; write the correct information adjacent to the correction; initial and date the correction. Never use w

1. Notify Calderwood & Harkness LLP (Megan Chu, Lead Associate) immediately upon receipt of the NOI.

2. Notify Rajesh Anand, Immigration Program Manager.

3. Notify Patricia Langford, General Counsel.

4. Do not provide any documents to the government until Calderwood & Harkness has reviewed the NOI and provided guidance.

5. Begin assembling the requested records for production within the three-business-day deadline. Time is of the essence in responding to an NOI. The three-business-day production deadline is strict, and failure to comply can result in additional penalties and an adverse inference that the employer's records are deficient. SECTION 6: MODULE 5 — E-VERIFY REQUIREMENTS 6.1 Overview of E-Verify E-Verify is an internet-bas

1. Case Creation. The employer creates a new E-Verify case by entering the employee's information from the completed Form I-9 into the E-Verify system. The information submitted includes the employee's name, date of birth, Social Security Number, citizenship status, and the details of the documents examined for the I-9.

2. Database Check. The E-Verify system checks the submitted information against DHS immigration records and SSA records to verify the employee's identity and employment authorization.

3. Case Results. The system returns one of the following results: • Employment Authorized: The employee's information matches government records, and the case is closed. No further action is required. • Tentative Nonconfirmation (TNC): The employee's information does not match DHS or SSA records. The employee must be notified and given the opportunity to contest the finding (see Section 6.3 below). • DHS or SSA Case

4. Photo Matching. For employees who present certain photo-bearing documents (e.g., Permanent Resident Card, Employment Authorization Document), the E-Verify system displays a photograph from government records. The employer must compare the displayed photograph to the physical document and to the employee to confirm a match. 6.3 Tentative Nonconfirmation (TNC) Procedures When E-Verify returns a Tentative Nonconfirma

1. Private Notification. The employee must be notified of the TNC in a private setting. The notification must be conducted in a manner that preserves the employee's dignity and confidentiality. The employer must provide the employee with the TNC Further Action Notice generated by E-Verify.

2. Employee Decision to Contest or Not Contest. The employee has the right to contest the TNC or to decline to contest. If the employee chooses to contest, they must sign the referral letter and contact the relevant agency (DHS or SSA, as indicated on the TNC notice) within eight (8) federal workdays to initiate the resolution process.

3. No Adverse Action During Pendency. The employer cannot take any adverse action against the employee — including termination, suspension, reduction in hours, or change in assignment — based on the TNC while the case is pending. The employee must be permitted to continue working under the same terms and conditions as before the TNC was issued.

4. Resolution. If the employee successfully resolves the TNC, E-Verify will issue an Employment Authorized result, and the case is closed. If the employee does not contest the TNC, or if the case results in a Final Nonconfirmation after the employee's attempt to contest is unsuccessful, the employer must terminate the employee's employment. 6.4 Coordination with Sentinel Background Verification Corp. OWS coordinates