Contract analysis

I. PURPOSE AND SCOPE This memorandum provides a comprehensive prevailing wage analysis and Labor Condition Application ("LCA") filing checklist for the five FY2026 H-1B cap-subject petitions to be filed on behalf of Optiwave Semiconductor Corp. ("OWS" or the "Company"), FEIN 82-4931076, a Delaware corporation headquartered at 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134. The memorandum is intended to serve as

1. Naveen Sharma — Photonics Process Engineer

2. Yuki Tanaka — Analog Design Engineer

3. Ekaterina Solovyova — Verification Engineer

4. Ahmed Hassan — Thermal Engineer

5. Min-Jun Lee — EDA Tools Developer All five candidates are currently maintaining F-1 Optional Practical Training ("OPT") status, and all are designated for placement at OWS's San Jose, California headquarters (Site A). Their requested H-1B start date is October 1, 2025, coinciding with the start of FY2026. The filing deadline for these cap-subject petitions is June 30, 2025, representing the 60-day filing window me

II. EMPLOYER PROFILE — OPTIWAVE SEMICONDUCTOR CORP. A. Company Overview Optiwave Semiconductor Corp. ("OWS") is a Delaware corporation organized on March 14, 2017, and qualified to do business in the States of California, Texas, and Oregon. The Company's Federal Employer Identification Number is 82-4931076. OWS is classified under North American Industry Classification System ("NAICS") Code 334413 — Semiconductor and

III. FY2026 H-1B CAP-SUBJECT SELECTED CANDIDATES — SUMMARY The following table presents a summary of the five beneficiaries selected in the FY2026 H-1B lottery, including their target positions, applicable SOC codes, proposed worksites, current immigration status, and lottery selection confirmation: The requested H-1B employment start date for all five candidates is October 1, 2025, the first day of federal fiscal ye

IV. SOC CODE MAPPING AND CLASSIFICATION ANALYSIS A. Methodology The assignment of Standard Occupational Classification ("SOC") codes to each beneficiary's position is a critical step in the LCA process, as the SOC code determines the applicable prevailing wage for the position in the designated MSA. The SOC code must accurately reflect the occupational classification of the position based on the duties performed, the

1. Primary Reference — DOL Standard Occupational Classification System: The SOC system, maintained by the Bureau of Labor Statistics ("BLS"), provides standardized definitions for each occupation. The SOC code assigned to each position is the code whose definition most closely matches the majority of the position's duties and responsibilities.

2. Cross-Reference — Occupational Outlook Handbook (OOH): The BLS Occupational Outlook Handbook provides detailed descriptions of occupations, including typical duties, education and training requirements, and median pay. These descriptions have been reviewed to confirm the appropriateness of each SOC assignment.

3. Cross-Reference — O*NET Occupational Profiles: The ONET database, maintained by the U.S. Department of Labor's Employment and Training Administration, provides detailed occupational data organized by SOC code. ONET profiles include task descriptions, knowledge areas, skills, and work activities that assist in distinguishing between closely related SOC codes.

4. Position-Specific Duty Analysis: Each position's duties, minimum educational requirements, and industry standards have been evaluated against the applicable SOC definition. Position descriptions were provided by OWS and reviewed by Calderwood & Harkness for accuracy and alignment with SOC classification requirements.

5. Employer Confirmation: Dr. Yun-Sheng Chen, Vice President of Engineering at OWS, has confirmed the technical scope and primary duties of each position for SOC mapping purposes. Dr. Chen's confirmation was obtained via email correspondence on May 22, 2025, and is retained in the engagement file. The SOC code assignments set forth below represent our best professional judgment regarding the most accurate classificat

1. SOC 17-2199 — Engineers, All Other Applied to: Naveen Sharma — Photonics Process Engineer SOC Definition: SOC 17-2199 encompasses "all engineers not listed separately" in the SOC system. It is a residual classification that captures engineering occupations that do not fit within the more specifically defined engineering categories (e.g., electrical engineering, mechanical engineering, chemical engineering, etc.).

2. SOC 17-2072 — Electronics Engineers, Except Computer Applied to: Yuki Tanaka — Analog Design Engineer; Ahmed Hassan — Thermal Engineer SOC Definition: SOC 17-2072 encompasses engineers who "research, design, develop, or test electronic components and systems for commercial, industrial, military, or scientific use employing knowledge of electronic theory and materials properties." This classification includes engin

3. SOC 15-1252 — Software Developers Applied to: Ekaterina Solovyova — Verification Engineer; Min-Jun Lee — EDA Tools Developer SOC Definition: SOC 15-1252 encompasses professionals who "research, design, and develop computer and network software or specialized utility programs." This includes individuals who "analyze user needs and develop software solutions, applying principles and techniques of computer science, e

V. PREVAILING WAGE ANALYSIS A. Data Source The prevailing wage data used in this analysis was obtained from the DOL Online Wage Library ("OWL"), which is based on the Bureau of Labor Statistics ("BLS") Occupational Employment and Wage Statistics ("OES") survey data. The OES survey is the data source used by DOL to set prevailing wages for LCA purposes, and the OWL is the authoritative online tool for retrieving preva

VI. GOVERNMENT FILING FEES — FY2026 H-1B CAP PETITIONS A. Fee Breakdown Per Petition The following table sets forth the government filing fees applicable to each FY2026 H-1B cap-subject petition. Fees are calculated based on OWS's employee headcount (340 FTEs) and the current USCIS fee schedule: Note: The fee table above reflects the $750 ACWIA fee as initially calculated. If the correct fee is $1,500, the total per

VII. LCA FILING CHECKLIST — DOL FLAG SYSTEM A. Pre-Filing Preparation The following checklist identifies the pre-filing tasks that must be completed before the LCAs can be submitted to the DOL FLAG (Foreign Labor Application Gateway) system. Each task is assigned to a responsible party with a target completion date. B. FLAG System Filing C. Number of LCAs Required Under DOL regulations, a single LCA may cover multipl

1. Each beneficiary has a uniquely associated LCA case number, simplifying tracking and correspondence with USCIS on the I-129 petition.

2. If an error is identified on one LCA (e.g., an incorrect wage rate or period of employment), only that single LCA needs to be withdrawn and refiled, rather than a combined LCA covering multiple workers.

3. The individual-LCA approach avoids potential confusion in the Public Access File regarding which LCA covers which beneficiary.

4. In the event of a future worksite change for one but not both workers on a combined LCA, the administrative impact is minimized. Recommendation: File five individual LCAs (one per candidate) for maximum administrative clarity and tracking efficiency. The marginal additional effort of filing two extra LCAs is minimal and is outweighed by the administrative benefits.

VIII. ELECTRONIC POSTING / NOTICE REQUIREMENTS A. Regulatory Basis Under 20 CFR § 655.734, an employer filing an LCA is required to provide notice of the filing to workers employed in the occupational classification at the place of employment. The purpose of this notice requirement is to inform current workers about the employer's intent to hire H-1B workers and to provide them with an opportunity to file complaints

1. The job title of the position(s) for which H-1B workers are being sought;

2. The number of H-1B workers sought;

3. The wages offered (base salary);

4. The period of employment (H-1B validity dates);

5. The worksite location(s) where the H-1B workers will be employed;

6. A statement that complaints may be filed with the Wage and Hour Division of the U.S. Department of Labor, including the address of the appropriate regional office. A template posting notice conforming to these requirements is provided at Appendix D to this memorandum. C. Posting Schedule — FY2026 Cap Petitions The following table sets forth the posting schedule for the FY2026 cap-subject LCA filings: Holiday Adjus

IX. PUBLIC ACCESS FILE (PAF) REQUIREMENTS A. Regulatory Basis Under 20 CFR § 655.760, an employer filing an LCA is required to maintain a Public Access File ("PAF") for each LCA at the employer's principal place of business or at the worksite. The PAF must be established within one working day after the date the LCA is filed with DOL. The PAF must be made available for public inspection upon request, and the employer

X. LCA AMENDMENT CONSIDERATIONS — WORKSITE CHANGES A. Matter of Simeio Solutions Compliance The Administrative Appeals Office ("AAO") decision in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), established that a new LCA and an amended H-1B petition (Form I-129) are required whenever an H-1B worker is placed at a new worksite not covered by the existing certified LCA, unless a regulatory exception applie

1. A new prevailing wage analysis must be conducted for the applicable SOC code in the new MSA.

2. A new LCA must be filed and certified through the DOL FLAG system, reflecting the new worksite address and MSA-specific prevailing wage.

3. An amended I-129 petition must be filed with USCIS, accompanied by the newly certified LCA, requesting approval of the worksite change.

4. The employer must complete a new electronic posting or physical posting at the new worksite for 10 consecutive business days.

5. A new or updated Public Access File must be established at the new worksite. Under OWS's current engagement letter with Calderwood & Harkness (dated April 15, 2025), the legal fee cap for each H-1B amendment filing is $3,500 per amendment, exclusive of government filing fees. OWS should be advised that worksite changes triggering Simeio Solutions obligations involve both legal fees and the I-129 amendment filing f

XI. COORDINATION WITH I-129 PETITION FILINGS A. Sequencing The filing of I-129 petitions with USCIS is the final step in the H-1B petition process and cannot occur until the underlying LCA has been certified by DOL. The sequencing of events is as follows:

1. LCA Submission to DOL FLAG System — Target: June 10, 2025

2. DOL Certification of LCA — Estimated: June 17–19, 2025 (5–7 business days after submission)

3. Review of Certified LCA for Accuracy — Upon receipt of certification

4. I-129 Petition Assembly and Quality Control — June 20–24, 2025

5. I-129 Petition Filing with USCIS — Target: June 25, 2025

6. Filing Deadline — June 30, 2025 (absolute deadline; no extensions available) This timeline provides a cushion of approximately five business days between the target I-129 filing date (June 25) and the filing deadline (June 30). This buffer accounts for potential delays in DOL certification, errors requiring LCA resubmission, or logistical issues with petition assembly and delivery. If DOL certification is delayed

XII. SUPPLEMENTAL NOTES — CAP-EXEMPT TRANSFER AND O-1 WAGE CONSIDERATIONS A. Cap-Exempt Transfers (Dr. Kenji Watanabe and Dr. Ingrid Halvorsen) In addition to the five FY2026 cap-subject petitions, OWS intends to file two cap-exempt H-1B transfer petitions later in 2025. These transfers involve the following beneficiaries: • Dr. Kenji Watanabe — currently holds H-1B status with a different employer (NanoLight Photoni

XIII. REFERENCE TABLES — OWS COMPENSATION LEVELS AND PREVAILING WAGE COMPARISON A. OWS Standard Compensation Bands (Immigration-Relevant Positions) The following table sets forth OWS's standard compensation bands for engineering positions at levels relevant to the Company's immigration filings. This information was provided by Samantha Kowalski (Director of HR) and is consistent with OWS's compensation philosophy, wh

XIV. ACTION ITEMS AND DEADLINES SUMMARY The following table consolidates all action items identified in this memorandum, organized chronologically by deadline. This table should be used as the primary tracking document for the engagement team throughout the LCA filing and I-129 petition preparation process. Additional follow-up action items (post-filing):

XV. ATTACHMENTS / APPENDICES The following appendices are attached to or referenced in this memorandum: Appendix A: DOL Online Wage Library Printouts Printouts from the DOL Online Wage Library for SOC 17-2199 (Engineers, All Other), SOC 17-2072 (Electronics Engineers, Except Computer), SOC 15-1252 (Software Developers), and SOC 15-1211 (Computer Systems Analysts) in the San Jose-Sunnyvale-Santa Clara, CA MSA (MSA Cod