PRIVILEGED AND CONFIDENTIAL — ATTORNEY WORK PRODUCT Prepared by Calderwood & Harkness LLP for Optiwave Semiconductor Corp. This document is protected by the attorney-client privilege and the work product doctrine. Any unauthorized disclosure, copying, or distribution is strictly prohibited.
EMPLOYEE IMMIGRATION STATUS TRACKING POLICY
Optiwave Semiconductor Corp. 4820 Veltrano Parkway, Suite 300 San Jose, CA 95134
Confidentiality Notice: This document constitutes privileged and confidential attorney work product prepared by Calderwood & Harkness LLP exclusively for Optiwave Semiconductor Corp. in connection with Engagement Reference SC-OWS-2025-0520-IMM. This document contains confidential legal advice, strategic recommendations, and sensitive employee information. It is not intended for distribution to, or use by, any third party without the prior written consent of both Calderwood & Harkness LLP and Optiwave Semiconductor Corp. Receipt of this document by any unintended party does not constitute waiver of any applicable privilege.
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SECTION 1: PURPOSE AND SCOPE
1.1 Purpose
The purpose of this Employee Immigration Status Tracking Policy (the "Policy") is to establish standardized procedures for monitoring, tracking, and managing the immigration statuses and critical filing deadlines for all foreign national employees and prospective candidates of Optiwave Semiconductor Corp. ("OWS" or the "Company"). The semiconductor industry's reliance on highly specialized global talent—particularly in the fields of photonics, integrated circuit design, and advanced packaging—makes it imperative that OWS maintain a rigorous, systematic approach to immigration program management.
This Policy is designed to accomplish the following objectives:
1.  Ensure Timely Filings. Establish clear protocols and automated alert mechanisms so that all visa petitions, extensions, amendments, and transfers are filed within the applicable regulatory windows, thereby maintaining uninterrupted, lawful employment authorization for each foreign national employee.
2.  Mitigate Risk of Status Lapses and Unauthorized Employment. Prevent any circumstance in which a foreign national employee continues working for OWS without valid employment authorization, which would expose both the employee and the Company to serious legal consequences, including but not limited to monetary penalties, debarment from future visa sponsorship, and potential criminal liability.
3.  Support Regulatory Compliance. Ensure that OWS meets all obligations imposed by the United States Citizenship and Immigration Services ("USCIS"), the U.S. Department of Labor ("DOL"), the U.S. Department of State ("DOS"), and other relevant federal agencies with respect to the employment of foreign national workers, including compliance with the Immigration and Nationality Act ("INA"), applicable regulations codified at 8 C.F.R. Parts 204, 212, and 214, and DOL regulations at 20 C.F.R. Parts 655 and 656.
4.  Provide Structured Reporting. Create a framework for regular, structured reporting to OWS management—including the General Counsel, the Director of Human Resources, and the Chief Executive Officer—as well as to outside immigration counsel, Calderwood & Harkness LLP, to ensure transparency and accountability in the immigration program.
5.  Facilitate Strategic Workforce Planning. By maintaining accurate and up-to-date immigration status information, enable OWS to make informed hiring and retention decisions, plan for future visa sponsorship needs, and evaluate alternative immigration pathways where appropriate.
6.  Preserve the Company's Reputation and Operational Continuity. Protect OWS's ability to retain key engineering and scientific personnel whose work is essential to the Company's competitive position in photonic integrated circuit ("PIC") technology and related semiconductor markets, and to satisfy any inquiries from investors, customers, or government agencies regarding the Company's immigration compliance posture.
1.2 Scope
This Policy applies broadly to the following categories of individuals and activities:
Current Visa Holders. This Policy covers all eighteen (18) individuals currently employed by OWS whose continued employment authorization is dependent upon an active nonimmigrant visa classification. As of the date of adoption, this population includes fourteen (14) employees holding H-1B specialty occupation visas, three (3) employees holding O-1A extraordinary ability visas in the sciences and engineering, and one (1) employee holding an O-1B extraordinary achievement visa in the arts.
FY2026 Pipeline Candidates. This Policy also applies to twelve (12) individuals currently in the FY2026 pipeline for visa sponsorship. Of these, nine (9) are H-1B cap-subject candidates (five selected in the FY2026 lottery and four not selected), two (2) are H-1B cap-exempt transfer candidates, and one (1) is a prospective O-1A beneficiary.
Future Foreign National Hires. This Policy applies to any individual hired by OWS in the future whose employment authorization is visa-dependent, regardless of the specific nonimmigrant or immigrant classification involved. Upon the hiring of any new foreign national employee, the Immigration Program Manager shall immediately integrate that individual into the tracking systems established by this Policy.
Geographic Scope. This Policy covers all OWS worksites, including:
•  Site A — San Jose, California: 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134 (principal office and primary worksite for the majority of visa-dependent employees);
•  Site B — Austin, Texas: 7600 Spectrum Drive, Building 4, Austin, TX 78729 (secondary engineering facility);
•  Site C — Portland, Oregon: 1425 Northwest Couch Street, Suite 200, Portland, OR 97209 (packaging and test laboratory); and
•  Remote Employees: Any visa-dependent employee authorized to perform work from a remote location, subject to applicable LCA and worksite compliance requirements.
Visa Classifications Covered. This Policy encompasses the following nonimmigrant and immigrant visa classifications as they are applicable to current or future OWS employees:
•  H-1B (Specialty Occupation)
•  O-1A (Extraordinary Ability in Sciences, Education, Business, or Athletics)
•  O-1B (Extraordinary Achievement in the Arts)
•  F-1 OPT (Optional Practical Training) and F-1 STEM OPT (STEM Extension of OPT), as applicable to pipeline candidates
•  Any other nonimmigrant classification that may become relevant to OWS employees (e.g., TN, E-2, L-1)
•  PERM labor certification and related immigrant visa classifications, including EB-1B (Outstanding Researcher), EB-2 (Advanced Degree Professional), and EB-3 (Skilled Worker)
PERM and Green Card Processing. This Policy encompasses the tracking of seven (7) pending or approved PERM labor certification cases—six (6) in the EB-2 category and one (1) in the EB-3 category—as well as one (1) EB-1B outstanding researcher petition. All such cases are tracked concurrently with the respective beneficiary's nonimmigrant status to ensure continuity of authorization and to identify eligibility for seventh-year H-1B extensions and other benefits dependent upon the green card process.
1.3 Policy Authority
This Policy is adopted by OWS management upon the recommendation of outside immigration counsel, Calderwood & Harkness LLP, and is authorized by the following individuals:
•  Patricia Langford, General Counsel, Optiwave Semiconductor Corp., who bears overall legal responsibility for the Company's immigration compliance program and serves as the primary client contact for Calderwood & Harkness LLP;
•  Samantha Kowalski, Director of Human Resources, Optiwave Semiconductor Corp., who oversees the day-to-day human resources functions that intersect with immigration compliance, including Form I-9 verification, E-Verify enrollment, and employee onboarding and separation procedures.
The executive sponsor of this Policy is Arvind Velathan, Chief Executive Officer, Optiwave Semiconductor Corp. Mr. Subramanian's sponsorship reflects the Company's recognition that its immigration program is a strategic priority essential to attracting and retaining the world-class engineering talent upon which OWS's competitive position depends.
This Policy supersedes any prior informal immigration tracking practices or procedures in effect at OWS. To the extent that any provision of this Policy conflicts with applicable federal law or regulation, the requirements of federal law and regulation shall control.
SECTION 2: KEY DEFINITIONS
For purposes of this Policy, the following terms shall have the meanings set forth below. These definitions are intended to provide clarity and consistency in the application of this Policy and should be construed in a manner consistent with the Immigration and Nationality Act, the Code of Federal Regulations, and applicable USCIS guidance.
"Beneficiary" means a foreign national employee or prospective employee of OWS for whom the Company sponsors, intends to sponsor, or has previously sponsored an immigration petition or application, including but not limited to petitions filed on Form I-129 (Petition for a Nonimmigrant Worker), Form I-140 (Immigrant Petition for Alien Workers), or applications for PERM labor certification. The term includes both current employees and pipeline candidates identified for future sponsorship.
"Visa Expiry Date" means the end date of the approved petition validity period as reflected on the beneficiary's Form I-797 Approval Notice issued by USCIS and/or the beneficiary's I-94 arrival/departure record, whichever is applicable. Where the I-797 validity period and the I-94 record reflect different dates, the I-94 expiry date shall generally govern the period of authorized stay. The Immigration Program Manager shall track both dates and flag any discrepancies for review by outside counsel.
"Extension Filing Window" means the period during which an extension petition may be filed with USCIS, beginning up to one hundred eighty (180) calendar days (six months) before the current petition expiry date, as permitted under applicable USCIS regulations and guidance.
"240-Day Automatic Extension" means the period of continued employment authorization available pursuant to 8 C.F.R. § 214.2(h)(2)(i)(H), which permits an H-1B beneficiary to continue employment with the petitioning employer for up to two hundred forty (240) days beyond the expiration of the beneficiary's authorized period of stay, provided that a timely and non-frivolous extension petition was filed before the expiration of the I-94 record. This provision is critical for employees whose extension petitions remain pending at the time their current authorization expires.
"AC21 Portability" means the provisions of INA § 214(n), as amended by the American Competitiveness in the Twenty-First Century Act of 2000 ("AC21"), which permit an H-1B worker to begin employment with a new petitioning employer upon the filing of an H-1B transfer petition (Form I-129) by the new employer, without the need to wait for USCIS approval of the petition. This provision is relevant to the onboarding of H-1B transfer candidates and to employees who may change employers while their petitions are pending.
"Immigration Program Manager" means the individual at OWS designated with primary day-to-day responsibility for immigration status tracking, deadline management, and coordination with outside counsel and third-party vendors. As of the date of adoption of this Policy, the Immigration Program Manager is Rajesh Anand. The Immigration Program Manager reports to the Director of Human Resources and works closely with the General Counsel on all immigration-related matters.
"PERM" means Program Electronic Review Management, the DOL process for labor certification under 20 C.F.R. Part 656, which is a prerequisite for most categories of employer-sponsored permanent residence (commonly referred to as a "green card"). PERM requires the employer to demonstrate, through a prescribed recruitment process, that there are no qualified, willing, and available U.S. workers for the position offered to the foreign national beneficiary.
"LCA" means Labor Condition Application, the DOL-certified application filed on Form ETA-9035/9035E that is required before an H-1B petition may be filed with USCIS. The LCA contains the employer's attestations regarding prevailing wage compliance, working conditions, notice to employees, and non-displacement of U.S. workers, as set forth at 20 C.F.R. Part 655, Subpart H.
"PAF" means Public Access File, the collection of documents that the employer is required to maintain at each worksite where H-1B workers are employed, in accordance with 20 C.F.R. § 655.760. The PAF must contain copies of the certified LCA, prevailing wage documentation, evidence of the actual wage paid to the H-1B worker, and other documents specified by regulation. The PAF must be made available for public inspection within one (1) business day of a request.
"RFE" means Request for Evidence, a written communication from USCIS requesting additional documentation or information in support of a pending petition or application. RFEs typically carry a response deadline of thirty (30), sixty (60), or eighty-seven (87) days, depending on the nature of the request and the type of petition. Failure to respond to an RFE within the prescribed deadline may result in denial of the petition.
"FDNS" means the Fraud Detection and National Security Directorate, the USCIS unit responsible for conducting compliance reviews and site visits at employer locations to verify the accuracy of information submitted in visa petitions. FDNS site visits are typically unannounced and may involve interviews with the beneficiary, the petitioner's representative, and co-workers, as well as inspection of the beneficiary's worksite and job duties.
SECTION 3: ROLES AND RESPONSIBILITIES
Effective immigration program management requires clear delineation of roles, responsibilities, and communication protocols among all stakeholders. This Section identifies the key personnel and entities involved in OWS's immigration program and establishes their respective obligations under this Policy.
3.1 Immigration Program Manager — Rajesh Anand
The Immigration Program Manager serves as the central point of coordination for all immigration status tracking, deadline management, and internal communications related to the Company's foreign national workforce. Rajesh Anand is designated as the Immigration Program Manager as of the date of this Policy. His responsibilities include, but are not limited to, the following:
1.  Primary Point of Contact. Serve as the primary internal point of contact for all matters relating to the immigration status of OWS's foreign national employees and pipeline candidates. All inquiries, notifications, and communications regarding immigration status—whether from employees, hiring managers, or external parties—shall be directed to the Immigration Program Manager in the first instance.
2.  Database Maintenance. Establish and maintain the master Immigration Status Tracking Database as described in Section 5 of this Policy. The Immigration Program Manager is responsible for ensuring that the database is accurate, current, and complete at all times, and that all required data fields are populated for each beneficiary.
3.  Deadline Monitoring and Alert Generation. Monitor all visa expiry dates, filing deadlines, and processing milestones for each beneficiary in accordance with the alert schedule set forth in Section 6.1 of this Policy. The Immigration Program Manager shall generate and distribute automated alerts to the relevant stakeholders at each trigger point and shall personally verify that appropriate action has been initiated in response to each alert.
4.  Coordination with Outside Counsel. Serve as the primary operational liaison to Calderwood & Harkness LLP for day-to-day immigration matters. The Immigration Program Manager's primary contacts at Calderwood & Harkness are Megan Chu, Lead Associate, and Tanya Benavides, Paralegal. The Immigration Program Manager shall transmit all petition-related documents, employee information, and supporting evidence to outside counsel in a timely manner and shall follow up on the status of pending filings, RFE responses, and government processing.
5.  Receipt and Logging of Government Correspondence. Receive, log, and distribute all USCIS receipt notices (Form I-797C), approval notices (Form I-797A), RFEs, Notices of Intent to Deny ("NOIDs"), denial notices, and any other government correspondence relating to OWS-sponsored immigration cases. Copies of all such correspondence shall be provided to Calderwood & Harkness LLP within two (2) business days of receipt.
6.  Initiation of Extension and Amendment Processes. Initiate extension, amendment, and transfer petition processes in coordination with outside counsel within the required filing windows established by this Policy. The Immigration Program Manager shall not wait for automated alerts alone but shall proactively review upcoming deadlines on a monthly basis.
7.  Quarterly Reporting. Prepare and distribute quarterly status reports to OWS management in the format and with the content specified in Section 9 of this Policy.
8.  FDNS Site Visit Response. Serve as the first point of contact for FDNS site visit notifications, in coordination with Samantha Kowalski, Director of Human Resources. Upon learning of a scheduled or unannounced site visit, the Immigration Program Manager shall immediately notify Calderwood & Harkness LLP and implement the Company's FDNS Site Visit Preparedness Guide & Protocol.
3.2 Director of Human Resources — Samantha Kowalski
The Director of Human Resources is responsible for overseeing the human resources functions that intersect with immigration compliance. Samantha Kowalski's responsibilities under this Policy include, but are not limited to, the following:
1.  I-9 Compliance and E-Verify. Oversee the completion, verification, and retention of Form I-9 (Employment Eligibility Verification) for all new hires, including visa-dependent employees, in coordination with Sentinel Background Verification Corp. (Account Lead: Tyler Ng). Ensure that all I-9 forms are completed within three (3) business days of the employee's start date, as required by 8 C.F.R. § 274a.2(b)(1)(ii). Oversee E-Verify case creation for all new hires through the Company's E-Verify account (Company ID: 1487623).
2.  Notification of Personnel Changes. Notify the Immigration Program Manager of all new hires, terminations, resignations, and leaves of absence involving visa-dependent employees within one (1) business day of the event or, in the case of new hires, as soon as an offer has been accepted and a start date confirmed. This notification obligation extends to all voluntary and involuntary separations, regardless of the circumstances.
3.  FDNS Site Visit Coordination. Serve as the primary designated contact for FDNS site visits at all OWS worksites. In the event of an unannounced site visit, the Director of Human Resources shall greet the FDNS officer, verify identification, and facilitate the visit in accordance with the Company's FDNS Site Visit Preparedness Guide & Protocol. The secondary contact for FDNS visits is Rajesh Anand, Immigration Program Manager.
4.  Worksite Change Approvals. Approve all worksite change requests for visa-dependent employees and route such requests to the Immigration Program Manager and outside counsel for LCA amendment evaluation before the change takes effect.
5.  Training and Awareness. Ensure that all hiring managers and supervisors with responsibility for visa-dependent employees receive annual immigration compliance training as described in Section 11.1 of this Policy.
3.3 VP of Engineering — Dr. Yun-Sheng Chen
As the senior technical leader responsible for OWS's engineering workforce, the VP of Engineering plays a critical role in supporting the immigration program. Dr. Yun-Sheng Chen's responsibilities under this Policy include, but are not limited to, the following:
1.  Hiring Manager Attestations. Provide hiring manager attestations, technical support letters, expert opinion letters, and other documentation required for visa petition filings, including detailed descriptions of the beneficiary's job duties, the specialty nature of the position, and the beneficiary's qualifications.
2.  Notification of Material Changes. Promptly notify the Immigration Program Manager and the Director of Human Resources of any proposed or actual changes to the job duties, reporting structure, worksite assignment, or compensation of any visa-dependent employee. Such notification must occur before the change takes effect to allow for evaluation of whether an amended or new visa petition is required.
3.  Pipeline Identification. Identify prospective pipeline candidates for future visa sponsorship and communicate anticipated hiring plans to the Immigration Program Manager and Director of Human Resources with sufficient advance notice to permit timely initiation of the visa sponsorship process.
4.  Technical Expertise. Serve as a resource for outside counsel in preparing petition materials that require detailed technical descriptions of OWS's products, technology, and the specialized nature of the roles performed by visa-dependent employees.
3.4 General Counsel — Patricia Langford
The General Counsel provides overall legal oversight of the immigration program and serves as the senior legal authority within OWS on immigration compliance matters. Patricia Langford's responsibilities under this Policy include, but are not limited to, the following:
1.  Legal Oversight. Provide overall legal oversight of the Company's immigration program, including review of compliance audit findings, escalated matters, and any issues that present significant legal risk to the Company.
2.  Primary Client Contact for Outside Counsel. Serve as the primary client contact for Calderwood & Harkness LLP under Engagement Reference SC-OWS-2025-0520-IMM. All matters requiring strategic legal judgment, significant financial expenditure, or involvement of senior management shall be escalated to the General Counsel.
3.  Policy Governance. Review and approve all updates, amendments, and revisions to this Policy and related immigration compliance procedures. No material change to this Policy shall take effect without the written approval of the General Counsel.
4.  Investor and Board Liaison. As necessary and appropriate, serve as the liaison to Crestline Ventures Fund IV, LP—the majority shareholder of OWS, holding 62.4% equity, with Managing Partner Howard Driscoll—on immigration program matters that may be of interest or concern to the Company's investors or board of directors, including matters relating to compliance risk, regulatory developments, or the retention of key technical personnel.
5.  Emergency Escalation. Receive and act upon emergency escalation alerts as described in Section 6.1 of this Policy, particularly in circumstances where a beneficiary's authorized period of stay is within thirty (30) days of expiration and no extension or change of status petition has been filed.
3.5 Outside Immigration Counsel — Calderwood & Harkness LLP
Calderwood & Harkness LLP serves as OWS's outside immigration counsel under Engagement Reference SC-OWS-2025-0520-IMM. The firm is responsible for providing comprehensive immigration legal services to OWS. The Calderwood & Harkness team assigned to this engagement consists of the following individuals:
•  Nathaniel Bower, Partner — Engagement oversight and senior strategic counsel
•  Colette Whitman, Partner — Financial oversight and billing management
•  Megan Chu, Lead Associate — Day-to-day petition preparation, compliance advisory, and client communications
•  Derek Okonkwo, Working Associate — Petition preparation, legal research, and regulatory analysis
•  Dr. Lena Marchetti, Of Counsel — Immigration subject matter expertise, complex case strategy, and policy development
•  Tanya Benavides, Paralegal — Filing logistics, PAF maintenance, document management, and deadline tracking
Calderwood & Harkness LLP's responsibilities under this Policy include, but are not limited to, the following:
1.  Petition Preparation and Filing. Prepare and file all visa petitions (Forms I-129, I-140), LCAs (Form ETA-9035), PERM labor certifications (Form ETA-9089), and related government correspondence on behalf of OWS, in accordance with the deadlines and filing strategies established in coordination with the Immigration Program Manager and General Counsel.
2.  Compliance Advisory. Advise OWS on filing strategies, compliance best practices, and regulatory changes affecting the Company's immigration program. This includes monitoring USCIS policy memoranda, DOL guidance, federal register notices, and relevant judicial and administrative decisions.
3.  Quarterly Status Reports. Prepare and deliver quarterly written status reports to OWS in the format and with the content specified in Section 9.1 of this Policy.
4.  Processing Time Monitoring. Monitor USCIS processing times at applicable service centers and advise OWS on the advisability of premium processing (Form I-907) where available and strategically appropriate.
5.  Government Fee Tracking. Monitor changes to USCIS filing fees, DOL processing fees, and other government charges, and provide advance notice to OWS of any fee increases that may affect the Company's immigration budget.
6.  RFE and NOID Response. Prepare and file responses to RFEs, NOIDs, and other government inquiries on pending petitions within the applicable deadlines.
7.  PAF Maintenance Support. Assist OWS in maintaining compliant PAFs at each worksite, including preparation of PAF-required documentation in connection with each LCA filing.
3.6 Individual Beneficiaries (Foreign National Employees)
Each foreign national employee of OWS whose employment authorization is visa-dependent bears personal responsibility for cooperating with the Company's immigration program and for maintaining awareness of his or her own immigration status. The obligations of individual beneficiaries under this Policy include, but are not limited to, the following:
1.  Prompt Notification of Changes. Promptly notify the Immigration Program Manager of any changes in personal circumstances that may affect immigration status, including but not limited to marriage, divorce, birth or adoption of a child, change of residential address, international travel plans, receipt of visa approvals or denials from other petitioners, and any communication received directly from USCIS, DOL, or the Department of State.
2.  Travel Document Maintenance. Maintain valid travel documents at all times, including a passport with a validity period of at least six (6) months beyond the end of the beneficiary's current authorized period of stay.
3.  Cooperation with Information Requests. Cooperate fully and promptly with all information requests and documentation needs arising from petition preparation, extension filings, and RFE responses. Delays in providing requested information may jeopardize the timely filing of petitions and may result in a lapse of employment authorization.
4.  Compliance with Petition Terms. Refrain from engaging in any unauthorized employment or any employment outside the terms and conditions of the approved petition, including but not limited to secondary employment, freelance work, consulting engagements, or self-employment, unless specifically authorized under the terms of the beneficiary's visa classification and approved by OWS.
5.  Acknowledgment. Each beneficiary shall acknowledge receipt and understanding of this Policy in writing. A copy of the signed acknowledgment shall be retained in the beneficiary's immigration file.
SECTION 4: IMMIGRATION CLASSIFICATION CATEGORIES TRACKED
This Section identifies all current visa holders, pipeline candidates, and pending green card cases tracked under this Policy. The information set forth below reflects the status of each case as of the date of adoption of this Policy and is subject to update as circumstances change.
4.1 H-1B Specialty Occupation (14 Current Holders)
OWS currently employs fourteen (14) individuals in H-1B specialty occupation status. The following table sets forth the key data tracked for each H-1B holder:
1. Dr. Ankit Mehrotra
•  Position: Senior Photonics Engineer
•  SOC Code: 17-2199 (Engineers, All Other)
•  Worksite: Site A — San Jose, CA
•  Petition Type: Extension
•  Validity Period: September 1, 2023 – August 31, 2026
•  PERM Status: Filed; Priority Date March 15, 2024 (EB-2)
•  Notes: Third-year extension; PERM case pending at DOL; I-140 not yet filed
2. Wei-Lin Tsai
•  Position: RF Design Engineer
•  SOC Code: 17-2072 (Electronics Engineers, Except Computer)
•  Worksite: Site A — San Jose, CA
•  Petition Type: Initial
•  Validity Period: October 1, 2024 – September 30, 2027
•  PERM Status: None
•  Notes: First H-1B approval; three-year validity; no green card process initiated
3. Sunita Raghavan
•  Position: Process Integration Engineer
•  SOC Code: 17-2072 (Electronics Engineers, Except Computer)
•  Worksite: Site A — San Jose, CA
•  Petition Type: Transfer (from prior employer)
•  Validity Period: January 15, 2024 – January 14, 2027
•  PERM Status: Filed; Priority Date June 1, 2024 (EB-2)
•  Notes: Transfer approved; AC21 portability invoked at time of transfer; PERM recruitment completed
4. Jae-Won Park
•  Position: Analog IC Designer
•  SOC Code: 17-2072 (Electronics Engineers, Except Computer)
•  Worksite: Site A — San Jose, CA
•  Petition Type: Extension
•  Validity Period: April 1, 2023 – March 31, 2026
•  PERM Status: Filed; Priority Date November 20, 2023 (EB-2)
•  Notes: Approaching end of initial three-year period; extension filing window opens September 2025; monitor PERM case status for seventh-year eligibility analysis
5. Oleksandr Kovalenko
•  Position: FPGA Verification Engineer
•  SOC Code: 15-1252 (Software Developers)
•  Worksite: Site A — San Jose, CA
•  Petition Type: Initial
•  Validity Period: October 1, 2024 – September 30, 2027
•  PERM Status: None
•  Notes: First H-1B approval; Ukrainian national; no green card process initiated
6. Maria Fernanda Salinas
•  Position: Embedded Systems Engineer
•  SOC Code: 15-1252 (Software Developers)
•  Worksite: Site B — Austin, TX
•  Petition Type: Transfer (from prior employer)
•  Validity Period: July 1, 2024 – June 30, 2027
•  PERM Status: None
•  Notes: Transfer approved; LCA certified for Austin MSA; Mexican national
7. Takeshi Nakamura
•  Position: Signal Integrity Engineer
•  SOC Code: 17-2072 (Electronics Engineers, Except Computer)
•  Worksite: Site A — San Jose, CA
•  Petition Type: Extension
•  Validity Period: June 1, 2022 – May 31, 2025
•  I-94 Status: Expired May 31, 2025
•  Extension Status: Extension petition filed March 15, 2025 by prior counsel (Whitfield & Parekh LLP); pending receipt; 240-day automatic extension rule applies under 8 C.F.R. § 214.2(h)(2)(i)(H); authorized to continue employment for up to 240 days from May 31, 2025 (i.e., through approximately January 26, 2026), pending adjudication
•  EB-1B Status: Priority Date September 10, 2022; I-140 petition pending
•  Critical Note: RFE received — USCIS has issued a specialty occupation challenge for the Signal Integrity Engineer position; RFE response preparation must be coordinated with Calderwood & Harkness LLP immediately; response deadline to be confirmed upon receipt of full RFE package from Whitfield & Parekh
8. Priya Venkataraman
•  Position: Packaging Engineer
•  SOC Code: 17-2072 (Electronics Engineers, Except Computer)
•  Worksite: Site C — Portland, OR
•  Petition Type: Initial
•  Validity Period: October 1, 2024 – September 30, 2027
•  PERM Status: None
•  Notes: Only H-1B worker at Portland site; LCA certified for Portland MSA
9. Dmitri Volkov
•  Position: Test Automation Engineer
•  SOC Code: 15-1252 (Software Developers)
•  Worksite: Site A — San Jose, CA
•  Petition Type: Transfer (from prior employer)
•  Validity Period: March 15, 2025 – March 14, 2028
•  PERM Status: None
•  Notes: Recently approved transfer; Russian national; previously employed by Granville Staffing Solutions, Inc.; prior petition records maintained in beneficiary file
10. Hyun-Soo Kim
•  Position: Layout Design Engineer
•  SOC Code: 17-2072 (Electronics Engineers, Except Computer)
•  Worksite: Site A — San Jose, CA
•  Petition Type: Extension
•  Validity Period: November 1, 2023 – October 31, 2026
•  PERM Status: Filed; Priority Date February 28, 2024 (EB-3)
•  Notes: EB-3 classification (Level II position at time of PERM filing); monitor visa bulletin for EB-3 worldwide priority date advancement; South Korean national
11. Rania El-Masri
•  Position: Systems Architect
•  SOC Code: 15-1211 (Computer Systems Analysts)
•  Worksite: Site B — Austin, TX
•  Petition Type: Initial
•  Validity Period: October 1, 2024 – September 30, 2027
•  PERM Status: None
•  Notes: First H-1B approval; LCA certified for Austin MSA; Lebanese national
12. Chen Xiaoming
•  Position: Reliability Engineer
•  SOC Code: 17-2072 (Electronics Engineers, Except Computer)
•  Worksite: Site A — San Jose, CA
•  Petition Type: Extension
•  Validity Period: August 15, 2023 – August 14, 2025
•  Critical Note: Extension must be filed by June 15, 2025 (180-day advance filing window); approaching end of second three-year period
•  PERM Status: Filed; Priority Date April 5, 2024 (EB-2)
•  Notes: Evaluate seventh-year extension eligibility under INA § 106(a) and (b); Chinese national — significant visa bulletin backlog for EB-2 China; extension beyond six years likely required
13. Fatima Al-Rashidi
•  Position: DevOps / CI-CD Engineer
•  SOC Code: 15-1252 (Software Developers)
•  Worksite: Site A — San Jose, CA
•  Petition Type: Initial
•  Validity Period: October 1, 2024 – September 30, 2027
•  PERM Status: None
•  Notes: First H-1B approval; Saudi Arabian national; no green card process initiated
14. Arjun Krishnamurthy
•  Position: Power Management IC Designer
•  SOC Code: 17-2072 (Electronics Engineers, Except Computer)
•  Worksite: Site A — San Jose, CA
•  Petition Type: Extension
•  Validity Period: December 1, 2022 – November 30, 2025
•  PERM Status: Filed; Priority Date July 22, 2023 (EB-2); PERM audit pending from prior counsel (Whitfield & Parekh LLP)
•  Notes: Extension filing should target no later than June 1, 2025; Indian national — significant visa bulletin backlog for EB-2 India; PERM audit response must be coordinated with Calderwood & Harkness upon completion of file transfer from Whitfield & Parekh; evaluate seventh-year extension eligibility
H-1B Non-Dependency Status. OWS employs a total of three hundred forty (340) employees (including both U.S. and foreign national workers) as of the date of this Policy. With fourteen (14) H-1B holders, the Company's H-1B dependency ratio is 4.12% (14 ÷ 340 = 0.0412), which is well below the 15% threshold that would classify OWS as an "H-1B dependent employer" under INA § 212(n)(3). OWS is therefore classified as H-1B non-dependent, and the additional LCA attestations applicable to H-1B dependent employers (regarding displacement and recruitment of U.S. workers) are not currently required. The Immigration Program Manager shall recalculate this ratio upon each new H-1B approval or material change in total headcount.
4.2 O-1A Extraordinary Ability in Sciences/Engineering (3 Current Holders)
OWS currently employs three (3) individuals in O-1A extraordinary ability status. Each of these individuals holds a position requiring exceptional expertise in the sciences or engineering. The following information is tracked for each O-1A holder:
15. Dr. Seo-Yeon Cho
•  Position: Principal Photonics Researcher
•  Classification: O-1A (Extraordinary Ability — Sciences)
•  Worksite: Site A — San Jose, CA
•  Validity Period: March 1, 2024 – February 28, 2026
•  Notes: O-1A extension will be required; extension filing should begin no later than August 2025; beneficiary has 47 peer-reviewed publications and 8 issued U.S. patents in silicon photonics; South Korean national
16. Dr. Vikram Iyer
•  Position: Chief Architect, PIC Platform
•  Classification: O-1A (Extraordinary Ability — Sciences)
•  Worksite: Site A — San Jose, CA
•  Validity Period: May 15, 2023 – May 14, 2026
•  Notes: Senior technical leader; extension filing should begin no later than November 2025; beneficiary has extensive publication record and has served as keynote speaker at IEEE Photonics Conference; Indian national
17. Dr. Amara Osei-Bonsu
•  Position: Lead Quantum Photonics Scientist
•  Classification: O-1A (Extraordinary Ability — Sciences)
•  Worksite: Site A — San Jose, CA
•  Validity Period: September 1, 2024 – August 31, 2027
•  Notes: Recently approved; Ghanaian national; no extension needed within current planning horizon
4.3 O-1B Extraordinary Achievement in Arts (1 Current Holder)
OWS currently employs one (1) individual in O-1B extraordinary achievement status:
18. Luciana Moretti
•  Position: Senior UX/Industrial Designer
•  Classification: O-1B (Extraordinary Achievement — Arts)
•  Worksite: Site A — San Jose, CA
•  Validity Period: January 15, 2025 – January 14, 2028
•  Notes: Recently approved petition; Italian national; responsible for the industrial design of OWS's photonic transceiver product line; recipient of multiple international design awards, including the Red Dot Design Award and the iF Design Award; no extension needed within current planning horizon
4.4 FY2026 Pipeline Candidates (12)
OWS has identified twelve (12) individuals in the pipeline for visa sponsorship in connection with the FY2026 H-1B cap season and related visa categories. These candidates are at various stages of the sponsorship process and are tracked as follows:
H-1B Cap-Subject — Selected in FY2026 Lottery (5 Candidates)
The following five (5) candidates were selected in the FY2026 H-1B lottery. Their registrations were submitted on March 7, 2025, and lottery selection was confirmed on April 1, 2025. The filing deadline for cap-subject petitions is June 30, 2025, and the target start date for these employees is October 1, 2025.
P1. Naveen Sharma
•  Target Position: Photonics Process Engineer
•  Education: IIT Madras (B.Tech, Electrical Engineering)
•  Current Status: F-1 OPT
•  Lottery Status: Selected
•  Filing Deadline: June 30, 2025
•  Target Start Date: October 1, 2025
P2. Yuki Tanaka
•  Target Position: Analog Design Engineer
•  Education: University of Michigan (M.S., Electrical Engineering)
•  Current Status: F-1 OPT STEM Extension
•  Lottery Status: Selected
•  Filing Deadline: June 30, 2025
•  Target Start Date: October 1, 2025
P3. Ekaterina Solovyova
•  Target Position: Verification Engineer
•  Education: UC Berkeley (M.S., Electrical Engineering and Computer Sciences)
•  Current Status: F-1 OPT STEM Extension
•  Lottery Status: Selected
•  Filing Deadline: June 30, 2025
•  Target Start Date: October 1, 2025
P4. Ahmed Hassan
•  Target Position: Thermal Engineer
•  Education: Stanford University (M.S., Mechanical Engineering)
•  Current Status: F-1 OPT
•  Lottery Status: Selected
•  Filing Deadline: June 30, 2025
•  Target Start Date: October 1, 2025
P5. Min-Jun Lee
•  Target Position: EDA Tools Developer
•  Education: Georgia Institute of Technology (M.S., Computer Engineering)
•  Current Status: F-1 OPT STEM Extension
•  Lottery Status: Selected
•  Filing Deadline: June 30, 2025
•  Target Start Date: October 1, 2025
H-1B Cap-Subject — Not Selected in FY2026 Lottery (4 Candidates)
The following four (4) candidates were not selected in the FY2026 H-1B lottery. OWS and Calderwood & Harkness LLP will evaluate alternative pathways for each of these individuals, including cap-exempt employment, O-1 petition eligibility, and re-registration for the FY2027 H-1B lottery.
P6. Carlos Delgado Rivera
•  Target Position: MEMS Process Engineer
•  Education: UT Austin (M.S., Mechanical Engineering)
•  Current Status: F-1 OPT
•  Lottery Status: Not Selected
•  Alternative Pathway: Evaluate O-1A eligibility; consider FY2027 re-registration; monitor OPT EAD expiry date
P7. Anh Nguyen
•  Target Position: Packaging R&D Engineer
•  Education: Purdue University (M.S., Materials Engineering)
•  Current Status: F-1 OPT STEM Extension
•  Lottery Status: Not Selected
•  Alternative Pathway: STEM OPT provides additional time; evaluate cap-exempt opportunities; FY2027 re-registration
P8. Blessing Adeyemi
•  Target Position: Test Engineer
•  Education: University of Illinois at Urbana-Champaign (M.S., Electrical and Computer Engineering)
•  Current Status: F-1 OPT
•  Lottery Status: Not Selected
•  Alternative Pathway: Evaluate O-1A eligibility based on publications; FY2027 re-registration; monitor OPT EAD expiry date
P9. Sofia Petrova
•  Target Position: Fiber Coupling Engineer
•  Education: Massachusetts Institute of Technology (Ph.D., Mechanical Engineering)
•  Current Status: F-1 OPT STEM Extension
•  Lottery Status: Not Selected
•  Alternative Pathway: Strong O-1A candidate based on Ph.D. research, publications, and conference presentations; target O-1A filing if H-1B not available; STEM OPT extension provides runway
H-1B Cap-Exempt Transfers (2 Candidates)
The following two (2) candidates are currently employed in H-1B status at cap-exempt institutions (universities or affiliated research entities) and will be transferred to OWS through the filing of new H-1B petitions. Because these transfers involve movement from a cap-exempt employer to a cap-subject employer, the new petitions will be subject to the H-1B cap unless a cap exemption applies. Calderwood & Harkness LLP will analyze the cap-exemption status of each transfer.
P10. Dr. Kenji Watanabe
•  Target Position: Senior PICs Researcher
•  Current Employer: Northfield University Research Lab
•  Current Status: H-1B (cap-exempt)
•  Transfer Status: Pending; target filing date August 1, 2025
•  Notes: Japanese national; evaluate whether cap-exempt status transfers or whether cap filing required; AC21 portability will permit employment upon filing
P11. Dr. Ingrid Halvorsen
•  Target Position: Advanced Modulation Scientist
•  Current Employer: Cascade Institute of Technology
•  Current Status: H-1B (cap-exempt)
•  Transfer Status: Pending; target filing date September 30, 2025
•  Notes: Norwegian national; similar cap-exemption analysis required; strong publication record
O-1A New Petition (1 Candidate)
P12. Dr. Rohan Deshmukh
•  Target Position: Distinguished Engineer
•  Current Location: India (currently abroad)
•  Current Status: No U.S. immigration status; will require consular processing
•  Petition Type: O-1A (Extraordinary Ability — Sciences)
•  Target Filing Date: July 15, 2025
•  Notes: Indian national; 85+ peer-reviewed publications; 12 issued patents; extensive media recognition and awards in photonics field; strong O-1A candidate; consular processing at U.S. Embassy in New Delhi anticipated following petition approval
4.5 PERM / Green Card Cases (Tracked Concurrently)
OWS currently has seven (7) pending or approved PERM labor certification cases and one (1) EB-1B outstanding researcher petition tracked under this Policy. These cases are tracked concurrently with the respective beneficiary's nonimmigrant status because the green card process has a direct impact on the availability of seventh-year H-1B extensions and other benefits.
Summary of PERM / Green Card Cases:
Visa Bulletin Monitoring. Calderwood & Harkness LLP shall monitor the monthly Visa Bulletin published by the Department of State for the EB-2 and EB-3 categories, with particular attention to the India and China chargeability areas given that several of OWS's beneficiaries are nationals of these countries. Visa bulletin updates shall be included in the quarterly status reports. Any movement in priority dates that affects the eligibility of an OWS beneficiary for I-485 filing (adjustment of status) or consular processing shall be communicated to OWS immediately.
Krishnamurthy PERM Audit. The PERM audit for Arjun Krishnamurthy was initiated by the DOL in connection with the PERM case originally filed by prior counsel, Whitfield & Parekh LLP. Upon completion of the file transfer from Whitfield & Parekh (target: June 15, 2025), Calderwood & Harkness LLP shall review the audit request, evaluate the adequacy of the recruitment documentation, and prepare and file the audit response in coordination with OWS.
SECTION 5: IMMIGRATION STATUS TRACKING DATABASE
5.1 Database Establishment and Format
The Immigration Program Manager, Rajesh Anand, shall establish and maintain a master Immigration Status Tracking Database (the "Database") in a secure electronic format. The Database shall serve as the single authoritative source of immigration status information for all OWS beneficiaries and pipeline candidates.
The Database shall be maintained in a format that permits efficient searching, sorting, filtering, and reporting. The specific software platform shall be selected by the Immigration Program Manager in consultation with the Director of Human Resources and the IT department, with the following minimum requirements:
•  Access control with role-based permissions (read-only, read-write, administrator)
•  Encryption at rest and in transit
•  Audit logging of all access and modifications
•  Automated alert and notification capabilities based on date-driven triggers
•  Export functionality for reporting purposes (e.g., PDF, Excel)
•  Backup and disaster recovery capabilities
The Database shall be shared with the following individuals on a read-access basis:
•  Patricia Langford, General Counsel
•  Samantha Kowalski, Director of Human Resources
•  Megan Chu, Lead Associate, Calderwood & Harkness LLP
•  Tanya Benavides, Paralegal, Calderwood & Harkness LLP
Write access to the Database shall be limited to the Immigration Program Manager and such other individuals as the Immigration Program Manager may designate with the approval of the General Counsel. Access to the Database is restricted to authorized personnel only, and the contents of the Database are classified as confidential personnel information subject to the data security and confidentiality requirements set forth in Section 12 of this Policy.
5.2 Required Data Fields for Each Beneficiary
For each current beneficiary (visa-dependent employee), the Database shall contain the following data fields, populated and maintained on an ongoing basis:
1.  Full legal name (as it appears on the beneficiary's passport) and any prior names (maiden name, former names)
2.  OWS employee ID number
3.  Date of birth
4.  Country of citizenship (and country of birth, if different)
5.  Current immigration classification (H-1B, O-1A, O-1B, F-1 OPT, etc.)
6.  USCIS receipt number(s) for all pending and approved petitions (Form I-129, Form I-140, etc.)
7.  Form I-797 approval notice date and validity dates (start date and end date)
8.  I-94 arrival/departure record number and expiry date
9.  Visa stamp expiry date (if applicable — noting that the visa stamp governs entry to the United States, not the period of authorized stay)
10.  Passport number, country of issuance, and passport expiry date
11.  Position title
12.  Standard Occupational Classification ("SOC") code
13.  Assigned worksite (Site A, Site B, Site C, or remote), including complete street address
14.  Petition type (initial, extension, transfer, or amendment)
15.  LCA case number and certified dates (start and end)
16.  Prevailing wage determination details, including SOC code, wage level, and prevailing wage amount
17.  Actual offered wage (base salary, total compensation including bonus and equity)
18.  PERM case number, filing date, status, priority date, and EB classification (if applicable)
19.  I-140 receipt number, filing date, and adjudication status (if applicable)
20.  Pending RFE status, including RFE receipt date and response deadline
21.  Next filing deadline (calculated per the extension filing window rules set forth in Section 6.1)
22.  Notes and special circumstances, including but not limited to: 240-day rule status, cap-exempt basis, prior employer information for transfers, AC21 portability status, and any other relevant information
5.3 Data Fields for Pipeline Candidates
For each pipeline candidate, the Database shall contain the following data fields:
1.  Full legal name
2.  Target position title and SOC code
3.  Current immigration status (F-1 OPT, F-1 STEM OPT, H-1B at another employer, consular processing, etc.)
4.  OPT or STEM OPT EAD expiry date (if applicable)
5.  FY2026 H-1B registration status (submitted, selected, not selected)
6.  Lottery selection confirmation number (if applicable)
7.  Petition filing deadline
8.  Target filing date
9.  Government fees due (filing fee, ACWIA fee, fraud prevention and detection fee, asylum program fee, premium processing fee if applicable)
10.  Alternative pathway status and notes (for unselected candidates)
11.  Assigned attorney and paralegal at Calderwood & Harkness LLP
5.4 Historical Data Preservation
All immigration case data from OWS's prior counsel, Whitfield & Parekh LLP, covering the period from 2019 through April 2025, shall be migrated into the Database upon completion of the file transfer from Whitfield & Parekh. The target completion date for this migration is June 15, 2025.
The following categories of historical documents shall be scanned (if not already in electronic format) and linked to the corresponding individual beneficiary records in the Database:
•  All approved I-797 notices (Forms I-797A and I-797B)
•  All certified LCAs (Forms ETA-9035/9035E) and associated prevailing wage determinations
•  All PERM case files, including recruitment documentation, supervised recruitment reports, and final audit response files
•  All PAF copies maintained during the Whitfield & Parekh engagement
•  All RFE responses and USCIS correspondence
•  All I-140 petition documentation
Additionally, for beneficiaries who were previously employed by other employers prior to joining OWS—including individuals who were initially placed through Granville Staffing Solutions, Inc., or who transferred from other employers—the prior employer petition history shall be documented in the Database to the extent such information is available from the beneficiary's personal records or from prior counsel files.
SECTION 6: VISA EXPIRY MONITORING AND EXTENSION FILING TRIGGERS
6.1 Extension Filing Window
Under USCIS regulations, H-1B extension petitions may be filed up to one hundred eighty (180) calendar days (six months) before the current petition expiry date. This Policy establishes a structured schedule of automated alerts and escalation triggers to ensure that extension filings are initiated well in advance of the regulatory filing window and are completed before the expiration of the beneficiary's current authorized period of stay.
Advance Notification to Outside Counsel. This Policy requires that Calderwood & Harkness LLP be notified no later than two hundred ten (210) days (seven months) before the expiry of any beneficiary's current petition to allow adequate preparation time for assembling the extension petition, obtaining updated support letters, securing a new or amended LCA, and completing any other preparatory steps.
Automated Alert Schedule. The Immigration Program Manager shall configure the Database to generate automated alerts at the following intervals before each beneficiary's visa expiry date:
These alert intervals shall apply to H-1B extensions, O-1A extensions, and O-1B extensions alike, subject to any adjustments recommended by Calderwood & Harkness LLP based on the specific circumstances of the case.
6.2 Current Critical Deadlines (as of Policy Adoption)
The following cases present critical deadlines that require immediate or near-term attention as of the date of adoption of this Policy:
Takeshi Nakamura (H-1B #7). Mr. Nakamura's I-94 expired on May 31, 2025. An H-1B extension petition was filed on March 15, 2025 by OWS's prior counsel, Whitfield & Parekh LLP. Receipt of the petition is currently pending. Pursuant to 8 C.F.R. § 214.2(h)(2)(i)(H), Mr. Nakamura is authorized to continue employment with OWS for up to 240 days from the date of his I-94 expiration (i.e., through approximately January 26, 2026), provided that the extension petition was timely filed and is not frivolous. Calderwood & Harkness LLP must immediately obtain the filing receipt from Whitfield & Parekh and confirm that the petition was properly filed. Additionally, an RFE is pending on Mr. Nakamura's extension petition—USCIS has raised a specialty occupation challenge for the Signal Integrity Engineer position. The RFE response deadline must be confirmed and the response prepared as a matter of urgency.
Chen Xiaoming (H-1B #12). Mr. Chen's H-1B validity period expires on August 14, 2025. The 180-day advance filing window for the extension petition opens on approximately February 14, 2025, and the extension petition must be filed no later than June 15, 2025 to ensure filing within the advance filing window (allowing approximately 60 days of preparation time). Mr. Chen has a PERM priority date of April 5, 2024 (EB-2, China). Given that Mr. Chen is approaching the end of his sixth year in H-1B status, Calderwood & Harkness LLP must evaluate his eligibility for a seventh-year extension under INA § 106(a) or (b) (as codified by the American Competitiveness in the Twenty-First Century Act). The significant visa bulletin backlog for EB-2 China nationals makes it likely that a seventh-year extension will be necessary and available.
Arjun Krishnamurthy (H-1B #14). Mr. Krishnamurthy's H-1B validity period expires on November 30, 2025. His PERM priority date is July 22, 2023 (EB-2, India). A PERM audit is pending from prior counsel, Whitfield & Parekh LLP. The extension petition filing should target no later than June 1, 2025 to allow for adequate preparation time. The PERM audit response must be coordinated upon completion of the file transfer. Seventh-year extension eligibility must be evaluated in light of the PERM and I-140 status.
Jae-Won Park (H-1B #4). Mr. Park's H-1B validity period expires on March 31, 2026. His PERM priority date is November 20, 2023 (EB-2). The 270-day preliminary planning alert should trigger in approximately June 2025. Extension planning should begin in the second half of 2025.
Dr. Seo-Yeon Cho (O-1A #15). Dr. Cho's O-1A validity period expires on February 28, 2026. The O-1A extension petition should be filed at least 180 days before expiry—i.e., by approximately September 1, 2025. Updated evidence of continued extraordinary ability will need to be assembled.
Dr. Vikram Iyer (O-1A #16). Dr. Iyer's O-1A validity period expires on May 14, 2026. Extension planning should begin no later than November 2025.
6.3 Seventh-Year Extension Considerations
The INA imposes a general maximum period of stay of six (6) years for H-1B nonimmigrant workers. However, the American Competitiveness in the Twenty-First Century Act ("AC21") provides for extensions beyond the six-year limitation under the following circumstances:
AC21 § 106(a): An H-1B worker may be granted one-year extensions beyond the six-year limit if 365 days or more have elapsed since the filing of a PERM labor certification application or the filing of an I-140 immigrant petition on behalf of the worker, and the worker's immigrant visa is not yet available (i.e., the priority date is not current under the Visa Bulletin).
AC21 § 106(b): An H-1B worker may be granted three-year extensions beyond the six-year limit if the worker is the beneficiary of an approved I-140 immigrant petition, but an immigrant visa number is not yet immediately available due to per-country limitations or other backlogs.
For H-1B holders approaching the six-year maximum period of stay, the Immigration Program Manager and Calderwood & Harkness LLP shall evaluate the beneficiary's eligibility for seventh-year extensions under AC21 § 106(a) or (b). This analysis requires close coordination with the PERM/green card case status (Section 4.5 of this Policy) and ongoing monitoring of the Department of State Visa Bulletin. The Immigration Program Manager shall ensure that the PERM case and I-140 filing timelines are aligned with the beneficiary's H-1B expiration date to preserve eligibility for seventh-year extensions.
As of the date of this Policy, the following H-1B holders are anticipated to require seventh-year extension analysis within the next twelve (12) months:
•  Chen Xiaoming — Approaching end of sixth year; PERM filed April 5, 2024 (EB-2 China); seventh-year extension under AC21 § 106(a) likely required
•  Arjun Krishnamurthy — Approaching end of sixth year; PERM filed July 22, 2023 (EB-2 India); PERM audit pending; seventh-year extension under AC21 § 106(a) or (b) likely required
•  Takeshi Nakamura — EB-1B petition pending; if I-140 approved, may qualify for three-year extension under AC21 § 106(b); otherwise, AC21 § 106(a) analysis required
6.4 O-1 Extension Procedures
Unlike the H-1B classification, the O-1 visa categories do not impose a statutory maximum duration of stay. O-1A and O-1B beneficiaries may be granted extensions in increments of up to three (3) years for O-1A and one (1) year for O-1B, subject to continued demonstration of extraordinary ability or achievement.
At each extension, the beneficiary must demonstrate that he or she continues to meet the statutory criteria for extraordinary ability (O-1A) or extraordinary achievement (O-1B). This requires the preparation of updated evidence of the beneficiary's ongoing distinction in his or her field, including recent publications, citations, awards, patents, media coverage, high salary evidence, and other indicators of extraordinary ability.
This Policy requires that O-1 extension petitions be filed at least one hundred eighty (180) days before the expiry of the current authorization period to allow sufficient time for the preparation of updated evidence and the assembly of the petition. The alert schedule set forth in Section 6.1 applies to O-1 extensions in the same manner as to H-1B extensions.
SECTION 7: STATUS CHANGE NOTIFICATIONS AND MATERIAL CHANGE TRIGGERS
7.1 Events Requiring Immediate Notification to Immigration Program Manager
Certain changes in the terms and conditions of a foreign national employee's employment or personal circumstances may trigger legal obligations on the part of OWS, including the requirement to file an amended visa petition, a new LCA, or other corrective action. To ensure that OWS can identify and respond to such triggers promptly, all hiring managers, supervisors, and HR personnel are required to notify the Immigration Program Manager immediately upon learning of any of the following events affecting a visa-dependent employee:
1.  Change in job title, duties, or reporting structure. Any change in the beneficiary's job title, job duties, or supervisory reporting structure that may constitute a "material change" requiring an amended H-1B petition or new LCA.
2.  Change in salary or compensation. Any change in the beneficiary's base salary, bonus structure, or equity compensation, including RSU vesting schedule changes, that may cause the beneficiary's total compensation to fall below the prevailing wage or the LCA-certified wage.
3.  Transfer to a different worksite. Any change in the beneficiary's primary worksite, including transfers between OWS facilities (e.g., from San Jose to Austin) or the initiation of a remote work arrangement, which may trig