Contract analysis

I. Introduction and Purpose of the Letter I, Dr. Yun-Sheng Chen, am the Vice President of Engineering of Optiwave Semiconductor Corp. ("OWS" or the "Company"). I submit this letter in support of the accompanying Form I-129, Petition for a Nonimmigrant Worker, seeking an extension of H-1B nonimmigrant classification and an extension of stay on behalf of [Full Legal Name] (the "Beneficiary"). I have personal knowledge

II. Description of the Petitioning Employer 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 Company maintains its principal place of business and headquarters at 4820 Veltrano Parkway, Suite 300, San Jose, California 95134. The Company's registered agent in the State of Delaware is Capitol Register

III. H-1B Non-Dependency Attestation OWS hereby attests that it is not an H-1B dependent employer as defined by Section 212(n)(3) of the INA and the implementing regulations at 20 C.F.R. § 655.736. As of the date of this letter, OWS currently employs fourteen (14) workers in H-1B nonimmigrant status out of a total workforce of approximately 340 full-time equivalent employees. This results in an H-1B workforce ratio o

IV. Beneficiary Information The Beneficiary's biographical and immigration information is as follows: • Full Legal Name: [Full Legal Name] • Date of Birth: [Date of Birth] • Country of Citizenship: [Country of Citizenship] • Current Immigration Status: H-1B Nonimmigrant • Current I-94 Admission Number / Expiration Date: [I-94 Number] / [I-94 Expiration Date] • Current H-1B Petition Approval (I-797 Notice of Action):

1. Takeshi Nakamura — Signal Integrity Engineer, SOC 17-2072, current H-1B expiration 05/31/2025. Extension petition filed 03/15/2025 under prior immigration counsel (Whitfield & Parekh LLP). EB-1B immigrant visa priority date: 09/10/2022.

2. Jae-Won Park — Analog IC Designer, SOC 17-2072, current H-1B expiration 03/31/2026. EB-2 immigrant visa priority date: 11/20/2023.

3. Arjun Krishnamurthy — Power Management IC Designer, SOC 17-2072, current H-1B expiration 11/30/2025. EB-2 immigrant visa priority date: 07/22/2023. PERM audit currently pending.

4. Chen Xiaoming — Reliability Engineer, SOC 17-2072, current H-1B expiration 08/14/2025 (extension must be filed no later than 06/15/2025 to ensure timely filing). EB-2 immigrant visa priority date: 04/05/2024.

5. Future extension needs for other H-1B holders as they arise.]

V. Continued Employment Verification OWS hereby confirms that the Beneficiary has been continuously employed by the Company in the position of [Job Title] since [Start Date of Current H-1B Validity Period], the commencement date of the Beneficiary's most recently approved H-1B validity period. The Beneficiary has been performing the duties of this position on a full-time basis throughout the current period of authori

VI. Position Description and Job Duties The specific details of the Beneficiary's position are as follows: • Job Title: [Job Title] • Department: [Engineering / Research & Development / Design / Test — as applicable] • Reports To: [Supervisor Name and Title — e.g., Dr. Yun-Sheng Chen, Vice President of Engineering] • Employment Type: Full-time; 40 or more hours per week • FLSA Classification: Exempt The Beneficiary i

VII. Specialty Occupation Qualification OWS confirms that the position of [Job Title] continues to satisfy the definition of a "specialty occupation" under Section 214(i)(1) of the INA and the implementing regulations at 8 C.F.R. § 214.2(h)(4)(ii). A specialty occupation is one that requires: (A) theoretical and practical application of a body of highly specialized knowledge; and (B) attainment of a bachelor's or hig

VIII. Beneficiary's Qualifications The Beneficiary possesses the educational credentials and professional experience necessary to perform the duties of the [Job Title] position. Specifically, the Beneficiary holds the following academic degrees: • [Degree — e.g., Master of Science] in [Field of Study — e.g., Electrical Engineering], [Institution Name — e.g., Stanford University], [Year of Graduation — e.g., 2018] • [

IX. Updated Wage Information and Prevailing Wage Compliance OWS is committed to full compliance with the wage requirements of the H-1B program as set forth in Section 212(n)(1)(A) of the INA and the implementing regulations at 20 C.F.R. § 655.731. The Company pays the Beneficiary a wage that meets or exceeds both the prevailing wage for the occupation in the area of intended employment and the actual wage paid by OWS

X. Worksite Confirmation The Beneficiary will perform services for OWS at the following primary worksite: Primary Worksite: [Applicable Worksite Address] OWS maintains the following facilities, each of which may serve as a worksite for H-1B beneficiaries: • Site A (Headquarters): 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134 — Located within the San Jose-Sunnyvale-Santa Clara, CA Metropolitan Statistical Area

XI. Basis for Extension Beyond Initial Three-Year Period The regulatory framework governing H-1B extensions permits the extension of an H-1B worker's authorized period of stay as follows: A. Standard Extension Within the Six-Year Maximum Pursuant to Section 214(g)(4) of the INA, H-1B nonimmigrant status may be authorized for an initial period of up to three years and may be extended in increments of up to three years

1. Takeshi Nakamura: EB-1B priority date 09/10/2022. Evaluate whether I-140 has been approved. If approved and visa number unavailable, use § 106(a). If PERM or I-140 filed more than 365 days ago and not denied, evaluate § 106(b) eligibility. Note that EB-1B petitions do not require PERM; § 106(b) eligibility depends on whether an I-140 was filed more than 365 days prior.

2. Jae-Won Park: EB-2 priority date 11/20/2023. PERM has been filed. Evaluate whether 365+ days have elapsed since PERM filing for § 106(b) eligibility.

3. Arjun Krishnamurthy: EB-2 priority date 07/22/2023. PERM audit is currently pending. 365+ days have elapsed since PERM filing date. § 106(b) eligibility should be available, as the PERM has not been denied (audit pending is not a denial).

4. Chen Xiaoming: EB-2 priority date 04/05/2024. Evaluate timing: if H-1B extension is filed in June 2025, 365 days from PERM filing would need to have elapsed (i.e., PERM must have been filed on or before the date that is 365 days prior to the requested extension start date). Verify PERM filing date and calculate accordingly.] Documentation supporting the Beneficiary's eligibility for an extension under AC21 § 106(a

XII. Company's Ability to Pay the Proffered Wage OWS hereby confirms that it has the financial ability to pay the proffered wage to the Beneficiary for the duration of the requested extension period. As noted above, OWS generated annual revenue of approximately $187.4 million for fiscal year 2024, as reflected in the Company's audited financial statements. These financial statements were prepared by Pendleton Account

XIII. Compliance History and Good Standing OWS has a strong record of compliance with H-1B program requirements and all applicable federal immigration laws and regulations. The Company has been the subject of two site visits conducted by USCIS Fraud Detection and National Security ("FDNS") personnel:

1. November 8, 2023 (San Jose, CA Headquarters): An FDNS officer conducted an unannounced site visit at OWS's San Jose headquarters. The visit included an inspection of the Beneficiary's workstation and work area, a review of the Company's Public Access File, and an interview with the Beneficiary's supervisor. The visit concluded with no adverse findings. The FDNS officer confirmed that the Beneficiary was working at

2. February 12, 2025 (San Jose, CA Headquarters): A second FDNS site visit was conducted at the San Jose headquarters. As with the prior visit, the FDNS officer verified the Beneficiary's employment, worksite, and compliance with the terms of the approved petition. The visit concluded with no adverse findings. Both site visits confirmed OWS's full compliance with H-1B program requirements, and OWS has received no not

XIV. Summary of Enclosed Documentation The following documents are enclosed with this Form I-129 petition in support of the Beneficiary's H-1B extension: • [ ] Form I-129, Petition for a Nonimmigrant Worker, with H-1B Data Collection and Filing Fee Exemption Supplement • [ ] Certified Labor Condition Application (LCA), Case Number [LCA Case Number] • [ ] Copy of prior I-797 Approval Notice (Receipt Number [Receipt Nu

XV. Conclusion and Attestation Based on the foregoing, OWS respectfully requests that USCIS approve this H-1B extension petition and grant the Beneficiary an extension of H-1B nonimmigrant status and an extension of stay for the requested validity period from [Start Date] through [End Date]. I, Dr. Yun-Sheng Chen, Vice President of Engineering of Optiwave Semiconductor Corp., hereby affirm that all statements made in

1. OWS will comply with all applicable H-1B program requirements, including the terms and conditions set forth in the certified Labor Condition Application filed in connection with this petition.

2. OWS will pay the Beneficiary the proffered wage, which meets or exceeds the applicable prevailing wage and the actual wage paid to similarly situated employees, for the duration of the H-1B validity period.

3. OWS will notify USCIS and the Beneficiary of any material changes in the terms and conditions of the Beneficiary's employment, including but not limited to changes in job duties, worksite, or compensation, and will file amended or new petitions as required by applicable regulations.

4. OWS will comply with its obligation under 8 C.F.R. § 214.2(h)(4)(iii)(E) to offer return transportation to the Beneficiary's last country of residence (or the Beneficiary's country of citizenship, at the Beneficiary's election) in the event that the Beneficiary's employment is terminated by OWS prior to the expiration of the H-1B validity period.

5. OWS will maintain all required records, including the Public Access File, throughout the H-1B validity period and for such additional period as required by applicable regulations. Thank you for your consideration of this petition. Should you require any additional information or documentation, please do not hesitate to contact our attorneys of record at Calderwood & Harkness LLP, as indicated below. Respectfully s

1. General Placeholder Replacement Replace all bracketed placeholders (e.g., [Full Legal Name], [Job Title], [Date], [Amount]) with beneficiary-specific information. Ensure consistency across all sections of the letter and cross-reference against the Form I-129, the LCA, and the I-797 Approval Notice to confirm accuracy.

2. SOC Code and Prevailing Wage Selection Select the applicable SOC code from the following options based on the beneficiary's specific job title and duties: • SOC 17-2072 — Electronics Engineers, Except Computer (applicable to Signal Integrity Engineers, Analog IC Designers, Power Management IC Designers, Reliability Engineers) • SOC 15-1252 — Software Developers (applicable to firmware or software-focused engineers

3. Job Duties and Accomplishments Obtain beneficiary-specific job duty descriptions and accomplishment summaries from the hiring manager or Dr. Yun-Sheng Chen, VP of Engineering. Ensure that duty descriptions are sufficiently detailed and include percentage allocations totaling 100%. Accomplishments should be specific, quantifiable where possible, and relevant to the specialty occupation analysis.

4. Worksite and MSA Selection Select the applicable primary worksite from the three OWS facilities (San Jose, Austin, or Portland) based on the beneficiary's actual work location. Ensure that the MSA listed in the letter matches the MSA on the certified LCA.

5. Extension Type Determination (Standard vs. Seventh-Year) Determine whether the beneficiary is seeking a standard extension within the six-year H-1B cap or a seventh-year extension under AC21 § 106(a) or § 106(b). Customize Section XI accordingly: • Standard Extension (within 6-year cap): Include Section XI.A only. Remove Section XI.B. • Seventh-Year Extension under AC21 § 106(a): Include both Section XI.A and Sect

6. LCA Compliance Attach the certified LCA for the extension period. Confirm that: • The LCA was certified by the DOL prior to the filing of the I-129 petition. • The LCA covers the correct SOC code, wage level, worksite MSA, and validity period. • Electronic posting of the LCA on the OWS intranet was completed for 10 consecutive business days, and documentation of the posting has been retained for the Public Access

7. Prevailing Wage Compliance Verification Confirm that the beneficiary's total annual compensation (base salary + RSU/equity) meets or exceeds both the prevailing wage for the applicable SOC code and wage level in the applicable MSA and the actual wage paid to similarly situated OWS employees. Use the most recent DOL OES data available at the time of filing.

8. Internal Coordination • Rajesh Anand, Immigration Program Manager (OWS): Coordinate with Rajesh for beneficiary documentation, including current I-94, passport copies, I-797 approval notices, and educational credentials. Rajesh maintains the master immigration tracker for all OWS H-1B employees. • Pendleton Accounting Group LLP (Marcus Hensley, CPA): Contact Marcus Hensley if updated or supplemental financial docu

9. PERM/I-140 Status Review For seventh-year extension cases, review the PERM Case Status Summary & Strategy Memorandum maintained by Calderwood & Harkness (file reference: SC-OWS-2025-PERM-STATUS) to confirm the current status of each beneficiary's PERM labor certification and I-140 petition. Ensure that the information in Section XI is consistent with the most current case status.

10. Public Access File Update Ensure that the Public Access File at the applicable worksite is updated prior to filing to include the new certified LCA and all other required documentation. Coordinate with Rajesh Anand to confirm completion.

11. Final Review Checklist Before finalizing and submitting any petition using this template: • [ ] All bracketed placeholders have been replaced with beneficiary-specific information. • [ ] This Appendix has been removed from the version submitted to USCIS. • [ ] The letter has been printed on OWS letterhead and signed by Dr. Yun-Sheng Chen. • [ ] The SOC code, prevailing wage, worksite MSA, and LCA information are