Contract analysis

Section 1: Petitioner Information The Petitioner, Optiwave Semiconductor Corp., is a Delaware corporation incorporated on March 14, 2017, and qualified to do business in the States of California, Texas, and Oregon. The Petitioner's Federal Employer Identification Number ("FEIN") is 82-4931076. Its North American Industry Classification System ("NAICS") Code is 334413 (Semiconductor and Related Device Manufacturing).

Section 2: Beneficiary Information The Beneficiary, Naveen Sharma, is a national and citizen of India. He is currently present in the United States in valid F-1 nonimmigrant status and is authorized for employment pursuant to Optional Practical Training ("OPT") under 8 CFR § 274a.12(c)(3)(i). Copies of the Beneficiary's passport biographical page, current F-1 OPT Employment Authorization Document ("EAD"), and electro

Section 3: Specialty Occupation Position Position Overview. The Petitioner seeks to employ the Beneficiary in the position of Photonics Process Engineer. This position is classified under Standard Occupational Classification ("SOC") Code 17-2199 (Engineers, All Other), and more specifically maps to the detailed occupation of Photonics Engineers (SOC 17-2199.08) as recognized by the O*NET occupational database maintai

Section 4: Prevailing Wage and Proffered Wage The Petitioner has obtained a certified Labor Condition Application ("LCA") through the U.S. Department of Labor's Foreign Labor Application Gateway ("FLAG") system, as required by INA § 212(n) and 20 CFR Part 655, Subpart H. A copy of the certified LCA (ETA Form 9035/9035E) is enclosed at Exhibit D. The prevailing wage for the proffered position was determined using the

Section 5: Premium Processing Request The Petitioner is concurrently filing Form I-907, Request for Premium Processing Service, together with the applicable premium processing fee of $2,805. A copy of Form I-907 and the corresponding fee payment are enclosed at Exhibit B. The Petitioner respectfully requests that USCIS adjudicate this petition within the fifteen (15) business-day premium processing timeframe establis

Section 6: Government Filing Fees Enclosed The following government filing fees are enclosed with this petition, each payable to the U.S. Department of Homeland Security and drawn on the account of Optiwave Semiconductor Corp.: With respect to the ACWIA fee, the Petitioner employs approximately 340 full-time equivalent employees, which exceeds the 25-employee threshold established by statute. Accordingly, the higher

Section 7: List of Enclosed Exhibits and Supporting Documentation The following exhibits are enclosed with this petition, organized by labeled tabs for the convenience of the adjudicating officer: Exhibit A: Form I-129, Petition for a Nonimmigrant Worker, with H-1B Classification Supplement (H-1B Data Collection and Filing Fee Exemption Supplement) Exhibit B: Form I-907, Request for Premium Processing Service, with p

Section 8: H-1B Non-Dependency Attestation The Petitioner hereby attests that Optiwave Semiconductor Corp. is not an H-1B dependent employer as that term is defined under INA § 212(n)(3)(A), 8 U.S.C. § 1182(n)(3)(A). As of the date of this filing, the Petitioner employs a total of approximately 340 full-time equivalent employees. Of these, 14 employees currently hold H-1B nonimmigrant status, representing approximate

Section 9: Worksite Information The Beneficiary will be employed at the following primary worksite: Optiwave Semiconductor Corp. — Corporate Headquarters 4820 Veltrano Parkway, Suite 300 San Jose, California 95134 Metropolitan Statistical Area: San Jose-Sunnyvale-Santa Clara, CA This location serves as the Petitioner's principal place of business and houses its primary photonic integrated circuit design, process deve

Section 10: Request for Approval Based on the foregoing and the totality of the evidence enclosed herewith, the Petitioner respectfully requests that USCIS approve the enclosed Form I-129 petition and classify Naveen Sharma as an H-1B nonimmigrant specialty occupation worker under INA § 101(a)(15)(H)(i)(b), effective October 1, 2025. Specifically, the Petitioner requests the following relief:

1. Approval of the Form I-129 petition and issuance of Form I-797, Notice of Action (Approval Notice), reflecting the Beneficiary's classification as an H-1B nonimmigrant worker for the validity period commencing October 1, 2025;

2. A change of the Beneficiary's nonimmigrant status from F-1 (Academic Student) to H-1B (Specialty Occupation Worker), effective October 1, 2025, the first day of Fiscal Year 2026; and

3. Authorization for the Beneficiary to commence employment with the Petitioner in the position of Photonics Process Engineer at the approved worksite upon the effective date of the approved petition. The enclosed evidence demonstrates that the proffered position meets the regulatory definition of a specialty occupation, the Beneficiary possesses the requisite academic qualifications and expertise to perform the duti

Section 11: Counsel Contact Information Should the adjudicating officer have any questions regarding this petition, require clarification with respect to any enclosed documentation, or issue a Request for Evidence ("RFE") or Notice of Intent to Deny ("NOID"), please do not hesitate to contact the undersigned directly: Megan Chu, Lead Associate Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles,