FDNS SITE VISIT PREPAREDNESS GUIDE & PROTOCOL
Prepared for Optiwave Semiconductor Corp. Management, Human Resources, and Site Leadership
Prepared by Dr. Lena Marchetti, Of Counsel Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, California 90071
Date: June 5, 2025
Engagement Reference: SC-OWS-2025-0520-IMM
CONFIDENTIAL — ATTORNEY-CLIENT PRIVILEGED / ATTORNEY WORK PRODUCT
This document was prepared by Calderwood & Harkness LLP at the request of Optiwave Semiconductor Corp. and contains confidential information protected by the attorney-client privilege and the work product doctrine. This document is intended solely for the use of the individuals and entities identified in the distribution list below. Unauthorized disclosure, reproduction, or distribution of this document or any portion thereof is strictly prohibited. Receipt of this document by any person not on the authorized distribution list does not constitute waiver of any applicable privilege.
Distribution List:
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I. PURPOSE AND OVERVIEW
This FDNS Site Visit Preparedness Guide & Protocol (the "Guide") establishes standardized protocols for Optiwave Semiconductor Corp. ("OWS" or the "Company") to follow in the event of unannounced or scheduled site visits by the U.S. Citizenship and Immigration Services ("USCIS") Fraud Detection and National Security Directorate ("FDNS"). The Guide is intended to ensure that OWS management, human resources personnel, site leadership, reception and security staff, and all affected employees are prepared to respond to an FDNS site visit in a manner that is professional, cooperative, legally compliant, and consistent with OWS's obligations as a petitioning employer of nonimmigrant workers.
The purpose of FDNS site visits is to verify the accuracy of information contained in nonimmigrant and immigrant visa petitions — principally, petitions filed under the H-1B specialty occupation classification, as well as petitions filed under the O-1A (extraordinary ability) and O-1B (extraordinary achievement) classifications. Specifically, FDNS officers seek to confirm that beneficiaries named in approved petitions are (a) working in the positions described in the petitions, (b) performing their duties at the worksites listed on the petitions and associated Labor Condition Applications ("LCAs"), (c) receiving the wages stated in the petitions and certified on the applicable LCAs, and (d) employed under conditions that are otherwise consistent with the representations made by the petitioning employer to USCIS. These visits are a core component of the USCIS Administrative Site Visit and Verification Program ("ASVVP"), which has been in operation since 2009.
OWS currently employs eighteen (18) foreign national workers holding nonimmigrant visa status. The Company's current visa portfolio consists of fourteen (14) H-1B specialty occupation workers, three (3) O-1A extraordinary ability workers, and one (1) O-1B extraordinary achievement worker. These individuals are deployed across three OWS worksites: the Company's headquarters and principal engineering facility in San Jose, California (Site A); the Austin Design Center in Austin, Texas (Site B); and the Portland Test Facility in Portland, Oregon (Site C). Given the size and geographic distribution of the Company's visa-holding workforce, compliance readiness is essential, and the Company must be prepared for an FDNS site visit at any of its three facilities at any time and without advance notice.
It is important for all OWS personnel to understand that site visits are a normal and expected part of USCIS's administrative oversight of the nonimmigrant worker visa programs. An FDNS visit does not, by itself, indicate that USCIS suspects fraud or noncompliance on the part of OWS. The Company has a strong track record with respect to FDNS compliance reviews. OWS has undergone two prior FDNS site visits — the first on November 8, 2023, and the second on February 12, 2025 — both conducted at the San Jose headquarters. Both visits resulted in no adverse findings, and the FDNS officers in both instances confirmed that the Company's employment conditions were consistent with the representations contained in the petitions under review. The protocols set forth in this Guide are designed to ensure that this strong compliance record is maintained and that future site visits proceed as smoothly and efficiently as the prior visits.
This Guide supplements OWS's broader immigration compliance infrastructure, which includes the following policies and procedures currently in effect:
• H-1B/O-1 Worksite Compliance Policy (adopted January 2024; revised March 2025)
• LCA Compliance & Public Access File Procedures Manual (adopted January 2024; revised April 2025)
• Employee Immigration Status Tracking Policy (adopted September 2023; revised January 2025)
This Guide does not supersede any of the foregoing policies. To the extent of any conflict between this Guide and the policies listed above, OWS personnel should consult with the Immigration Program Manager or Calderwood & Harkness LLP for clarification.
All managers with H-1B or O-1 direct reports are required to review this Guide in its entirety. Reception and front desk personnel at all OWS facilities are required to review, at minimum, Sections IV, XI, and XII of this Guide. All current H-1B and O-1 beneficiaries employed by OWS are required to review Section VII of this Guide.
II. BACKGROUND ON FDNS SITE VISITS
A. What Is FDNS?
The Fraud Detection and National Security Directorate ("FDNS") is a directorate within USCIS that is responsible for detecting and combating immigration benefit fraud and identifying threats to national security that may arise through the immigration benefit adjudication process. FDNS was established in 2004 as part of a broader reorganization of fraud prevention functions within the Department of Homeland Security. The directorate works in coordination with USCIS adjudicators, U.S. Immigration and Customs Enforcement ("ICE"), the Department of State, and other law enforcement and intelligence agencies.
FDNS officers — sometimes referred to as Immigration Officers, Compliance Review Officers, or simply "inspectors" — conduct site visits at employer worksites as part of the ASVVP. The ASVVP was launched in 2009 and has since become a routine component of USCIS's oversight of employment-based nonimmigrant visa programs, with a particular focus on the H-1B program. Site visits under the ASVVP are designed to verify information submitted in connection with visa petitions and to deter fraud by establishing that USCIS has the capability and willingness to verify petition claims through in-person inspection.
It is important for OWS personnel to be aware that site visits may also be conducted by contract investigators acting on behalf of FDNS. The federal government has historically engaged government contractors — such as Larkspur & Co., and other firms — to perform certain ASVVP site visit functions under FDNS supervision. Contract investigators carry identification credentials that identify them as acting on behalf of USCIS and FDNS. OWS should treat visits by contract investigators with the same level of professionalism and cooperation as visits conducted by USCIS employees directly.
B. When and Why Site Visits Occur
FDNS site visits can occur at virtually any stage of the petition lifecycle. They are not limited to a single triggering event. Common points at which site visits may occur include:
• Upon initial petition filing. FDNS may initiate a site visit shortly after OWS files a new H-1B or O-1 petition, particularly during the adjudication period before the petition has been approved.
• During the adjudication period. Site visits are frequently conducted while a petition is pending before USCIS, including cases in which a Request for Evidence ("RFE") has been issued and a response is pending.
• After approval. FDNS may conduct a site visit after a petition has been approved to verify that the approved employment conditions are being maintained.
• Upon extension or amendment. The filing of an H-1B extension or an amended petition (e.g., for a change in worksite, job duties, or wages) may trigger a site visit.
• As part of random compliance reviews. FDNS periodically selects petitions for random compliance review, without any specific triggering event or indication of suspected fraud.
Common triggers for FDNS site visits include, but are not limited to, the following: filing of a new H-1B petition (including cap-subject petitions and cap-exempt petitions); filing of an H-1B extension petition; filing of an H-1B amendment petition (e.g., reflecting a change in worksite or a material change in job duties); submission of a response to an RFE; receipt of a whistleblower complaint or anonymous tip by USCIS; selection through USCIS's random audit processes; and petitions filed by employers in industries or with characteristics that USCIS has identified as presenting higher fraud risk (including, historically, the information technology and staffing sectors).
Site visits are typically unannounced. FDNS officers may arrive at the worksite without prior notice and without scheduling an appointment in advance. Although some site visits may be scheduled — for instance, if the officer is coordinating a visit to a worksite that requires advance security clearance — OWS should operate on the assumption that all site visits will be unannounced and should be prepared accordingly.
No subpoena or judicial warrant is required for a voluntary administrative site visit under the ASVVP. These visits are administrative in nature and are not law enforcement actions. The FDNS officer does not have the authority to compel entry or to search the premises in the manner of a law enforcement officer executing a search warrant. However, cooperation with FDNS site visits is expected of petitioning employers, and refusal to cooperate with or permit a site visit may result in adverse consequences for pending or approved petitions, including denial or revocation. Accordingly, OWS's policy is to cooperate fully with all FDNS site visits. At the same time, OWS personnel may and should request identification from the visiting officer and may consult with counsel, as described in the protocols set forth in this Guide.
C. OWS's Prior Site Visit History
OWS has undergone two prior FDNS site visits, both of which were conducted at the Company's headquarters facility in San Jose, California, and both of which resulted in no adverse findings.
First Site Visit — November 8, 2023
The first FDNS site visit occurred on November 8, 2023, at OWS Headquarters, 4820 Veltrano Parkway, Suite 300, San Jose, California 95134. The visit was conducted during the adjudication period for multiple FY2024 H-1B petitions that OWS had filed on behalf of several newly hired engineers. The FDNS officer verified worksite conditions for the petitioned positions, confirmed the physical presence of the named beneficiaries at the San Jose facility, and reviewed job duties to assess consistency with the petition descriptions. The officer also briefly examined the physical workstation and lab access of the beneficiaries. The result of the visit was no adverse findings. USCIS subsequently approved the petitions under review.
Second Site Visit — February 12, 2025
The second FDNS site visit occurred on February 12, 2025, again at OWS Headquarters in San Jose. This visit was conducted in connection with pending H-1B extension petitions. The FDNS officer interviewed one beneficiary — asking questions about the beneficiary's job title, daily duties, work schedule, supervisor, and compensation — and also reviewed Public Access File documentation for the relevant LCA. The beneficiary's responses and the PAF documentation were consistent with the petition representations. The result of the visit was no adverse findings.
Both visits were handled cooperatively under the direction of OWS's prior immigration counsel, Whitfield & Parekh LLP (Kavita Parekh, Partner). Lessons learned from those visits — including the importance of maintaining up-to-date PAF documentation at the worksite, the value of having a single designated point of contact for the inspector, and the need for brief pre-visit training for beneficiaries who may be interviewed — have been incorporated into the protocols set forth in this Guide.
III. DESIGNATED SITE VISIT CONTACTS
Clear lines of communication and a well-defined chain of responsibility are essential to an effective site visit response. The following individuals are designated as OWS's site visit contacts. Their roles and responsibilities are described below.
A. Primary Contact
Samantha Kowalski Director of Human Resources Optiwave Semiconductor Corp. 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134
Samantha Kowalski is the designated primary point of contact when an FDNS officer arrives at any OWS facility. Ms. Kowalski is authorized to greet inspectors, coordinate access to the facility, produce documentation, and facilitate beneficiary and supervisor interviews. She has been briefed on all aspects of OWS's immigration compliance program and is familiar with the Company's visa holder roster, PAF procedures, and LCA obligations.
Ms. Kowalski should be notified immediately by reception, front desk, or security personnel upon the arrival of any government inspector at any OWS facility — whether the inspector is a USCIS employee, an FDNS officer, a contract investigator, or a representative of any other federal or state agency. If the visit occurs at Site B (Austin) or Site C (Portland), the local alternate contact should notify Ms. Kowalski immediately by phone, and Ms. Kowalski will provide real-time guidance and, if necessary, participate remotely.
B. Secondary Contact
Rajesh Anand Immigration Program Manager Optiwave Semiconductor Corp. 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134
Rajesh Anand is the designated secondary contact and serves as backup to Samantha Kowalski in the event that Ms. Kowalski is unavailable, out of the office, or otherwise unable to respond within the timeframes specified in this Guide. Mr. Anand is responsible for the day-to-day management of OWS's immigration records and maintains detailed knowledge of each beneficiary's petition details, worksite assignment, current visa status, and LCA compliance posture. He is the custodian of the Company's centralized immigration case management system and can retrieve petition details, I-797 approval notices, certified LCA copies, and PAF records on short notice.
Mr. Anand should be notified of any FDNS site visit regardless of whether Ms. Kowalski is available, as he may be called upon to assist with document retrieval and verification of petition details.
C. Site-Specific Alternates
Because OWS operates at three geographically dispersed worksites, it is essential that designated contacts be available at each site. The following alternates are responsible for serving as the initial point of contact at their respective facilities in the event that an FDNS officer arrives at that location.
Austin Design Center (Site B) 7600 Spectrum Drive, Building 4, Austin, TX 78729
The local HR representative at Site B, to be formally designated by Samantha Kowalski within fourteen (14) calendar days of adoption of this Guide, shall serve as the site-specific alternate contact for the Austin facility. This individual must be trained on this protocol, must have a printed copy of this Guide available at all times, and must have access to the PAF materials and Site Visit Ready Binder (described in Section V.C below) for the two (2) H-1B visa holders assigned to Site B. Upon arrival of an FDNS officer at Site B, the alternate contact must immediately notify both Ms. Kowalski and Mr. Anand by phone.
Portland Test Facility (Site C) 1425 Northwest Couch Street, Suite 200, Portland, OR 97209
The local site manager at Site C, to be formally designated by Samantha Kowalski within fourteen (14) calendar days of adoption of this Guide, shall serve as the site-specific alternate contact for the Portland facility. This individual must be trained on this protocol, must have a printed copy of this Guide available at all times, and must have access to the PAF materials and Site Visit Ready Binder for the one (1) H-1B visa holder assigned to Site C. Upon arrival of an FDNS officer at Site C, the alternate contact must immediately notify both Ms. Kowalski and Mr. Anand by phone.
Each site-specific alternate must maintain a printed copy of this Guide and must have immediate access to the Site Visit Ready Binder and relevant PAF materials for all visa holders assigned to that worksite. The alternates must participate in the initial training session described in Section X of this Guide and in all subsequent annual refresher trainings.
D. Outside Counsel Notification
Calderwood & Harkness LLP must be notified promptly upon any FDNS site visit at any OWS facility. Outside counsel notification is a critical component of OWS's site visit response protocol. Calderwood & Harkness serves as OWS's immigration counsel of record and is responsible for advising the Company on all matters relating to FDNS compliance, responding to any follow-up requests or adverse actions arising from a site visit, and ensuring that the Company's responses are legally sound and appropriately documented.
The primary outside counsel contacts are:
• Dr. Lena Marchetti, Of Counsel (immigration subject matter expert), Calderwood & Harkness LLP
• Megan Chu, Lead Associate, Calderwood & Harkness LLP
Calderwood & Harkness LLP maintains offices at:
• 555 South Grand Avenue, 38th Floor, Los Angeles, CA 90071
• 101 California Street, 27th Floor, San Francisco, CA 94111
Notification to outside counsel should occur as soon as practicable — ideally while the site visit is underway or, at latest, immediately after the inspector's departure. If the visit involves any unusual circumstances, requests for documentation that the designated contact is unsure about, questions regarding export-controlled technology or restricted areas, or any indication of adversarial conduct by the inspector, outside counsel should be contacted immediately during the visit. Outside counsel will advise on any follow-up requests, review any documentation provided or proposed to be provided to the inspector, and coordinate the preparation of any formal responses required by USCIS.
E. Internal Executive Notification
The following OWS executives must be notified of any FDNS site visit in accordance with the timelines and procedures described below:
• Patricia Langford, General Counsel, Optiwave Semiconductor Corp. — must be notified immediately upon the arrival of an FDNS officer at any OWS facility. Ms. Langford is the Company's chief legal officer and is responsible for overseeing all interactions between OWS and government agencies. She will coordinate with Calderwood & Harkness LLP on any legal issues arising from the visit.
• Dr. Yun-Sheng Chen, Vice President of Engineering, Optiwave Semiconductor Corp. — should be notified if any engineering-line beneficiary is interviewed by the FDNS officer, if the inspector requests to observe or tour engineering work areas (including labs, cleanrooms, or design centers), or if any questions arise regarding the technical duties of a beneficiary. Dr. Chen oversees the engineering organization in which the majority of OWS's visa-holding employees are employed.
• Arvind Velathan, Chief Executive Officer, Optiwave Semiconductor Corp. — to be informed of any FDNS site visit as needed, per Patricia Langford's judgment. In general, the CEO should be informed of any site visit that results in a follow-up request, any indication of an adverse finding, or any visit that involves unusual or escalated circumstances.
IV. IMMEDIATE RESPONSE PROTOCOL — UPON ARRIVAL OF FDNS INSPECTOR
The following step-by-step protocol governs the initial response to the arrival of an FDNS officer at any OWS worksite. All reception, front desk, and security personnel must be trained on this protocol. The protocol is designed to ensure that the Company's response is prompt, professional, and cooperative while preserving OWS's rights and ensuring that appropriate internal personnel and outside counsel are notified.
A. Reception / Front Desk Procedures
The following steps must be taken by the reception, front desk, or security personnel who first encounter the FDNS officer upon arrival at the facility:
1. Greet the inspector courteously and professionally. The initial greeting sets the tone for the entire visit. The receptionist or front desk representative should greet the officer in a calm, welcoming, and professional manner, consistent with the Company's standard visitor procedures. A confrontational, evasive, or dismissive tone is never appropriate.
2. Request and examine the inspector's government-issued identification. Ask to see the officer's USCIS badge or government photo identification. Carefully note the officer's full name, title (e.g., "Immigration Officer," "Compliance Review Officer," "FDNS Officer"), and badge number. If possible, write this information down. Do not attempt to photocopy the officer's credentials without permission, but recording the information in writing is appropriate.
3. Request a business card if available. Many FDNS officers carry business cards. If a card is offered, retain it and provide it to the designated contact. If no card is available, ensure that the officer's name and contact information are recorded accurately.
4. Ask the purpose of the visit and which beneficiary or petition the visit concerns. Politely ask the officer to identify the purpose of the visit and, if applicable, the name of the beneficiary or the petition receipt number that is the subject of the visit. The inspector may or may not provide this information in advance; some officers will state the purpose immediately, while others may prefer to discuss details only with the designated company representative. Do not press the officer if the information is not volunteered.
5. Do NOT refuse entry or act uncooperatively. Under no circumstances should reception or front desk personnel refuse to allow the FDNS officer to enter the facility, ask the officer to leave, or otherwise act in an obstructive or uncooperative manner. Refusal to cooperate with an FDNS site visit can result in adverse consequences for pending and approved petitions, and may be viewed as an indicator of fraud or noncompliance. OWS's policy is one of full cooperation.
6. Immediately notify the designated primary contact. Contact Samantha Kowalski (Director of Human Resources) without delay. If Ms. Kowalski is unavailable, contact Rajesh Anand (Immigration Program Manager) as the secondary contact. At Site B (Austin) or Site C (Portland), the site-specific alternate should be contacted first and should then immediately notify Ms. Kowalski and Mr. Anand. Use the phone numbers provided on the Quick-Reference Contact Card (see Section XI).
7. Ask the inspector to wait briefly in a professional reception or conference area. It is acceptable to ask the inspector to wait in the reception area, a visitor lobby, or a conference room for a brief period — generally no more than five to ten minutes — while the designated contact is notified and arrives. Offer the officer a seat and a comfortable waiting environment. Do not leave the inspector unattended for an extended period, and do not escort the inspector to employee work areas without first connecting with the designated contact.
8. Log the visit in the reception visitor log. Record the following information in the facility's standard visitor log: the date of the visit, the time of arrival, the inspector's name, and the agency (USCIS / FDNS). This information will be used in the post-visit documentation procedures described in Section IX.
B. Designated Contact Response
Upon being notified of the FDNS officer's arrival, the designated contact (Samantha Kowalski or, in her absence, Rajesh Anand, or the site-specific alternate) should take the following steps:
1. Arrive at reception within five to ten (5–10) minutes. Promptness is important. The officer has limited time and may be conducting multiple site visits in a single day. A prompt response demonstrates OWS's professionalism and willingness to cooperate.
2. Introduce yourself by name and title. Clearly identify yourself as the Company's designated contact for immigration compliance matters. Provide the officer with your business card, if available.
3. Confirm the inspector's identity again. Verify the officer's name, title, and badge number. Ask again, if not previously disclosed, whether the visit pertains to a specific petition receipt number or beneficiary name.
4. Escort the inspector to a private conference room or office. A private meeting space allows for a focused discussion and protects the confidentiality of employee information. The conference room should be clean, professional, and equipped with adequate seating and a table for document review.
5. Offer water or similar hospitality. Normal professional courtesy — such as offering water, coffee, or tea — is appropriate and expected. This is not an adversarial encounter; it is a routine administrative visit.
6. Ask the inspector what documentation they would like to review and which employees, if any, they would like to interview. Understanding the scope of the visit at the outset allows the designated contact to compile the necessary documents and coordinate employee availability efficiently. The officer may request to review specific petition files, PAF documentation, payroll records, or other materials. The officer may also request to speak with the beneficiary, the beneficiary's supervisor, or both.
7. Begin compiling requested documents. Using the Site Visit Ready Binder (see Section V.C) and the centralized immigration case management system, begin gathering the specific documents requested by the officer. If a document is not immediately available, acknowledge the request and indicate that the document will be produced as promptly as possible.
8. Notify outside counsel (Calderwood & Harkness LLP) and Patricia Langford (General Counsel) as soon as practicable. This notification should occur as soon as the designated contact has greeted the officer and escorted the officer to a conference room — ideally by text message or brief phone call while the officer is settling in. Outside counsel does not need to be present during the visit unless unusual circumstances arise, but counsel should be informed that the visit is occurring so that real-time guidance can be provided if needed.
V. DOCUMENTATION READINESS — WHAT TO HAVE AVAILABLE
Effective documentation readiness is the cornerstone of a successful FDNS site visit. The ability to produce accurate, complete, and well-organized documentation on short notice demonstrates compliance and professionalism, and significantly reduces the risk of adverse findings. This section describes the documents that may be requested during a site visit, the requirements for PAF accessibility, and the proactive measures that OWS should take to ensure readiness at all times.
A. Documents That May Be Requested
During an FDNS site visit, the officer may request to review any or all of the following documents for the beneficiary or beneficiaries under review:
• Approved I-797 Approval Notice(s) for the relevant beneficiary or beneficiaries. The I-797 is the official USCIS notice confirming approval of the I-129 petition. The officer will use the I-797 to verify the petition receipt number, the beneficiary's name, the approved validity period, and the classification granted.
• Form I-129 Petition (copy) and all supporting documentation. The officer may request to review the Company's copy of the filed I-129 petition, including the H-1B or O-1 classification supplement, the support letter, and any attachments (e.g., the beneficiary's resume, educational credentials, expert opinion letters, or evidence of extraordinary ability).
• Certified Labor Condition Application (LCA) for the relevant petition. For H-1B petitions, the officer will want to verify that OWS has a valid, certified LCA on file for the beneficiary's position and worksite. The LCA should include the ETA Case Number, the prevailing wage determination, the offered wage, the SOC code, and the worksite address.
• Public Access File (PAF) for the beneficiary. The PAF is a mandatory collection of documents that every H-1B petitioning employer must maintain for public inspection. The PAF must include the following components:
• A copy of the certified LCA (Form ETA-9035/9035E).
• Prevailing wage documentation, including the Department of Labor ("DOL") Occupational Employment Statistics ("OES") data used to determine the prevailing wage. SOC codes currently used by OWS for its H-1B positions include 17-2072 (Electronics Engineers, Except Computer), 15-1252 (Software Developers), 17-2199 (Engineers, All Other), and 15-1211 (Computer Systems Analysts).
• The actual wage memo or determination, documenting the wage that OWS pays to all other employees in the same occupation with similar qualifications and experience at the same worksite.
• A summary of employee benefits offered to H-1B workers on the same basis as similarly situated U.S. workers in the same occupational classification.
• Evidence of notice or posting, demonstrating that OWS provided notice of the LCA filing to its employees. OWS satisfies this requirement through electronic posting on the OWS company intranet for ten (10) consecutive business days, in accordance with 20 CFR § 655.734.
• Beneficiary's job description, organizational chart, and supervisory chain. The officer may request documentation showing the beneficiary's formal job title, written job description, position within the organizational hierarchy, and the name and title of the beneficiary's direct supervisor.
• Payroll records or pay stubs demonstrating actual wages paid. The officer may request recent pay stubs or payroll records to verify that the beneficiary is receiving compensation at or above the prevailing wage and at or above the wage stated on the certified LCA. Any discrepancy between the actual wage paid and the wage represented on the LCA or petition could result in an adverse finding.
• Beneficiary's signed employment offer letter. The officer may wish to review the offer letter to confirm the job title, start date, compensation, and other terms of employment as represented in the petition.
• Evidence that the beneficiary is performing the duties described in the petition at the worksite listed on the petition. This may include project assignments, work product samples (to the extent not subject to export control restrictions), timesheets, or other documentation demonstrating that the beneficiary's actual job duties are consistent with the position described in the approved petition.
B. PAF Location and Accessibility
Public Access Files must be maintained at each worksite where H-1B workers are employed. This is a regulatory requirement under 20 CFR § 655.760. The PAF must be made available for public inspection within one (1) business day of a request. However, for purposes of FDNS site visits, immediate availability is expected and is the standard to which OWS holds itself.
The current distribution of PAF obligations across OWS's worksites is as follows:
• Site A (San Jose Headquarters): PAFs for eleven (11) H-1B workers must be maintained at this location.
• Site B (Austin Design Center): PAFs for two (2) H-1B workers must be maintained at this location.
• Site C (Portland Test Facility): A PAF for one (1) H-1B worker must be maintained at this location.
Rajesh Anand maintains complete electronic copies of all PAF documentation in OWS's centralized immigration case management system, which is accessible remotely. In addition to the electronic copies, hard copies of all PAF documents should be accessible at each site in the Site Visit Ready Binder (see Section V.C below). In the event that a hard copy is not immediately available at the site, Mr. Anand should be contacted immediately to retrieve the electronic version, which can be printed on-site.
O-1 visa holders (O-1A and O-1B) are not subject to the LCA requirement and therefore do not have Public Access File obligations. However, petition files for O-1 visa holders — including the I-797 approval notice, the I-129 petition, supporting evidence (publications, awards, media coverage, expert letters), and advisory opinion letters from the relevant peer group or labor organization — should be readily accessible and should be included in the Site Visit Ready Binder at the worksite where the O-1 beneficiary is employed.
C. Proactive Documentation Binder ("Site Visit Ready Binder")
To ensure maximum readiness for an FDNS site visit, each OWS worksite must maintain a physical binder referred to as the "Site Visit Ready Binder." This binder should be maintained in a secure but readily accessible location known to the designated site visit contact and the site-specific alternate. The binder serves as a single, comprehensive source of the documentation most likely to be requested during a site visit.
Each Site Visit Ready Binder should contain the following materials:
1. Current list of all visa-holding employees at that site. This list should include each visa holder's full legal name, current job title, visa classification (H-1B, O-1A, or O-1B), petition type (initial, extension, amendment, or transfer), petition receipt number, validity period (start and end dates), and applicable SOC code (for H-1B workers).
2. Copies of approved I-797 notices for each beneficiary at that site.
3. Copies of certified LCAs for each H-1B beneficiary at that site, including the ETA Case Number and all relevant worksite and wage information.
4. Complete PAF documentation for each H-1B beneficiary at that site, including all components listed in Section V.A above.
5. Organizational chart showing each visa holder's reporting structure, including the name and title of each visa holder's direct supervisor.
6. A copy of this FDNS Site Visit Preparedness Guide (the current version).
7. The Quick-Reference Contact Card (see Section XI).
8. The Quick-Reference Checklist — Site Visit Response Steps (see Section XII).
The Site Visit Ready Binder must be updated on a quarterly basis and must also be updated promptly upon any of the following events: a new visa-holding employee begins employment at the worksite; a visa holder's status, classification, or worksite assignment changes; a new petition is filed or approved; a petition is denied, revoked, or withdrawn; or there is any material change in job duties, compensation, or reporting structure for any visa-holding employee.
Responsibility for maintaining the Site Visit Ready Binder rests with Rajesh Anand, who serves as the coordinator for binder updates and reviews. Tanya Benavides, Paralegal at Calderwood & Harkness LLP, provides support for PAF maintenance and will assist with periodic audits of binder completeness in connection with the firm's ongoing engagement.
VI. ESCORTING THE INSPECTOR AND FACILITATING THE VISIT
A. Worksite Tour
The FDNS officer may request to tour the worksite to observe the beneficiary's work area, confirm that the position and duties described in the petition correspond to actual working conditions, and verify that the beneficiary is physically present at the location identified in the petition. Worksite tours are a common component of FDNS site visits and should be anticipated.
The designated site visit contact should escort the inspector at all times during any tour of the facility. The inspector should not be permitted to walk through the facility unaccompanied. The escort serves multiple purposes: it ensures the inspector's safety, facilitates efficient navigation of the facility, allows the designated contact to address questions in real time, and protects against inadvertent disclosure of proprietary or export-controlled information.
During the tour, the designated contact should:
• Point out the beneficiary's workstation, lab bench, office, or other primary work area, confirming that the beneficiary has a dedicated workspace at the location described in the petition.
• Confirm the beneficiary's physical presence at the worksite, if the beneficiary is present at the time of the visit. The officer will typically want to see the beneficiary at the beneficiary's workstation or in a work-related setting.
• Answer the inspector's questions truthfully and concisely. Do NOT volunteer information beyond what is specifically asked. If the officer asks a question that the designated contact is unsure how to answer, it is appropriate to say, "I would need to verify that information and can provide it shortly," and to consult with Mr. Anand or outside counsel before responding.
• If the beneficiary is not present at the worksite at the time of the visit — for example, because the beneficiary is traveling on business, working remotely on a pre-approved remote work day, on vacation, on medical leave, or temporarily assigned to a client site — the designated contact should explain the absence honestly and without evasiveness. Documentation of the reason for the absence (e.g., a travel authorization, approved remote work schedule, or vacation request) should be produced if available. Under no circumstances should the designated contact misrepresent the beneficiary's presence or whereabouts.
B. Export Control and Restricted Area Considerations
OWS's core business involves the development and manufacture of photonic integrated circuit ("PIC") technology. Certain aspects of OWS's technology portfolio involve components and applications that are adjacent to International Traffic in Arms Regulations ("ITAR") controlled items and that may have potential defense or dual-use applications. OWS maintains a Technology Control Plan ("TCP") that governs access to controlled technology, technical data, and defense-related applications in accordance with the Export Administration Regulations ("EAR") and, where applicable, ITAR.
If an FDNS officer requests access to areas of the facility that are subject to export control restrictions — including, but not limited to, laboratories containing controlled technology, cleanroom environments with restricted access, or design areas where controlled technical data is used or displayed — the designated site visit contact should take the following steps:
1. Consult with Patricia Langford (General Counsel) or outside counsel (Calderwood & Harkness LLP) before granting access to any export-controlled area. This consultation should occur promptly and should not be used as a pretext for delaying the visit unreasonably. The purpose is to ensure compliance with the TCP and with the deemed export provisions of the EAR, specifically 15 CFR § 734.2(b)(2)(ii), which defines a "deemed export" as the release or transfer of controlled technology to a foreign national within the United States.
2. Understand the scope of the officer's authority. Government inspectors with appropriate credentials generally have a right to inspect the worksite for purposes of verifying employment conditions. However, the purpose of an FDNS site visit is to verify the accuracy of information in visa petitions — not to conduct a technology review, inspect proprietary systems, or evaluate the nature of the Company's intellectual property. The designated contact should facilitate the officer's ability to observe the beneficiary's work environment while avoiding unnecessary disclosure of controlled technical data.
3. Do NOT disclose controlled technical data to the inspector. If the officer asks questions about the specific nature of the technology being developed, the designated contact should answer in general terms that are sufficient to describe the beneficiary's job duties (e.g., "This employee designs photonic integrated circuits for telecommunications applications") without disclosing controlled specifications, schematics, source code, or other technical data. If the officer presses for more detailed technical information, the designated contact should politely explain that the Company maintains a Technology Control Plan and that certain technical information is subject to export control restrictions.
4. Coordinate with Dr. Yun-Sheng Chen (VP of Engineering) if the inspector requests to tour engineering work areas. Dr. Chen is knowledgeable about the Company's TCP and can assist in navigating the balance between cooperation with the FDNS officer and compliance with export control obligations.
VII. EMPLOYEE INTERVIEW PROTOCOL — DOS AND DON'TS
A. General Principles
FDNS officers may request to interview the beneficiary (the visa-holding employee) and/or the beneficiary's direct supervisor as part of the site visit. Interviews are one of the primary tools that FDNS officers use to verify the information in petition filings, and OWS should anticipate that at least one interview will occur during most site visits.
Interviews are typically brief, lasting approximately fifteen to thirty (15–30) minutes. The questions focus on verifying core petition information, including the beneficiary's job title, daily duties, worksite, educational background, supervisor, and compensation. The officer may compare the employee's responses to the information contained in the petition file and the LCA. Consistency between the employee's statements and the petition representations is critical; material discrepancies can trigger further investigation or adverse action.
Employees have the right to have an attorney present during an interview with a government officer. However, this right is rarely exercised during routine administrative site visits conducted under the ASVVP. Requesting attorney presence may delay the process and could create an unnecessarily adversarial tone that may not be in the Company's interest during a cooperative administrative visit. OWS's general approach is to permit beneficiaries and supervisors to participate in interviews without attorney presence, provided that the employees have been trained on the interview protocols described in this section. However, if any employee requests that counsel be present, OWS will accommodate that request, and Calderwood & Harkness LLP should be notified immediately so that counsel can participate by phone or, if feasible, in person.
B. Instructions for Beneficiaries (Visa Holders)
All current H-1B and O-1 beneficiaries employed by OWS must review the following instructions and should be prepared to follow them in the event of an FDNS interview. These instructions apply to all interview settings — whether the interview occurs at the beneficiary's workstation, in a conference room, or in any other location at the worksite.
DO:
• Be honest and straightforward in all answers. Honesty is the single most important principle. FDNS officers are trained to detect inconsistencies, and any misrepresentation — even an inadvertent one — can have serious consequences, including visa revocation and potential fraud findings. If you are truthful and your answers are consistent with the information in your petition, the interview should proceed smoothly.
• Confirm your full legal name, job title, and department. The officer will begin by verifying your identity and employment details. State your name as it appears on your immigration documents, your current job title as used by OWS, and the department or group in which you work.
• Describe your daily job duties accurately and consistently with what is stated in your petition. The officer will ask you to describe what you do on a day-to-day basis. Your description should be consistent with the job duties described in the H-1B or O-1 petition filed on your behalf. You do not need to recite the petition verbatim, but your description should reflect the same general scope of work, level of responsibility, and professional activities. If your duties have evolved somewhat since the petition was filed (as is common in dynamic engineering roles), describe your current duties accurately and note that the core functions remain the same.
• Confirm your work location (address). If asked, state the address of the OWS facility where you work. This should match the worksite address listed on the petition and/or the LCA.
• Confirm your supervisor's name. State the name and title of your direct supervisor or manager.
• State your salary or compensation if asked. If the officer asks about your compensation, state your current annual salary or hourly rate accurately. This should match the wage stated on the LCA and in the petition. If you have received a raise since the petition was filed, state your current (higher) salary; a higher wage than what is stated on the petition is not a compliance issue, as the LCA wage is a floor, not a ceiling.
• Be polite and cooperative. Treat the interview as a professional conversation. Maintain a calm and respectful demeanor throughout.
DO NOT:
• Provide false or misleading information. This cannot be overstated. False statements to a government officer can result in visa revocation, denial of future immigration benefits, and potential criminal liability for fraud. Even exaggeration or embellishment should be avoided.
• Speculate or guess about legal questions. If the officer asks a question about immigration law, visa regulations, or the legal basis for your petition, you are not expected to know the answers. It is perfectly appropriate to say, "I'm not sure about the legal details — that would be a question for my employer's immigration team or our attorneys." If you do not know the answer to any question, say so rather than guessing.
• Volunteer information that is not asked for. Answer the questions that are asked, but do not provide additional information beyond the scope of the question. For example, if the officer asks about your current job duties, do not volunteer information about pending petitions, prior employers, or future career plans.
• Discuss other employees' immigration status. Do not provide information about other visa holders at OWS or about other employees' immigration matters. If asked, politely direct the officer to the designated HR contact.
• Discuss export-controlled or proprietary technical details beyond what is necessary to describe your job duties in general terms. You may describe the general nature of your work (e.g., "I design photonic integrated circuits" or "I develop signal integrity test protocols") without disclosing controlled specifications, proprietary algorithms, or classified technical data. If the officer presses for highly specific technical details, you may say, "I would need to check with my manager about what technical details I'm authorized to discuss."
• Sign any documents without first consulting with HR or counsel. If the FDNS officer asks you to sign any document — including a written statement, a declaration, or any other form — do not sign it without first consulting with Samantha Kowalski, Rajesh Anand, or Calderwood & Harkness LLP. You may politely tell the officer, "I'd like to have our HR department review this before I sign."
• Panic or become defensive. FDNS site visits and interviews are routine and administrative in nature. An interview does not mean that you are under investigation or that there is a problem with your visa status. Remaining calm and cooperative is the best approach.
C. Instructions for Supervisors / Managers
Supervisors and managers of visa-holding employees may be asked to participate in an FDNS interview to verify the beneficiary's employment conditions. All managers with H-1B or O-1 direct reports should be familiar with the following instructions.
DO:
• Confirm the beneficiary's name, title, and reporting relationship. The officer will ask you to confirm basic employment information about the visa-holding employee, including the employee's name, current job title, and the fact that the employee reports to you (or, if applicable, that the employee reports to another manager within your organization).
• Describe the beneficiary's job duties accurately and consistently with the petition. Describe the employee's day-to-day responsibilities, key projects, and professional activities. Your description should be consistent with the position description included in the H-1B or O-1 petition. If you are unsure about the specific language used in the petition, focus on providing an accurate and truthful description of the employee's actual duties; as long as the duties are substantively the same as those described in the petition, minor differences in phrasing are not problematic.
• Confirm the beneficiary's physical work location. State the address of the OWS facility where the employee works. If the employee splits time between multiple OWS locations or has traveled to a client site, describe the arrangement accurately.
• Confirm the beneficiary's start date and continued employment. State when the employee started working at OWS (or in the current position) and confirm that the employee is currently employed in the position.
• Be truthful about any changes in duties, worksite, or reporting structure since the petition was filed. If there has been a change in the employee's job duties, work location, supervisor, or organizational placement since the petition was filed, describe the change honestly. Note that material changes in job duties, worksite, or wages may have required the filing of an amended H-1B petition or a new LCA. If you are unsure whether a change was "material" or whether an amendment was filed, note the change honestly during the interview and report the issue to Rajesh Anand or outside counsel immediately after the visit for follow-up review.
DO NOT:
• Contradict information in the petition. If you are aware that there is a genuine discrepancy between the employee's actual duties or conditions and the information in the petition, do not attempt to cover up the discrepancy. However, you should note the discrepancy honestly and report it to HR and counsel immediately after the visit so that appropriate corrective action can be taken (e.g., filing an amended petition, correcting the LCA, or updating internal records).
• Discuss compensation details unless specifically asked. If the officer asks about the employee's salary or wages, you may confirm general information if you know it. However, detailed compensation questions should be referred to the designated HR contact (Samantha Kowalski or Rajesh Anand), who has access to precise payroll records and LCA wage information.
• Make statements about the Company's immigration program generally. Do not offer opinions or characterizations about OWS's overall immigration practices, the number of visa holders employed by the Company, the Company's views on immigration policy, or any other general topics. Confine your responses to the specific questions asked about the specific beneficiary under review.
• Discuss pending petitions, RFEs, or PERM applications. Information about pending or future immigration filings should not be discussed with the FDNS officer. These matters are within the purview of OWS's immigration counsel and should be addressed by counsel if they become relevant.
• Provide documents directly to the inspector. All requests for documents — whether from the supervisor's files, the employee's personnel file, or any other source — should be routed through the designated site visit contact. Do not hand over documents, personnel files, email printouts, project plans, or other materials without first consulting with the designated contact.
VIII. SPECIFIC CONSIDERATIONS FOR OWS'S CURRENT VISA PORTFOLIO
This section provides guidance specific to OWS's current population of visa-holding employees, including the Company's fourteen (14) H-1B workers, three (3) O-1A workers, and one (1) O-1B worker. Particular attention is given to pending or unusual matters that may require heightened awareness during an FDNS site visit.
A. H-1B Holders (14 Current)
OWS currently employs fourteen (14) H-1B specialty occupation workers across its three worksites:
• Site A (San Jose Headquarters): 11 H-1B workers
• Site B (Austin Design Center): 2 H-1B workers
• Site C (Portland Test Facility): 1 H-1B worker
Each H-1B holder's position, SOC code, worksite, and petition type (initial, extension, transfer, or amendment) should be readily verifiable against the PAF documentation maintained at the relevant worksite and against the records in OWS's centralized immigration case management system. The designated site visit contact should be able to confirm, for any H-1B beneficiary at the site, the following information: the beneficiary's full legal name, job title, visa classification, petition receipt number, I-797 validity dates, LCA ETA Case Number, SOC code, certified prevailing wage, actual wage paid, and worksite address.
Particular attention should be given to the following pending matters involving current H-1B holders:
Takeshi Nakamura — Signal Integrity Engineer (San Jose, Site A)
Mr. Nakamura's H-1B extension petition was filed on March 15, 2025, by OWS's prior immigration counsel, Whitfield & Parekh LLP (Kavita Parekh, Partner). Mr. Nakamura's I-94 (authorized period of stay) expired on May 31, 2025. However, Mr. Nakamura is currently authorized to continue employment with OWS under the 240-day automatic extension rule set forth at 8 CFR § 214.2(h)(2)(i)(H). This regulation provides that an H-1B worker whose employer has timely filed a nonfrivolous extension petition before the expiration of the worker's authorized stay may continue working for up to 240 days while the extension petition is pending, provided the worker has not been employed for a period in excess of six years (or falls within an exception to the six-year limit).
A Request for Evidence ("RFE") has been issued on Mr. Nakamura's extension petition. The RFE challenges the specialty occupation classification of the Signal Integrity Engineer position. Calderwood & Harkness LLP is coordinating the response to the RFE in consultation with OWS. If an FDNS officer visits the site and inquires about Mr. Nakamura, the designated contact should be prepared to:
• Confirm that Mr. Nakamura is currently employed by OWS in the Signal Integrity Engineer position and is performing duties consistent with the petition.
• Present the pending I-797C receipt notice demonstrating that the extension petition was timely filed before the expiration of Mr. Nakamura's I-94.