Contract analysis

I. INTRODUCTION AND PURPOSE Calderwood & Harkness LLP ("C&H" or "Firm") serves as immigration counsel of record for Optiwave Semiconductor Corp. ("OWS" or "Petitioner") in connection with the above-referenced nonimmigrant worker petition. This representation was established pursuant to an engagement opened on May 20, 2025, and is tracked under Firm engagement reference SC-OWS-2025-0520-IMM. A signed Form G-28, Notice

II. PETITIONER BACKGROUND Optiwave Semiconductor Corp. ("OWS") is a Delaware corporation, originally incorporated on March 14, 2017, and duly qualified to do business in the states of California, Texas, and Oregon. OWS maintains its principal offices and corporate headquarters at 4820 Veltrano Parkway, Suite 300, San Jose, California 95134. The Petitioner's Federal Employer Identification Number ("FEIN") is 82-493107

III. BENEFICIARY SUMMARY The following information pertains to the Beneficiary on whose behalf the above-referenced petition was filed: Beneficiary Name: [FULL NAME] Current Immigration Status: [H-1B / O-1A / O-1B / F-1 OPT / F-1 STEM OPT / Other] Current or Most Recent I-94 Expiration Date: [DATE] Position Title at OWS: [JOB TITLE] Standard Occupational Classification (SOC) Code: [SOC CODE — e.g., 17-2072 (Electroni

IV. IDENTIFICATION OF RFE ISSUES The Petitioner acknowledges receipt of the Request for Evidence ("RFE") dated [RFE DATE], issued by the adjudicating officer at the [USCIS SERVICE CENTER NAME]. The RFE identifies certain issues and requests additional evidence with respect to the above-referenced petition. The Petitioner has carefully reviewed the RFE notice in its entirety and addresses each identified issue in this

V. SUMMARY OF RESPONSE AND ARGUMENT The Petitioner respectfully submits that the enclosed evidence and arguments fully address and resolve each issue raised in the RFE. The Petitioner has assembled comprehensive documentary evidence, expert analysis, and legal argumentation demonstrating that the petition satisfies all applicable statutory and regulatory requirements for the requested classification. The Petitioner r

VI. SUMMARY OF ENCLOSED EVIDENCE / EXHIBIT LIST In support of this response, Petitioner respectfully submits the following documentary evidence, organized by exhibit letter for the Officer's convenience. Each exhibit is tabbed and labeled accordingly. The Petitioner requests that the adjudicating officer review each exhibit in its entirety in conjunction with the arguments set forth in Section V above and in conjunct

VII. PETITIONER'S ATTESTATIONS In connection with this RFE response, Optiwave Semiconductor Corp., as the petitioning employer, hereby confirms and attests to the following:

1. Continued Offer of Employment. OWS continues to offer the Beneficiary the position described in the original petition — specifically, the position of [JOB TITLE] — and the terms, conditions, and duties of the proffered position remain as stated in the original petition and as further described in this RFE response and the supporting documentation enclosed herewith. The position remains a full-time position requiri

2. Prevailing Wage Compliance. The proffered annual wage of $[XXX,XXX] meets or exceeds the applicable prevailing wage for the proffered position under SOC Code [SOC CODE] at Wage Level [II/III/IV] in the [MSA NAME] metropolitan statistical area. The actual wage paid to the Beneficiary will be no less than the higher of the prevailing wage or the actual wage paid to similarly situated workers at OWS, in compliance wi

3. Terms and Conditions of Employment. All terms and conditions of employment — including the job title, job duties, worksite location, hours of work, and compensation — remain as stated in the petition and the certified LCA. To the extent any material changes have occurred, such changes have been or will be reflected in an amended petition or amended LCA filed with the appropriate federal agency.

4. Program Compliance. OWS will comply with all applicable requirements of the H-1B program (or O-1 program, as applicable) under the INA and implementing regulations, including but not limited to the maintenance of a public access file, proper posting or electronic notification requirements, and all recordkeeping obligations under 20 C.F.R. Part 655, Subpart H.

5. H-1B Non-Dependency Status. OWS confirms its status as an H-1B non-dependent employer. As of the date of this filing, OWS employs fourteen (14) workers in H-1B status out of a total workforce of approximately 340 full-time equivalent employees, representing approximately 4.12% of its workforce. This figure is well below the 15% statutory threshold established under INA § 212(n)(3)(A) for employers of 51 or more fu

6. E-Verify Enrollment. OWS is enrolled and participates in the E-Verify program operated by USCIS and the Department of Homeland Security. The company's E-Verify Company Identification Number is 1487623. OWS uses E-Verify to confirm the employment authorization of all newly hired employees, as required by law.

VIII. LEGAL AUTHORITY RESERVATION The Petitioner respectfully reserves the right to submit additional evidence, documentation, or legal arguments in support of this petition if requested by USCIS or if the Petitioner becomes aware of any additional information that may be relevant to the adjudication of this matter. Nothing in this response should be construed as a waiver of any right, privilege, or argument availabl

IX. CONCLUSION AND REQUEST FOR APPROVAL For all of the foregoing reasons, and based on the totality of the evidence submitted with the original petition and with this RFE response, the Petitioner respectfully submits that each issue raised in the Request for Evidence has been fully and comprehensively addressed. The Petitioner has demonstrated, through detailed documentary evidence, expert analysis, and legal argumen

1. Scope of Template. This template is designed for use across H-1B (initial, extension, transfer, and amendment petitions) and O-1 (O-1A Extraordinary Ability and O-1B Extraordinary Achievement) RFE responses for Optiwave Semiconductor Corp. The template's structure, petitioner background section, and attestation section are pre-populated with OWS-specific information that has been verified as of May 2025. Update em

2. Bracketed Placeholders. All bracketed placeholders (e.g., [BENEFICIARY FULL NAME], [RFE DATE], [SOC CODE], etc.) must be completed with case-specific information before filing. No bracketed text should remain in the final filed version of this letter. Conduct a final "Find" search for "[" and "]" characters before finalizing.

3. USCIS Service Center Selection. Ensure the correct USCIS Service Center is selected in the addressee block based on (a) the receipt number prefix on the RFE notice (WAC = California Service Center; EAC = Vermont Service Center; SRC = Texas Service Center) and (b) the mailing address specified on the face of the RFE notice. Do not assume the service center based solely on petition type.

4. Prior Counsel Transition. For petitions originally filed by Whitfield & Parekh LLP, confirm that a notice of appearance/substitution of counsel (Form G-28) has been filed with USCIS and that a copy of the filed G-28 is in the matter file. Include the optional paragraph in Section I noting the transition from prior counsel. If the substitution has not yet been filed, coordinate with Tanya Benavides (Paralegal) to p

5. Review and Approval Requirement. All RFE responses for OWS must be reviewed and approved by Dr. Lena Marchetti (Of Counsel, immigration subject matter expert) or Nathaniel Bower (Responsible Partner) before submission to USCIS. Associates should not file RFE responses without obtaining written sign-off from one of these supervising attorneys. Allow a minimum of three (3) business days for supervisory review before

6. Filing Logistics. Coordinate with Tanya Benavides (Paralegal) for all filing logistics, including assembly of the physical response package, service center mailing addresses, USPS Express Mail tracking, and/or USCIS online account submission. Ms. Benavides is also responsible for updating the OWS matter filing tracker and the firm's case management system upon submission.

7. Government Fees. RFE responses to already-filed petitions typically do not require additional government filing fees. However, confirm that no supplemental fees are required (e.g., if the response includes a request for amended petition processing or if a new I-907 premium processing request is being submitted). If the original I-907 premium processing fee has already been paid and the 15-business-day clock has ru

8. Billing and Estimated Attorney Time. Estimated attorney time for RFE responses ranges from approximately $3,000 to $7,500 per RFE depending on complexity, number of issues raised, and the extent of expert or third-party evidence required. Time is billed hourly at applicable rates: • Associates: $575/hr • Of Counsel: $750/hr • Partners: $895/hr • Paralegals: $295/hr Ensure that the estimated fee range has been comm

9. Filing and Recordkeeping. Upon completion, file a copy of the final response (including all exhibits) in both (a) the beneficiary-specific petition file and (b) the master OWS immigration matter file (SC-OWS-2025-0520-IMM). Retain a copy of the USPS tracking receipt or USCIS online submission confirmation in the matter file. Calendar any follow-up dates, including the premium processing adjudication deadline (if a