CALDERWOOD & HARKNESS LLP Attorneys at Law
555 California Street, 32nd Floor San Francisco, California 94104
Telephone: (415) 772-8400 Facsimile: (415) 772-8401 www.calderwoodharkness.com
February 22, 2024
Via USPS Express Mail & USCIS Online Filing (Duplicate)
Director, USCIS Texas Service Center 6046 N Belt Line Road Irving, TX 75038
Re: Form I-140, Immigrant Petition for Alien Worker
Petitioner: Lumos Analytics Inc. (EIN: 84-3291057)
Beneficiary: Rajan Mehta
Classification Sought: EB-2, Employment-Based Second Preference — Advanced Degree Professional (INA §203(b)(2))
SOC Code: 15-1252 (Software Developers)
Position: Vice President, Engineering — Core Platform
Approved PERM Labor Certification Case No.: A-23401-83756
Priority Date: December 18, 2023
Premium Processing Requested: Yes (Form I-907 enclosed)
C&H Matter No.: 1008-00004
[Handwritten annotation:] Receipt No. SRC-24-901-12340
Dear Sir or Madam:
I. Introduction and Purpose of Filing
This firm, Calderwood & Harkness LLP, serves as immigration counsel of record to Lumos Analytics Inc. ("Lumos," the "Company," or "Petitioner") in connection with the above-referenced petition and all related immigration matters. We submit this cover letter together with the enclosed Form I-140, Immigrant Petition for Alien Worker, filed on behalf of Lumos Analytics Inc. for the benefit of Rajan Mehta ("Mr. Mehta" or "Beneficiary") under the Employment-Based Second Preference — Advanced Degree Professional classification, pursuant to Section 203(b)(2) of the Immigration and Nationality Act ("INA"), 8 U.S.C. §1153(b)(2), and the implementing regulations at 8 C.F.R. §204.5(k).
By this petition, the Petitioner respectfully requests that United States Citizenship and Immigration Services ("USCIS") classify the Beneficiary as an advanced degree professional based upon his Master of Science degree in Computer Science conferred by the Indian Institute of Technology Bombay ("IIT Bombay") in 2014, which degree is the equivalent of an advanced degree conferred by an accredited United States institution of higher learning and exceeds the baccalaureate level.
This petition is supported by an approved permanent labor certification application (ETA Form 9089), PERM Case No. A-23401-83756, which was filed with the United States Department of Labor ("DOL") on December 18, 2023, and certified by the DOL's Atlanta National Processing Center on February 14, 2024. The priority date for this petition is accordingly December 18, 2023, corresponding to the date on which the PERM application was accepted for processing by the DOL.
Concurrent with this petition, the Petitioner is filing Form I-907, Request for Premium Processing Service, and the applicable premium processing fee of $2,500.00. The Petitioner respectfully requests that USCIS adjudicate this petition on a premium processing basis within the regulatory timeframe of fifteen (15) business days from the date of proper filing, in accordance with 8 C.F.R. §103.2(f) and the premium processing regulations.
The attorney of record for this matter is Derek Okonkwo, Lead Associate, Calderwood & Harkness LLP. The responsible supervising partner is Colette Whitman, Partner, Calderwood & Harkness LLP. A completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, is enclosed at Tab C.
II. Petitioner Information
Lumos Analytics Inc. is the petitioning employer and sponsor of the instant I-140 petition. The following information is provided regarding the Petitioner:
Full Legal Name: Lumos Analytics Inc.
Entity Type: C-Corporation, incorporated under the laws of the State of Delaware and qualified to do business in the State of California.
Employer Identification Number (EIN): 84-3291057
Principal Office and Beneficiary Worksite: 2240 Embarcadero Way, Suite 600, Palo Alto, California 94303
Delaware Registered Agent: Keystone Registered Agents LLC, 850 New Burton Road, Suite 201, Dover, Delaware 19904
Industry: Enterprise Software-as-a-Service ("SaaS") / Financial Technology ("Fintech"). Lumos develops and markets an AI-driven credit risk analytics and automated underwriting platform serving major financial institutions, consumer lenders, and fintech companies across the United States and internationally.
Year Founded: 2019
Annual Revenue (FY 2023): $87.4 million (audited)
Number of Employees: 312 full-time employees (as of June 30, 2023)
Chief Executive Officer: Priya Chandrasekaran
Principal Equity Sponsor: Ridgeline Equity Partners, LP, the lead investor in the Company's Series B financing round, holding approximately 38.2% of the Company's outstanding equity on a fully diluted basis.
Lumos Analytics Inc. is a well-established, venture-backed, and financially healthy enterprise SaaS company operating in the rapidly growing fintech sector. Since its founding in 2019, the Company has grown from a small team of engineers to a workforce of over 300 employees, and has achieved annual revenue of $87.4 million as of the most recent fiscal year. The Company's financial trajectory, institutional backing by Ridgeline Equity Partners, LP, and robust revenue base collectively demonstrate that Lumos is a bona fide, ongoing business enterprise with the demonstrated capacity and intent to pay the offered wage to the Beneficiary from the priority date onward and continuing through the date on which the Beneficiary obtains lawful permanent resident status.
Evidence of the Petitioner's corporate status, including a current Certificate of Good Standing from the State of Delaware, evidence of the Company's qualification to transact business in California, and EIN verification, is enclosed at Tab K.
III. Beneficiary Information
The following information is provided regarding the Beneficiary, Rajan Mehta:
Full Legal Name: Rajan Mehta
Country of Citizenship: India
Current Immigration Status: H-1B Nonimmigrant (Specialty Occupation Worker), valid through September 14, 2025
Position Offered: Vice President, Engineering — Core Platform
Offered Annual Salary: $285,000.00
Worksite Location: 2240 Embarcadero Way, Suite 600, Palo Alto, California 94303
Educational Background:
• Master of Science (M.S.) in Computer Science, Indian Institute of Technology Bombay, Mumbai, India (conferred 2014)
• Bachelor of Technology (B.Tech) in Computer Science, National Institute of Technology Trichy (NIT Trichy), Tiruchirappalli, India (conferred 2012)
Basis for EB-2 Classification: Mr. Mehta qualifies for classification under the EB-2 Advanced Degree Professional category because he holds a Master of Science degree in Computer Science from IIT Bombay, one of India's premier research universities. This Master's degree constitutes an advanced degree beyond the baccalaureate level, as that term is defined in INA §203(b)(2) and 8 C.F.R. §204.5(k)(2). A credential evaluation report confirming that Mr. Mehta's M.S. degree from IIT Bombay is the equivalent of a Master's degree conferred by an accredited United States college or university is enclosed at Tab H. The position of Vice President, Engineering — Core Platform requires a minimum of a Master's degree in Computer Science or a closely related field, and Mr. Mehta's educational qualifications therefore satisfy both the EB-2 statutory threshold and the specific educational requirements established on the certified PERM labor certification.
Mr. Mehta currently holds H-1B nonimmigrant status, which remains valid through September 14, 2025. A copy of the Beneficiary's most recent H-1B approval notice is enclosed at Tab J. Mr. Mehta has maintained continuous lawful immigration status throughout his residence in the United States.
IV. PERM Labor Certification Summary
The instant I-140 petition is supported by an approved permanent labor certification application, as required for EB-2 petitions filed under the labor certification pathway. The relevant PERM details are as follows:
Filing Date: December 18, 2023
PERM Case Number: A-23401-83756
Date Certified: February 14, 2024
Certifying Office: U.S. Department of Labor, Employment and Training Administration, Atlanta National Processing Center
Priority Date: December 18, 2023 (date of PERM filing acceptance)
The DOL's certification of the PERM labor certification application established, based on the results of the recruitment process conducted in accordance with 20 C.F.R. Part 656, that there are no qualified, willing, and available United States workers for the proffered position of Vice President, Engineering — Core Platform at the worksite location in Palo Alto, California. The recruitment efforts undertaken by the Petitioner in compliance with the PERM regulations included, among other steps, the placement of advertisements in newspapers of general circulation, a posting on the Company's website, a job order with the California Employment Development Department, and such other recruitment steps as required by the applicable regulations.
The Prevailing Wage Determination ("PWD") for this position was issued by the National Prevailing Wage Center ("NPWC") on September 8, 2023. The NPWC determined the prevailing wage for SOC Code 15-1252 (Software Developers) at Wage Level IV in the San Jose-Sunnyvale-Santa Clara, California Metropolitan Statistical Area (OES Area Code 41940) to be $198,744.00 per year. The offered salary of $285,000.00 per year exceeds the prevailing wage by $86,256.00, representing a premium of approximately 43.4% above the prevailing wage. A copy of the Prevailing Wage Determination is enclosed at Tab E.
The original certified PERM labor certification (ETA Form 9089) is enclosed at Tab D. We respectfully note that the original, signed, and certified ETA Form 9089 must accompany the I-140 petition, and we have enclosed the original document accordingly.
V. Position Requirements and Beneficiary Qualifications
The proffered position of Vice President, Engineering — Core Platform, as described in the certified PERM labor certification and the employer support letter, carries the following minimum requirements:
Minimum Education: Master's degree in Computer Science or a closely related field.
Minimum Experience: Five (5) years of progressive post-baccalaureate experience in software engineering, including a minimum of two (2) years of experience specifically in distributed systems architecture.
Special Requirements: Demonstrated experience with Apache Kafka, Kubernetes, and the design and implementation of microservices architectures at scale, including systems processing 100 million or more daily transactions.
Mr. Mehta's qualifications fully satisfy each of the above requirements, as follows:
Education. Mr. Mehta holds a Master of Science degree in Computer Science from the Indian Institute of Technology Bombay, conferred in 2014. IIT Bombay is consistently ranked among the top engineering and technology institutions in India and globally, and its graduate programs are widely recognized as comparable in rigor and quality to those offered by leading research universities in the United States. An independent credential evaluation report, prepared by a NACES-member evaluation service, confirms that Mr. Mehta's M.S. degree is the equivalent of a Master's degree in Computer Science conferred by an accredited U.S. institution. Accordingly, Mr. Mehta satisfies the minimum educational requirement for the proffered position. Supporting documentation is enclosed at Tab H.
Experience. Mr. Mehta possesses well in excess of five (5) years of progressive post-baccalaureate experience in software engineering. Following the completion of his Master's degree in 2014, Mr. Mehta has held positions of increasing responsibility and technical leadership at major technology companies and at Lumos Analytics Inc. His experience spans the full spectrum of software engineering disciplines, including backend systems design, platform architecture, data pipeline development, and engineering team leadership. Importantly, Mr. Mehta has accumulated more than two (2) years of focused experience in distributed systems architecture, having led the design and deployment of large-scale, fault-tolerant distributed computing systems in production environments serving millions of users. Mr. Mehta's complete professional history is documented in his resume/curriculum vitae, enclosed at Tab I.
Special Requirements. Mr. Mehta has extensive hands-on experience with Apache Kafka (for event streaming and real-time data processing), Kubernetes (for container orchestration and deployment at scale), and microservices architectures. Notably, in his current role at Lumos Analytics Inc., Mr. Mehta leads the Core Platform engineering team responsible for systems that routinely process in excess of 100 million daily transactions for the Company's enterprise clients. His prior professional experience includes similarly scaled systems. The Beneficiary's technical competencies in these areas are well documented in his resume and are further confirmed by the employer support letter enclosed at Tab F.
The proffered position therefore qualifies for the EB-2 Advanced Degree Professional classification, as the position requires a minimum of a Master's degree (an advanced degree), and Mr. Mehta holds such a degree. The Beneficiary is qualified for the position in all respects.
VI. Ability to Pay the Offered Wage
Lumos Analytics Inc. has the financial ability to pay the offered wage of $285,000.00 per year to Mr. Mehta from the priority date of December 18, 2023, and continuing until the Beneficiary obtains lawful permanent resident status, as required by 8 C.F.R. §204.5(g)(2).
The Petitioner's ability to pay the proffered wage is demonstrated by the following:
1. Annual Revenue. Lumos Analytics Inc. reported annual revenue of $87.4 million for fiscal year 2023. This substantial revenue base reflects the Company's strong market position and its capacity to sustain its current workforce, including the Beneficiary's offered salary.
2. Workforce Size. As of June 30, 2023, Lumos employed 312 full-time employees, reflecting a substantial and growing workforce that the Company has been able to support financially on an ongoing basis.
3. Financial Documentation. The enclosed corporate financial documentation, including the Company's federal tax returns and/or audited financial statements for the relevant tax year, demonstrates that Lumos possesses net income and/or net current assets sufficient to pay the Beneficiary's offered wage. These documents are enclosed at Tab G.
4. Employer Support Letter. The employer support letter, executed by Priya Chandrasekaran, Chief Executive Officer, and Sonia Elliston, Vice President of People Operations, confirms the bona fide nature of the job offer, the terms of employment (including the offered annual salary of $285,000.00), and the Company's financial ability and commitment to pay the offered wage. This letter is enclosed at Tab F.
Under the controlling regulations, a petitioner may establish ability to pay the proffered wage through evidence of net income, net current assets, or the beneficiary's actual wages if already employed by the petitioner. In this case, the evidence enclosed at Tabs F, G, and L satisfies the regulatory standard under any applicable method of proof. The Company's most recent quarterly wage report, enclosed at Tab L, further confirms that Mr. Mehta is currently employed by Lumos and is receiving compensation at or above the proffered wage level, providing additional evidence of the Company's ongoing ability to pay.
VII. Premium Processing Request
Form I-907, Request for Premium Processing Service, is enclosed at Tab B, together with the applicable premium processing fee of $2,500.00, payable by check to the U.S. Department of Homeland Security. Lumos Analytics Inc. respectfully requests that USCIS adjudicate this I-140 petition within the premium processing timeframe of fifteen (15) business days from the date of proper filing of the petition and the Form I-907, in accordance with 8 C.F.R. §103.2(f) and the applicable premium processing regulations. In the event USCIS is unable to render a decision within the premium processing period, the Petitioner requests issuance of an interim benefits notice or, alternatively, a refund of the premium processing fee, as provided by regulation.
VIII. List of Enclosed Documents
The following documents are enclosed with this filing, organized by tabbed exhibit for the convenience of the adjudicating officer:
Tab A: Form I-140, Immigrant Petition for Alien Worker, with filing fee of $700.00 (check payable to "U.S. Department of Homeland Security")
Tab B: Form I-907, Request for Premium Processing Service, with premium processing fee of $2,500.00 (check payable to "U.S. Department of Homeland Security")
Tab C: Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, executed by Derek Okonkwo, Lead Associate, Calderwood & Harkness LLP
Tab D: Certified PERM Labor Certification (ETA Form 9089), Case No. A-23401-83756, certified by the U.S. Department of Labor, Atlanta National Processing Center, on February 14, 2024; priority date: December 18, 2023 (original enclosed)
Tab E: Prevailing Wage Determination issued by the National Prevailing Wage Center for SOC Code 15-1252 (Software Developers), Wage Level IV, in the San Jose-Sunnyvale-Santa Clara, CA MSA (OES Area 41940); prevailing wage: $198,744.00 per year; issued September 8, 2023
Tab F: Employer Support Letter from Lumos Analytics Inc., executed by Priya Chandrasekaran, Chief Executive Officer, and Sonia Elliston, Vice President of People Operations, confirming the bona fide nature of the job offer, the position title and duties, the offered annual salary of $285,000.00, and the Company's ability to pay the offered wage
Tab G: Evidence of Ability to Pay the Proffered Wage — Lumos Analytics Inc. corporate financial documentation, including fiscal year 2023 annual revenue information ($87.4 million) and federal tax returns and/or audited financial statements for the relevant period(s)
Tab H: Beneficiary's Educational Credentials and Evaluations, including:
• Master of Science (M.S.) in Computer Science, Indian Institute of Technology Bombay (conferred 2014) — degree certificate and transcripts
• Bachelor of Technology (B.Tech) in Computer Science, National Institute of Technology Trichy (conferred 2012) — degree certificate and transcripts
• Independent credential evaluation report issued by a NACES-member evaluation agency, confirming that the Beneficiary's M.S. degree from IIT Bombay is the equivalent of a Master's degree in Computer Science from an accredited U.S. institution
Tab I: Beneficiary's Resume / Curriculum Vitae, documenting progressive post-baccalaureate professional experience in software engineering and distributed systems architecture
Tab J: Evidence of Beneficiary's Current Immigration Status — Copy of H-1B approval notice (I-797A), reflecting current H-1B status valid through September 14, 2025
Tab K: Evidence of Petitioner's Corporate Status, including:
• Certificate of Good Standing from the Delaware Secretary of State
• Evidence of qualification to transact business in the State of California
• EIN verification (IRS Letter 147C or equivalent)
Tab L: Copy of Petitioner's Most Recent Quarterly Wage Report (California DE-9C), supporting the Beneficiary's current employment with the Petitioner and his current salary level
IX. Conclusion and Request for Approval
Based on the foregoing discussion and the enclosed documentary evidence, Lumos Analytics Inc. respectfully requests that USCIS approve the instant Form I-140 petition and classify the Beneficiary, Rajan Mehta, as an EB-2 Advanced Degree Professional under INA §203(b)(2). All statutory and regulatory requirements for approval of this petition have been satisfied:
1. The petition is supported by an approved PERM labor certification (Case No. A-23401-83756), certified by the Department of Labor on February 14, 2024, establishing that no qualified, willing, and available U.S. workers exist for the proffered position;
2. The Beneficiary holds a Master of Science degree in Computer Science from IIT Bombay, qualifying him as an advanced degree professional under INA §203(b)(2) and 8 C.F.R. §204.5(k)(2);
3. The Beneficiary's education and professional experience meet or exceed all requirements set forth in the certified PERM labor certification, including the minimum educational and experiential qualifications and all special requirements;
4. The offered annual salary of $285,000.00 exceeds the certified prevailing wage of $198,744.00 by a margin of $86,256.00 (43.4%); and
5. The Petitioner has demonstrated its ability to pay the offered wage from the priority date forward, as evidenced by its substantial annual revenue, its financial documentation, and the employer support letter.
We respectfully request that any correspondence, notices, requests for additional evidence, or other communications relating to this petition be directed to counsel of record at:
Derek Okonkwo Calderwood & Harkness LLP 555 California Street, 32nd Floor San Francisco, California 94104 Telephone: (415) 772-8417
Email: dokonkwo@calderwoodharkness.com
We thank USCIS for its prompt attention to this petition and are available to provide any additional information or documentation that may be required in connection with the adjudication of this matter.
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
Derek Okonkwo Lead Associate Calderwood & Harkness LLP 555 California Street, 32nd Floor San Francisco, California 94104 Telephone: (415) 772-8417 Facsimile: (415) 772-8401
Email: dokonkwo@calderwoodharkness.com
C&H Matter No. 1008-00004
Supervised by: Colette Whitman, Partner Calderwood & Harkness LLP
cc:
Marcus Whitfield, General Counsel, Lumos Analytics Inc.
Janelle Kwon, HR Manager (Immigration Contact), Lumos Analytics Inc.
Colette Whitman, Partner, Calderwood & Harkness LLP
Elaine Forsythe, Billing Partner, Calderwood & Harkness LLP
Enclosures: As listed above (Tabs A through L)