OPTIWAVE SEMICONDUCTOR CORP.

OPTIWAVE SEMICONDUCTOR CORP.
H-1B/O-1 WORKSITE COMPLIANCE POLICY
Policy Number: OWS-HR-IMM-2025-001
Version 1.0
Effective Date: June 16, 2025
INTERNAL — CONFIDENTIAL
Prepared by:
Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, CA 90071
Drafting Attorneys: Megan Chu, Lead Associate Dr. Lena Marchetti, Of Counsel
Approved by:
Patricia Langford General Counsel, Optiwave Semiconductor Corp.
Samantha Kowalski Director of Human Resources, Optiwave Semiconductor Corp.
Engagement Reference: SC-OWS-2025-0520-IMM
Review Cycle: Annual (Next Review Due June 2026)
TABLE OF CONTENTS
Right-click to update Table of Contents
Section 1: Purpose and Scope
1.1 Purpose
This Policy establishes the requirements, procedures, and internal controls governing the worksite placement, reassignment, relocation, and domestic and international travel of all Optiwave Semiconductor Corp. ("OWS" or the "Company") employees who hold H-1B specialty occupation visas and O-1A/O-1B extraordinary ability or extraordinary achievement visas (collectively, "visa-holding employees" or "visa holders"). The objective of this Policy is to ensure that OWS's management of its foreign national workforce conforms at all times with applicable federal immigration and labor law, and that the Company's operations do not expose OWS, its officers, or the visa-holding employees themselves to regulatory jeopardy.
Specifically, this Policy is designed to:
1.  Ensure full compliance with the Immigration and Nationality Act ("INA"), as amended, including the provisions governing H-1B nonimmigrant workers at INA § 101(a)(15)(H)(i)(b) and O-1 nonimmigrant workers at INA § 101(a)(15)(O);
2.  Ensure compliance with all applicable regulations promulgated by U.S. Citizenship and Immigration Services ("USCIS"), including 8 CFR § 214.2(h) (governing H-1B classification) and 8 CFR § 214.2(o) (governing O-1 classification);
3.  Ensure compliance with U.S. Department of Labor ("DOL") regulations governing Labor Condition Applications ("LCAs"), codified at 20 CFR Part 655, Subpart H, including but not limited to the requirements for prevailing wage attestations, worksite posting, Public Access File maintenance, and the short-term placement exception;
4.  Protect OWS from civil and criminal penalties arising from worksite placement violations, LCA non-compliance, unauthorized employment of foreign national workers, or failure to meet employer obligations upon termination of visa-holding employees;
5.  Provide clear, operationally practical guidance to OWS managers, supervisors, and human resources personnel regarding their individual responsibilities in maintaining worksite compliance; and
6.  Reflect OWS's commitment to lawful employment practices as a non-H-1B-dependent employer. As of the effective date of this Policy, OWS employs approximately 340 individuals across three physical worksites and remote locations. Of these, fourteen (14) employees hold H-1B status, representing approximately 4.12% of the total workforce — well below the 15% threshold that would classify OWS as an "H-1B-dependent employer" under INA § 212(n)(3). OWS is therefore not subject to the additional attestation obligations applicable to H-1B-dependent employers.
1.2 Scope
This Policy applies to the following categories of individuals and circumstances:
Covered Employees. This Policy covers all OWS employees currently maintaining H-1B nonimmigrant status (fourteen individuals), O-1A extraordinary ability status (three individuals), and O-1B extraordinary achievement status (one individual), for a total of eighteen (18) current visa holders. A complete roster of covered employees, including their names, titles, visa classifications, Standard Occupational Classification ("SOC") codes, assigned worksites, petition types, and validity periods, is set forth in Appendix A to this Policy.
Prospective Hires and Pending Petitions. This Policy further applies to all prospective OWS hires for whom H-1B or O-1 petitions are currently pending before USCIS or are planned for filing. As of the effective date of this Policy, OWS's FY2026 petition pipeline includes twelve (12) candidates: nine (9) cap-subject H-1B registrations, two (2) cap-exempt H-1B transfer petitions, and one (1) O-1A petition. All worksite planning for these prospective employees must comply with this Policy from the outset.
Managers, Supervisors, and HR Personnel. This Policy applies to all OWS managers, supervisors, team leads, human resources personnel, and any other OWS employee who is involved in directing, assigning, approving, or otherwise influencing the work location, travel, or placement of any visa-holding employee. Compliance with this Policy is a condition of employment and a component of managerial performance expectations.
All OWS Worksites. This Policy covers all OWS physical worksites, including the San Jose headquarters (Site A), the Austin Design Center (Site B), and the Portland Test Facility (Site C), as described in Section 3 of this Policy. It further covers all remote work arrangements, home-office locations, and any third-party or client sites where visa holders may perform services on behalf of OWS.
1.3 Effective Date and Authority
This Policy is effective as of June 16, 2025. It has been authorized and approved by Patricia Langford, General Counsel of Optiwave Semiconductor Corp., and Samantha Kowalski, Director of Human Resources of Optiwave Semiconductor Corp. This Policy supersedes any and all prior informal worksite guidelines, memoranda, email directives, or oral understandings previously in effect at OWS with respect to worksite compliance for visa-holding employees.
This Policy was drafted by Calderwood & Harkness LLP, the Company's outside immigration counsel of record, under Engagement Reference SC-OWS-2025-0520-IMM. Calderwood & Harkness LLP shall serve as the Company's primary legal resource for interpretation, application, and amendment of this Policy, and for the filing and management of all LCA and petition-related matters described herein.
Section 2: Definitions
2.1 Key Terms
For purposes of this Policy, the following terms shall have the meanings set forth below. These definitions are intended to provide operational clarity to OWS personnel who may not possess specialized immigration law expertise. In the event of any conflict between these definitions and the definitions provided in the INA, USCIS regulations, or DOL regulations, the statutory and regulatory definitions shall control.
Beneficiary. The foreign national employee on whose behalf an H-1B or O-1 petition (Form I-129, Petition for Nonimmigrant Worker) has been filed with USCIS. In the OWS context, the "beneficiary" is the visa-holding employee.
Labor Condition Application (LCA). DOL Form ETA-9035/9035E, which must be certified by the Office of Foreign Labor Certification ("OFLC") as a prerequisite for every H-1B petition filing and for every H-1B amendment that involves a change of worksite or other material change. The LCA specifies, among other things, the worksite(s) at which the H-1B worker will be employed, the prevailing wage for the occupation in the applicable geographic area, the actual wage to be paid to the worker, and the employer's attestations regarding working conditions, non-displacement of U.S. workers, notification, and non-strike/lockout status. LCA certification is also required before any H-1B extension petition may be filed with USCIS. O-1 petitions are not subject to the LCA requirement.
Primary Worksite. The physical location where the H-1B or O-1 worker spends the majority of their working time, or the "home base" from which work assignments are made and to which the worker regularly returns. For LCA purposes, the primary worksite is the location within the Metropolitan Statistical Area ("MSA") or area of intended employment identified on the certified LCA. A worker's primary worksite determines the applicable prevailing wage and the MSA for which the employer's LCA attestations are made.
Secondary Worksite. An additional OWS location, situated within a different MSA from the primary worksite, where a visa holder may be assigned to work. Assignment to a secondary worksite in a different MSA generally requires a separate or amended LCA filing and may require an H-1B amendment petition, as described in Section 4 and Section 5 of this Policy.
Short-Term Placement. A temporary worksite assignment at which an H-1B worker performs duties for no more than thirty (30) workdays within any consecutive twelve-month period, qualifying for the short-term placement exception set forth in 20 CFR § 655.735 and described in detail in Section 6 of this Policy. An extended sixty-workday exception may apply under certain circumstances as provided by the regulation.
Area of Intended Employment. The MSA, or, in the case of a location not within an MSA, the area within normal commuting distance of the worksite, within which the worksite is located, as defined by the DOL for prevailing wage determination purposes. The area of intended employment is a critical concept for determining whether a worksite change triggers new LCA obligations.
Worksite Change. Any relocation of a visa holder's principal place of employment to a new physical location outside the MSA covered by the existing certified LCA. A worksite change generally triggers the obligation to obtain a new LCA and, in the case of H-1B workers, to file an amended I-129 petition with USCIS.
Material Change. A change in the terms or conditions of the H-1B worker's employment that is sufficiently significant to trigger an amendment obligation under USCIS guidance and the Administrative Appeals Office ("AAO") decision in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015). Material changes include, but are not limited to, changes in worksite to a new MSA, changes in job duties that alter the applicable SOC code, and changes in the employer's organizational structure that affect the employment relationship.
FDNS. The USCIS Fraud Detection and National Security directorate, a component of USCIS responsible for conducting unannounced site visits to the petitioning employer's workplace to verify H-1B and O-1 employer compliance. FDNS officers may arrive without notice at any OWS worksite to confirm that the visa-holding employee is physically present, that the employee is performing the duties described in the approved petition, and that the terms and conditions of employment match the representations made in the petition and LCA filings.
Public Access File (PAF). The file that must be maintained by the H-1B employer at each worksite where H-1B workers are employed, containing the certified LCA and supporting documentation as specified in 20 CFR § 655.760. The PAF must be made available for public inspection within one (1) working day of a request. Detailed PAF maintenance requirements are set forth in Section 11 of this Policy.
SOC Code. The Standard Occupational Classification code, as published by the U.S. Bureau of Labor Statistics, used on the LCA to identify the occupation for which the prevailing wage determination is made. The SOC code must accurately reflect the H-1B worker's actual job duties and requirements. A mismatch between the SOC code on the LCA and the worker's actual duties may constitute a compliance violation.
E-Verify. The internet-based system operated jointly by USCIS and the Social Security Administration to verify the employment eligibility of newly hired employees. OWS participates in E-Verify under Company ID 1487623. While E-Verify participation is separate from H-1B and O-1 petition compliance, it forms part of OWS's broader immigration compliance infrastructure.
Section 3: Designated Optiwave Semiconductor Corp. Worksites
OWS currently operates out of three physical worksites, each located in a distinct MSA. Additionally, a subset of the OWS workforce performs work remotely, and OWS personnel occasionally perform services at third-party client sites. This Section describes each designated worksite and its relevance to the Company's immigration compliance obligations.
3.1 Site A — San Jose Headquarters (Primary)
Address: 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134
Metropolitan Statistical Area: San Jose-Sunnyvale-Santa Clara, CA
Total Employees at Site: 210
Current H-1B Workers at Site: 11
Current O-1 Workers at Site: 4 (Dr. Seo-Yeon Cho, O-1A; Dr. Vikram Iyer, O-1A; Dr. Amara Osei-Bonsu, O-1A; Luciana Moretti, O-1B)
Functions: Site A serves as the corporate headquarters of OWS and houses the Company's primary research and development operations, including photonic integrated circuit ("PIC") design, advanced engineering, photonics research, and corporate administration. The majority of OWS's visa-holding workforce is concentrated at Site A, reflecting the site's role as the Company's principal center of engineering activity.
Public Access File Location: The PAF for all H-1B workers assigned to Site A is maintained in the Human Resources office located within Suite 300. The PAF is accessible during normal business hours (8:00 a.m. to 5:00 p.m. Pacific Time, Monday through Friday) and will be made available for inspection within one (1) working day of any request, consistent with 20 CFR § 655.760.
Site Contact for Immigration Matters: Rajesh Anand, Immigration Program Manager. Mr. Anand is the primary point of contact at Site A for all immigration-related inquiries, including worksite compliance, FDNS site visit coordination, travel authorization, and communication with outside counsel.
3.2 Site B — Austin Design Center
Address: 7600 Spectrum Drive, Building 4, Austin, TX 78729
Metropolitan Statistical Area: Austin-Round Rock-Georgetown, TX
Total Employees at Site: 65
Current H-1B Workers at Site: 2 (Maria Fernanda Salinas, Embedded Systems Engineer; Rania El-Masri, Systems Architect)
Current O-1 Workers at Site: 0
Functions: Site B serves as OWS's secondary design center, with a focus on IC design, embedded systems engineering, and systems architecture. Site B operates in a distinct MSA from the San Jose headquarters, which has direct implications for LCA compliance: any H-1B worker assigned to Site B must be covered by an LCA that specifies the Austin-Round Rock-Georgetown, TX MSA, with a prevailing wage determination corresponding to that geographic area.
Public Access File Location: The PAF for H-1B workers assigned to Site B is maintained in the Site B administrative office, located in the lobby area of Building 4, 7600 Spectrum Drive, Austin, TX 78729. The PAF is accessible during normal business hours.
Site Contact for Immigration Matters: A local HR representative designated by Samantha Kowalski, Director of Human Resources, serves as the site-level immigration contact at Site B. This individual is responsible for maintaining the PAF at the Austin location, assisting with LCA posting compliance, and serving as the initial point of contact in the event of an FDNS site visit at the Austin facility.
3.3 Site C — Portland Test Facility
Address: 1425 Northwest Couch Street, Suite 200, Portland, OR 97209
Metropolitan Statistical Area: Portland-Vancouver-Hillsboro, OR-WA
Total Employees at Site: 40
Current H-1B Workers at Site: 1 (Priya Venkataraman, Packaging Engineer)
Current O-1 Workers at Site: 0
Functions: Site C houses OWS's packaging, testing, and reliability engineering operations. The facility includes laboratory and cleanroom environments used for product qualification and failure analysis. As with Site B, Site C is located in a distinct MSA from the San Jose headquarters, and any H-1B worker assigned to Site C must be covered by an LCA that specifies the Portland-Vancouver-Hillsboro, OR-WA MSA.
Public Access File Location: The PAF for H-1B workers assigned to Site C is maintained in the reception area of Suite 200, 1425 Northwest Couch Street, Portland, OR 97209. The PAF is accessible during normal business hours.
Site Contact for Immigration Matters: A local HR representative designated by Samantha Kowalski serves as the site-level immigration contact at Site C, with responsibilities analogous to those of the Site B contact.
3.4 Remote Work Locations
OWS currently has approximately twenty-five (25) employees who perform their duties from remote locations, including home offices. While the majority of these remote workers are U.S. citizens or lawful permanent residents for whom worksite location does not raise immigration compliance concerns, any remote work arrangement involving an H-1B or O-1 visa holder presents specific regulatory issues that must be addressed.
As discussed in detail in Section 8 of this Policy, a visa holder's remote work location — including a home office — may constitute a "worksite" for LCA purposes. If the remote work location is situated within a different MSA from the worksite specified on the worker's approved LCA and petition, the arrangement may require a new LCA filing and an H-1B amendment petition. All remote work arrangements for visa holders must be evaluated on a case-by-case basis in consultation with Rajesh Anand and Calderwood & Harkness LLP.
3.5 Third-Party / Client Sites
In the ordinary course of its business, OWS personnel occasionally perform installation, commissioning, or technical support services at customer data center facilities and partner locations. These third-party placements may involve visa-holding employees and must be evaluated under the short-term placement exception described in Section 6 of this Policy. If a placement at a client site exceeds the applicable short-term threshold, a new LCA and potential H-1B amendment petition will be required before the visa holder may continue to perform services at that location.
OWS maintains business relationships with range customers and technology partners that may require on-site technical work. Each such assignment involving a visa holder must be individually assessed to determine whether it constitutes a short-term placement under 20 CFR § 655.735 or, alternatively, whether it represents a new worksite requiring full LCA and petition compliance.
Historical Staffing Arrangement — Granville Staffing Solutions, Inc. OWS notes that certain H-1B employees currently on the OWS payroll were initially placed at OWS facilities through Granville Staffing Solutions, Inc. (780 Technology Drive, Suite 110, San Jose, CA 95110) prior to their conversion to direct OWS employment. Any ongoing work by these employees at Granville-associated client sites or former Granville-managed locations must be carefully documented to confirm that the employment relationship is a direct OWS relationship and not a staffing or contracting arrangement. Mischaracterization of the employment relationship could expose OWS to allegations of third-party placement violations or LCA non-compliance. Rajesh Anand and Calderwood & Harkness must be consulted before any such assignment is authorized.
Relocation Logistics. OWS has engaged Ridgeline Relocation Services LLC (Account Manager: Brenda Castillo) to handle relocation logistics for international hires, including temporary housing, shipment of personal effects, and orientation to new work locations. For extended client-site placements that require temporary relocation of a visa holder, Ridgeline Relocation Services LLC may assist with temporary housing arrangements. However, the engagement of relocation services does not substitute for compliance with the LCA and petition amendment requirements described in this Policy.
Section 4: Worksite Assignment and LCA Requirements
4.1 General Principle
The foundational principle of H-1B worksite compliance is that every H-1B worker must, at all times, be assigned to a worksite that is covered by a certified LCA. The LCA must accurately reflect the Metropolitan Statistical Area in which the worksite is located, the prevailing wage for that MSA corresponding to the worker's occupation, the SOC code applicable to the worker's actual job duties and requirements, and the actual wage offered and paid to the worker. OWS may not place, assign, or direct an H-1B worker to perform services at any worksite that is not covered by a valid, certified LCA, unless a recognized regulatory exception applies — most notably, the short-term placement exception described in Section 6 of this Policy.
For O-1 visa holders, the compliance framework differs in certain material respects. O-1 workers are not subject to the LCA requirement; there is no obligation to file an LCA with the DOL in connection with an O-1 petition. However, the O-1 petition (Form I-129) must specify the employer and the location(s) at which the beneficiary will perform services. O-1 workers must work at the location(s) indicated in their approved I-129 petition, and any material change in worksite may require the filing of an amended I-129 petition with USCIS. The worksite compliance obligations for O-1 holders are addressed further in Section 5.3 of this Policy.
4.2 SOC Codes and Prevailing Wage Standards
OWS currently utilizes the following Standard Occupational Classification codes in its LCA filings, along with the corresponding prevailing wage levels for the San Jose-Sunnyvale-Santa Clara, CA MSA:
Prevailing wage data is sourced from the DOL Online Wage Library, which draws upon Occupational Employment and Wage Statistics ("OES") survey data published by the Bureau of Labor Statistics. OWS and Calderwood & Harkness review prevailing wage data at the time of each new LCA filing to ensure that the wage levels reflect the most current data available.
All OWS offered wages currently exceed the applicable prevailing wages at all worksites by a substantial margin, as illustrated below:
OWS's consistent practice of offering compensation substantially above prevailing wage levels reduces — but does not eliminate — the risk of prevailing wage violations. Nevertheless, vigilance is required, particularly when assigning workers to worksites in different MSAs, where prevailing wage levels may differ significantly. When assigning or reassigning an H-1B worker to a different MSA (for example, from the San Jose-Sunnyvale-Santa Clara MSA to the Austin-Round Rock-Georgetown, TX MSA), a new prevailing wage determination for the destination MSA must be obtained before filing the corresponding LCA. The prevailing wage for a given SOC code and level may be higher, lower, or equivalent in the destination MSA, and the LCA must reflect the correct wage for the area of intended employment.
4.3 LCA Posting Requirements
Upon filing an LCA with the DOL, OWS must provide notice of the filing to its employees. The purpose of this notice is to inform OWS workers — including U.S. workers — of the intended employment of an H-1B worker, the occupation, the wage, and the worksite. The posting requirements are set forth in 20 CFR § 655.734 and must be satisfied before or concurrent with the submission of the LCA to the DOL.
OWS has elected electronic posting on its internal company intranet as the standard method of providing notice. Electronic posting must be maintained for a minimum of ten (10) consecutive business days. The posting must include the following information:
•  The occupation in which the H-1B worker(s) will be employed;
•  The number of H-1B workers sought;
•  The wage rate to be paid;
•  The period of employment; and
•  The location(s) of the intended worksite(s).
As an alternative to electronic posting, OWS may satisfy the notice requirement through hard-copy posting in two (2) conspicuous locations at the worksite for ten (10) consecutive business days. However, electronic posting is preferred and shall be the default method unless circumstances require otherwise.
Responsibility for Posting Compliance. Rajesh Anand, Immigration Program Manager, is responsible for coordinating the posting of LCA notices on the OWS intranet. Tanya Benavides, paralegal at Calderwood & Harkness LLP, is responsible for confirming that posting documentation is complete and properly archived in the Public Access File. For each LCA, the PAF must contain either a printout or electronic record confirming the dates on which the electronic posting was displayed and the content of the posting.
4.4 LCA Amendment Triggers
OWS must be aware of the circumstances under which a new or amended LCA must be filed with the DOL. The AAO's decision in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), together with DOL regulations, establishes that a new or amended LCA is required in the following circumstances:
1.  Worksite change to a new MSA. When the H-1B worker is assigned to a worksite located in a new MSA not covered by the existing certified LCA, a new LCA must be obtained for the new MSA before the worker commences employment at the new location, unless the short-term placement exception applies.
2.  Material change in job duties. When the H-1B worker's job duties change materially in a manner that alters the applicable SOC code — for example, if a worker classified under SOC 17-2072 (Electronics Engineers) transitions into a role more properly classified under SOC 15-1252 (Software Developers) — a new LCA reflecting the correct SOC code and corresponding prevailing wage must be filed.
3.  Reduction in offered wage. If OWS changes the offered wage to a rate below the wage previously attested on the existing LCA, a new LCA must be filed reflecting the revised wage. OWS's policy is to never reduce the wages of H-1B workers below the level attested on the LCA, but any proposed compensation adjustment for a visa holder must be reviewed by Calderwood & Harkness before implementation.
4.  Intra-MSA moves. A worksite move within the same MSA generally does not require a new LCA, as the area of intended employment remains unchanged. However, a new worksite posting is recommended as a best practice, and OWS shall provide such posting for any intra-MSA move. Managers should be aware that an intra-MSA move may nonetheless trigger an H-1B amendment petition obligation if the move is accompanied by other material changes to the terms of employment.
In addition to the LCA filing obligation, an H-1B amendment petition (Form I-129) must be filed with USCIS whenever there is a material change in the terms or conditions of the H-1B worker's employment, including but not limited to a worksite change to a new MSA. The H-1B amendment petition cannot be filed until the new LCA has been certified by the DOL. Under the engagement letter between OWS and Calderwood & Harkness LLP, the legal fee for each H-1B amendment petition is capped at $3,500 per amendment, exclusive of government filing fees and premium processing charges.
Calderwood & Harkness must be notified immediately upon any contemplated worksite reassignment, change in job duties, or other event that may constitute a material change. The internal notification procedures for such events are set forth in Section 9 of this Policy.
Section 5: Worksite Change Procedures
5.1 Permanent Reassignment to a Different OWS Site
When a business need arises to permanently reassign an H-1B or O-1 worker from one OWS worksite to another OWS worksite located in a different MSA — for example, from Site A (San Jose) to Site B (Austin) — the following step-by-step procedure must be followed:
Step 1 — Internal Notification. The hiring manager or VP of Engineering (Dr. Yun-Sheng Chen) notifies Rajesh Anand, Immigration Program Manager, and Samantha Kowalski, Director of Human Resources, of the proposed reassignment. This notification must be provided at least thirty (30) calendar days in advance of the proposed effective date of the reassignment. The notification must include the employee's name, current visa classification, current worksite, proposed new worksite, proposed start date at the new worksite, and a description of the business justification for the reassignment.
Step 2 — Notification to Outside Counsel. Rajesh Anand notifies Calderwood & Harkness LLP (primary contact: Megan Chu, Lead Associate, or Derek Okonkwo, Senior Associate) via email with a copy to Samantha Kowalski. This notification should include all information gathered in Step 1, along with the employee's current petition receipt number, LCA case number, and petition validity dates.
Step 3 — Legal Evaluation and Filing. Calderwood & Harkness evaluates whether the new worksite is located in a different MSA from the worksite specified on the existing LCA. If the answer is yes — as it will be for any move between Site A (San Jose MSA), Site B (Austin MSA), and Site C (Portland MSA) — Calderwood & Harkness undertakes the following actions:
(a) Obtains a new prevailing wage determination from the DOL Online Wage Library for the applicable SOC code and wage level in the destination MSA;
(b) Prepares and files a new LCA (Form ETA-9035/9035E) through the DOL FLAG system, specifying the new worksite address and MSA;
(c) Upon certification of the new LCA, prepares and files an H-1B amendment petition (Form I-129) with USCIS, attaching the certified LCA and supporting documentation demonstrating the continued eligibility of the beneficiary and the employer.
Step 4 — LCA Posting. Upon filing the new LCA, OWS posts the LCA notice electronically on the OWS intranet for a minimum of ten (10) consecutive business days, in accordance with the posting requirements set forth in Section 4.3 of this Policy. Rajesh Anand is responsible for initiating the posting; Tanya Benavides at Calderwood & Harkness confirms that posting documentation is properly archived.
Step 5 — PAF Documentation. Updated Public Access File documentation is created for the new worksite, including the certified LCA, prevailing wage documentation, actual wage memorandum, benefits summary, and posting confirmation. The PAF at the new worksite must be established before the worker begins employment at that location.
Step 6 — Commencement of Employment at New Worksite. The H-1B worker may commence employment at the new worksite upon (i) certification of the new LCA by the DOL and (ii) filing of the amended H-1B petition with USCIS. Importantly, the worker does not need to wait for USCIS to approve the amended petition before beginning work at the new location; the filing of the amendment triggers portability under the American Competitiveness in the Twenty-First Century Act ("AC21"), INA § 214(n), which permits the worker to begin employment in the amended capacity upon filing, provided the worker is otherwise in valid H-1B status.
Timeline. The minimum timeline from initiation of the reassignment process to LCA certification is approximately two (2) to four (4) weeks, depending on DOL processing times for the LCA through the FLAG system. If USCIS premium processing is elected for the H-1B amendment petition (current fee: $2,805), USCIS will render a decision within fifteen (15) business days of receipt. Standard processing times for H-1B amendments without premium processing are currently approximately four (4) to eight (8) months, although the worker may begin employment at the new worksite upon filing, as noted above.
5.2 Permanent Reassignment Within the Same MSA
If the reassignment involves a move within the same MSA — for example, if an H-1B worker assigned to the San Jose headquarters at 4820 Veltrano Parkway were to be relocated to a different OWS office or co-working space elsewhere within the San Jose-Sunnyvale-Santa Clara MSA — a new LCA is generally not required, as the area of intended employment remains unchanged.
However, even for intra-MSA moves, OWS shall observe the following best practices:
1.  A new worksite posting on the OWS intranet is recommended and shall be provided as a matter of OWS policy, even where not strictly required by regulation.
2.  An H-1B amendment petition may still be required if the intra-MSA move is accompanied by other material changes to the terms or conditions of employment, such as a change in job duties, reporting structure, or job title that alters the nature of the specialty occupation.
3.  Calderwood & Harkness should be consulted to confirm that no amendment obligation exists before the reassignment is effectuated.
4.  The PAF at the existing worksite should be updated to reflect the new address, if applicable.
5.3 O-1 Worksite Changes
O-1 petitions (both O-1A and O-1B) specify the petitioning employer and the worksite(s) where the beneficiary will perform services. Although O-1 workers are not subject to the LCA regime, the approved I-129 petition must accurately reflect the beneficiary's place of employment.
Any material change in the worksite of an O-1 holder — including a permanent reassignment to a different OWS facility or a change in the city or state where the worker performs services — may require the filing of an amended I-129 petition with USCIS. The determination of whether a particular change is "material" for O-1 purposes is fact-specific and should be made in consultation with Calderwood & Harkness.
Rajesh Anand must notify Calderwood & Harkness of any proposed worksite change for an O-1 holder as soon as the change is contemplated. Given that OWS currently employs four O-1 holders — all based at Site A (San Jose) — any reassignment of these individuals to Site B (Austin) or Site C (Portland) will require an amended petition analysis.
Section 6: Short-Term Placement Exception
6.1 Regulatory Framework
Under 20 CFR § 655.735, an H-1B worker may be placed at a worksite that is not listed on the worker's certified LCA for a short-term period without triggering a new LCA filing or H-1B amendment obligation, provided that certain conditions are met. This regulatory exception recognizes that the practical realities of business operations may require H-1B workers to perform duties at locations other than their primary worksite on a temporary basis, and that requiring a new LCA and petition amendment for every such temporary assignment would be administratively impracticable.
The short-term placement exception applies when the H-1B worker performs duties at a non-LCA worksite for no more than thirty (30) workdays within any consecutive twelve-month period. A "workday" for purposes of this exception is any day on which the worker performs work at the non-LCA site, regardless of the number of hours worked on that day.
An extended sixty-workday exception is available under 20 CFR § 655.735 in circumstances where the worker maintains a residence or place of abode at the primary worksite location and can demonstrate that the short-term placement creates an unreasonable expense of relocating, such as the cost of maintaining dual households. The sixty-day exception is subject to additional conditions and must be evaluated on a case-by-case basis.
6.2 OWS Application of the Exception
The short-term placement exception is of direct operational relevance to OWS in the following contexts:
Client-Site Work. OWS H-1B workers may travel to customer data center locations to perform installation, commissioning, calibration, or technical support of OWS photonic integrated circuit products. These customer sites are not listed on the workers' LCAs, and the short-term placement exception provides the regulatory basis for such temporary assignments, provided the conditions described below are satisfied.
Inter-Site Travel. The exception also applies when an H-1B worker based at one OWS site travels temporarily to another OWS site in a different MSA — for example, when a San Jose-based H-1B engineer travels to the Austin Design Center for a two-week collaborative project, or to the Portland Test Facility for product testing and qualification activities.
In all cases, the worker must continue to maintain the primary worksite identified on their LCA (for example, the San Jose headquarters) as their regular place of employment, and the short-term placement must be truly temporary in nature and not a de facto permanent reassignment.
6.3 Requirements for Short-Term Placements
To qualify for the short-term placement exception under 20 CFR § 655.735, the following conditions must be met:
1.  Continued Wage Compliance. OWS must continue to pay the H-1B worker at least the required wage — that is, the higher of the prevailing wage for the occupation in the area of the primary worksite and the actual wage paid to similarly employed OWS workers — during the entire period of the short-term placement. The worker's compensation may not be reduced on account of the temporary assignment.
2.  Workday Limits. OWS may not place the H-1B worker at the short-term site for more than thirty (30) workdays within any consecutive twelve-month rolling period. If the extended exception is being relied upon, the limit is sixty (60) workdays within any consecutive twelve-month rolling period, subject to the additional conditions specified in the regulation. OWS shall use the thirty-day limit as the default threshold unless Calderwood & Harkness has confirmed in writing that the sixty-day exception applies to a specific worker and placement.
3.  Travel, Lodging, and Subsistence. OWS must pay or reimburse the H-1B worker's reasonable travel expenses, lodging costs, and subsistence (per diem) expenses incurred during the short-term placement. These expenses must not be deducted from the worker's wages. OWS's existing travel and expense reimbursement policies apply, and all reimbursements must be documented.
4.  Detailed Tracking. OWS must maintain detailed tracking records for each H-1B worker who travels to a non-LCA worksite, including the specific dates of work at the site, the number of workdays accrued, and the cumulative count for the rolling twelve-month period. The tracking methodology is described in Section 6.4 below.
6.4 Tracking and Documentation
Rajesh Anand, Immigration Program Manager, is responsible for maintaining a Short-Term Placement Tracking Log for each H-1B worker who performs work at any non-LCA worksite. The log must include the following data elements for each placement:
•  Worker name and visa classification;
•  Primary worksite address and MSA;
•  Short-term site address and MSA;
•  Specific date(s) of work performed at the short-term site;
•  Number of workdays at the short-term site for each trip;
•  Cumulative total of workdays at the short-term site within the rolling twelve-month period;
•  Whether the worker is approaching the thirty-day threshold (or sixty-day threshold, if applicable); and
•  Any relevant notes or comments.
A template for the Short-Term Placement Tracking Log is provided in Appendix C to this Policy.
Threshold Alerts. If a worker's cumulative count at any single non-LCA worksite reaches twenty (20) workdays within a rolling twelve-month period, Rajesh Anand must notify Calderwood & Harkness immediately so that a new LCA and potential H-1B amendment petition can be prepared in advance. The goal is to ensure that compliance filings are completed before the worker reaches the thirty-day limit, thereby avoiding any period of non-compliance.
Retention of Logs. Short-term placement tracking logs must be retained as part of OWS's immigration compliance documentation and are subject to review during DOL audits, WHD investigations, or FDNS site visits. Logs should be retained for a minimum of one (1) year beyond the end of the H-1B validity period or one (1) year beyond the last date of the worker's employment with OWS, whichever is later.
Section 7: Travel Policies for Visa Holders
7.1 Domestic Business Travel
H-1B and O-1 workers may engage in routine domestic business travel — including attendance at conferences, professional meetings, internal training sessions, and industry trade shows — without triggering new LCA or petition obligations, provided that the travel does not constitute a worksite change or short-term placement as defined in this Policy.
Attendance at conferences, trade shows, seminars, or professional events where the visa holder is participating as an attendee, presenter, or panelist, and is not performing productive work for OWS at a specific client or third-party worksite, generally does not implicate LCA obligations. Such activities are considered incidental to the worker's employment and do not constitute work performed at a new "worksite" for LCA purposes.
However, managers should exercise caution when assigning visa holders to domestic travel that may blur the line between attendance at events and productive work at a client or third-party location. In the event of uncertainty, managers should consult with Rajesh Anand before authorizing the travel. As a general guideline, managers should consult with Rajesh Anand before assigning any visa holder to extended domestic travel exceeding five (5) consecutive business days, to ensure that the travel is properly characterized and that short-term placement tracking, if applicable, is initiated.
7.2 International Travel
International travel by visa-holding employees raises important considerations related to visa validity, port-of-entry admissibility, and re-entry documentation. All H-1B and O-1 workers must observe the following requirements before departing the United States on international travel:
1.  Visa Stamp Validity. The worker must confirm that their visa stamp (the physical visa foil in their passport) is valid for re-entry to the United States. If the visa stamp has expired, the worker must schedule a consular appointment for visa stamp renewal before departing the U.S. Workers should be aware that consular processing times vary significantly by country and post, and that delays or administrative processing at the consulate may prevent timely return to the United States.
2.  Travel Documentation. Workers should carry the following documents when traveling internationally:
(a) A copy of their approved I-797 Approval Notice (or receipt notice, if an extension or amendment is pending);
(b) A current I-94 Arrival/Departure Record (printable from the CBP I-94 website);
(c) An unexpired passport with at least six (6) months of validity beyond the anticipated date of return to the United States; and
(d) A copy of the most recent certified LCA (for H-1B workers).
3.  Advance Notification. Rajesh Anand should be notified of all planned international travel by visa holders at least fourteen (14) calendar days in advance of the departure date. This lead time allows OWS and Calderwood & Harkness to identify any potential issues, such as an expired visa stamp, a pending extension that may affect automatic extension eligibility, or the need for a travel letter from OWS.
4.  Advisory Support. Calderwood & Harkness can provide advisory support for visa stamp renewal appointments, preparation of travel letters, and review of entry documentation. Workers who anticipate consular processing should contact Rajesh Anand, who will coordinate with Calderwood & Harkness as needed.
7.3 Travel to Client/Partner Facilities
When visa holders travel to third-party client or partner facilities to perform installation, commissioning, calibration, or technical support services, the short-term placement exception (Section 6) must be evaluated for each such assignment. OWS maintains business relationships with various customers that may require on-site work at data center locations, manufacturing facilities, or research laboratories. Each assignment of a visa holder to a third-party site must be evaluated individually by Rajesh Anand and, where necessary, by Calderwood & Harkness to determine whether the short-term placement exception applies or whether a new LCA and H-1B amendment are required.
Granville Staffing Solutions, Inc. As noted in Section 3.5, certain OWS H-1B employees were initially placed at OWS through Granville Staffing Solutions, Inc. (780 Technology Drive, Suite 110, San Jose, CA 95110) before being converted to direct OWS hires. Any ongoing or proposed work by these employees at Granville-associated client sites must be carefully documented and evaluated to confirm that the current employment relationship is a direct OWS employment relationship and not a continuation of, or reversion to, a staffing arrangement. This distinction is critical because the LCA obligations, worksite specifications, and employer attestations differ depending on whether the petitioning employer is OWS or Granville. If any ambiguity exists regarding the nature of the employment relationship for a particular assignment, the matter must be escalated immediately to Calderwood & Harkness.
Ridgeline Relocation Services LLC. For extended client-site placements that require temporary relocation of a visa holder, OWS may engage Ridgeline Relocation Services LLC (Account Manager: Brenda Castillo) to assist with temporary housing and logistical support. The engagement of relocation services does not affect the immigration compliance analysis and is separate from the LCA and petition requirements.
Section 8: Remote Work Policy for Visa Holders
8.1 General Remote Work Guidelines
OWS currently has approximately twenty-five (25) employees performing their duties from remote locations, reflecting the Company's flexible work arrangements. However, remote work for H-1B visa holders raises specific compliance concerns that do not apply to U.S. citizen or lawful permanent resident employees.
An H-1B worker's home office may constitute a "worksite" for LCA purposes if the worker regularly performs work from that location. The DOL has indicated that a worker's home address is considered a worksite if the worker regularly works from home, as opposed to occasional or incidental telework.
The critical compliance question is whether the home office is located within the same MSA as the worksite specified on the worker's approved LCA:
•  Same MSA. If the home office is within the same MSA as the approved LCA worksite — for example, if an H-1B worker approved for the San Jose-Sunnyvale-Santa Clara MSA maintains a home office in Sunnyvale or Mountain View — remote work generally does not trigger a new LCA filing. The area of intended employment remains unchanged.
•  Different MSA. If the home office is in a different MSA from the approved LCA worksite — for example, if an H-1B worker approved for the San Jose MSA resides and works remotely from a home office in Sacramento (Sacramento-Roseville-Folsom, CA MSA) — a new LCA for the home-office MSA and an H-1B amendment petition are required. The worker may not begin remote work from the new MSA until these filings are completed.
All remote work arrangements for H-1B visa holders must be evaluated on a case-by-case basis. No H-1B worker may begin working remotely from a new location without prior approval through the notification chain described in Section 9.
8.2 Hybrid Work Arrangements
OWS permits hybrid work arrangements that combine in-office and remote work. Many OWS employees, including certain visa holders, work from the office on designated days and from home on other days. For H-1B workers participating in hybrid arrangements, the following guidelines apply:
1.  The worker must maintain their primary assignment at an LCA-covered worksite. The hybrid arrangement should not alter the fundamental character of the worker's assignment to a specific OWS facility.
2.  Periodic telework from a home office located within the same MSA as the approved LCA worksite does not create a new worksite obligation. For example, an H-1B worker assigned to the San Jose headquarters who works from home two days per week from a residence in San Jose does not require a new LCA.
3.  Managers may not unilaterally approve a permanent remote-work arrangement for a visa holder — that is, an arrangement under which the visa holder would no longer regularly report to an LCA-covered worksite — without consulting Rajesh Anand and Calderwood & Harkness. A permanent shift to remote work may constitute a material change in employment requiring an amended LCA and petition.
4.  If a hybrid arrangement gradually evolves such that the worker is spending the majority of their time working remotely from a location in a different MSA, OWS must treat the remote location as the worker's primary worksite and take appropriate compliance action.
8.3 O-1 Remote Work Considerations
O-1 workers are not subject to LCA requirements, and therefore the MSA-based analysis applicable to H-1B workers does not apply in the same manner. However, the approved I-129 petition for an O-1 worker identifies the petitioning employer's principal place of business and the location(s) where the beneficiary will render services.
Material changes to an O-1 worker's location of employment — such as a permanent transition from in-office work at the San Jose headquarters to full-time remote work from a different state — may require the filing of an amended I-129 petition with USCIS. The determination of whether a change is sufficiently "material" to require an amendment is fact-specific and should be made in consultation with Calderwood & Harkness.
OWS should consult Calderwood & Harkness before approving any permanent remote-work arrangement for O-1 holders, including the Company's four current O-1 beneficiaries: Dr. Seo-Yeon Cho, Dr. Vikram Iyer, Dr. Amara Osei-Bonsu, and Luciana Moretti.
Section 9: Notification and Approval Procedures
9.1 Internal Notification Chain
The integrity of OWS's worksite compliance program depends upon consistent, advance communication between managers, HR, and outside counsel regarding any proposed changes to the work location, assignment, or travel of visa-holding employees. Accordingly, any OWS manager, supervisor, or team lead who is contemplating the reassignment, relocation, or extended travel of an H-1B or O-1 worker must notify the following persons before making or communicating any change to the affected employee:
1.  Rajesh Anand, Immigration Program Manager — First point of contact. Notification should be made by email and, for time-sensitive matters, supplemented by phone. Mr. Anand is responsible for initial assessment of the compliance implications and for coordinating with outside counsel.
2.  Samantha Kowalski, Director of Human Resources — Must be notified concurrently with or immediately following notification to Mr. Anand. Ms. Kowalski oversees the HR compliance aspects of the change, including PAF updates, I-9 considerations, and coordination with Sentinel Background Verification Corp.
3.  Patricia Langford, General Counsel — Must be notified for material changes, policy questions, or any situation with potential legal risk, including proposed terminations, constructive terminations, or situations that may implicate export control regulations.
Upon receiving notification, Rajesh Anand will contact Calderwood & Harkness LLP (primary contact: Megan Chu, Lead Associate, at 101 California Street, 27th Floor, San Francisco, CA 94111) to initiate the legal evaluation and, if necessary, the filing process. No worksite change may be effectuated until Calderwood & Harkness has confirmed that the appropriate filings have been completed or that no filing obligation exists.
9.2 Required Lead Times
The following minimum advance notification periods apply:
These lead times are minimums. Managers are encouraged to provide as much advance notice as possible, particularly for permanent reassignments that will require new LCA filings and H-1B amendment petitions, as DOL and USCIS processing times may affect the timeline for the worker's transition to the new worksite.
9.3 Prohibition on Unilateral Action
No OWS manager, supervisor, team lead, or other employee may direct an H-1B or O-1 worker to report to a new worksite, begin remote work from a new MSA, or travel internationally without completing the notification chain described in Section 9.1 above. This prohibition applies regardless of the urgency of the business need, the duration of the proposed change, or the seniority of the manager.
Violations of this policy may result in LCA non-compliance, which can expose OWS to DOL enforcement actions, fines, and program debarment. Violations may also jeopardize the visa-holding worker's immigration status, potentially resulting in a finding that the worker is out of status or has engaged in unauthorized employment. These consequences can be severe and are often irreversible.
Managers who repeatedly violate this policy will have the violations documented in their personnel files and may be subject to progressive disciplinary action, up to and including termination of employment. OWS takes worksite compliance with the utmost seriousness, and adherence to these notification procedures is a non-negotiable component of managerial responsibility.
Section 10: Manager and Supervisor Responsibilities
10.1 General Obligations
All managers and supervisors who oversee one or more H-1B or O-1 workers bear direct responsibility for ensuring that the worksite compliance requirements of this Policy are observed within their teams. This responsibility is not delegable to the visa-holding employees themselves; the obligation to maintain LCA compliance rests with the employer, not the employee.
At a minimum, managers and supervisors must:
1.  Understand the worksite compliance requirements set forth in this Policy, including the LCA and petition amendment triggers described in Section 4.4 and the worksite change procedures described in Section 5;
2.  Attend the annual immigration compliance training conducted by Calderwood & Harkness LLP (Dr. Lena Marchetti, Of Counsel, Immigration & Global Mobility practice). The estimated cost of this training is $35,000 to $45,000 per year, billed on an hourly basis under the existing engagement agreement. The training covers worksite compliance, FDNS site visit preparedness, LCA obligations, and export control coordination;
3.  Be familiar with which of their direct reports hold visa status (H-1B, O-1A, or O-1B) and the approved worksite for each visa-holding employee;
4.  Consult with Rajesh Anand before making any decision that could affect the work location, travel, or assignment of a visa-holding employee; and
5.  Cooperate fully with FDNS officers during unannounced site visits, as described in Section 10.3 below.
10.2 Responsibilities of Key Personnel
Dr. Yun-Sheng Chen, VP of Engineering. Dr. Chen has overall responsibility for engineering team worksite assignments across all three OWS facilities. In his capacity as the senior engineering leader, Dr. Chen must approve any proposed reassignment of an engineering visa holder between worksites and must sign technical attestation letters and support letters used in connection with H-1B and O-1 petition filings. Dr. Chen must ensure that engineering managers within his organization are trained on and compliant with this Policy.
Samantha Kowalski, Director of Human Resources. Ms. Kowalski oversees I-9 compliance across the organization, Public Access File maintenance at all three OWS worksites, and coordination with Sentinel Background Verification Corp. (Account Lead: Tyler Ng; OWS E-Verify Company ID 1487623). Ms. Kowalski is responsible for ensuring that PAFs are current and complete, that I-9 records are properly maintained, and that E-Verify cases are timely created for all new hires. She serves as the primary point of contact for FDNS site visits and is the designated representative authorized to receive and respond to DOL audit inquiries.
Rajesh Anand, Immigration Program Manager. Mr. Anand is responsible for the day-to-day operational aspects of OWS's immigration compliance program, including tracking of visa holder worksites, maintenance of Short-Term Placement Tracking Logs, immigration-related deadline management (petition expirations, extension filing deadlines, and LCA validity periods), and coordination with Calderwood & Harkness on all petition and LCA matters. Mr. Anand is the primary contact for FDNS site visit protocols and is responsible for ensuring that the Company can demonstrate compliance during any unannounced inspection.
All Direct Supervisors of Visa Holders. Every OWS employee who directly supervises one or more visa-holding workers is responsible for confirming the visa holder's worksite location upon hire and upon any change in assignment. Direct supervisors must promptly report any travel or assignment changes affecting visa holders to Rajesh Anand in accordance with the notification procedures described in Section 9 of this Policy.
10.3 Responsibility for FDNS Site Visit Readiness
OWS has been the subject of two FDNS site visits at its San Jose headquarters:
•  November 8, 2023 (San Jose): FDNS officers conducted an unannounced visit to verify the employment of two H-1B workers. Both workers were present at the worksite, and the visit resulted in no adverse findings.
•  February 12, 2025 (San Jose): FDNS officers conducted a second unannounced visit to verify the employment of one H-1B worker and one O-1A worker. Both workers were present, and the visit again resulted in no adverse findings.
These successful outcomes reflect OWS's commitment to compliance and its readiness to demonstrate that visa-holding employees are employed as represented in their petitions. All managers and site contacts must remain familiar with the FDNS Site Visit Preparedness Guide & Protocol, a separate OWS document that provides detailed instructions for responding to unannounced FDNS visits, including procedures for greeting FDNS officers, identifying the workers subject to the visit, locating relevant documentation, and escalating to Samantha Kowalski and Rajesh Anand.
Samantha Kowalski serves as the primary site visit contact, and Rajesh Anand serves as the secondary contact. In the event that neither Ms. Kowalski nor Mr. Anand is available at the time of a site visit, the most senior HR representative present at the affected worksite shall assume responsibility for facilitating the visit.
Visa holders must be physically present at the worksite indicated on their petition during their normal working hours. Any deviation from this requirement — including temporary assignments, travel, or remote work — must follow the procedures set forth in Sections 5, 6, 7, and 8 of this Policy. An FDNS visit during which the visa holder is not present at the expected worksite, without proper documentation of a legitimate absence, may result in adverse findings and potential petition revocation.
Section 11: Recordkeeping and Public Access File Obligations
11.1 PAF Maintenance at Each Worksite
The DOL requires H-1B employers to maintain a Public Access File at each worksite where H-1B workers are employed. The PAF must be made available for public inspection within one (1) working day of any request. OWS currently maintains PAFs at the following locations:
•  Site A (San Jose): PAF for eleven (11) H-1B workers, maintained in the Human Resources office, Suite 300, 4820 Veltrano Parkway, San Jose, CA 95134.
•  Site B (Austin): PAF for two (2) H-1B workers, maintained in the Site B administrative office, Building 4, 7600 Spectrum Drive, Austin, TX 78729.
•  Site C (Portland): PAF for one (1) H-1B worker, maintained in the reception area, Suite 200, 1425 Northwest Couch Street, Portland, OR 97209.
Each PAF must contain the following documents, as required by 20 CFR § 655.760:
1.  Certified LCA (Form ETA-9035/9035E). A copy of the certified LCA, including all pages and the DOL certification stamp or electronic certification confirmation.
2.  Prevailing Wage Documentation. A printout from the DOL Online Wage Library or a copy of a Prevailing Wage Determination ("PWD") issued by the OFLC National Prevailing Wage Center, establishing the prevailing wage for the relevant SOC code and wage level in the applicable MSA.
3.  Actual Wage Memorandum. A memorandum or document establishing the actual wage paid to similar