CONFIDENTIAL — ATTORNEY-CLIENT PRIVILEGED COMMUNICATION
CALDERWOOD & HARKNESS LLP 555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Telephone: (213) 555-8400 Facsimile: (213) 555-8401 www.calderwoodharkness.com
June 1, 2025
Via Email and U.S. Mail
Patricia Langford, Esq. General Counsel Optiwave Semiconductor Corp. 4820 Veltrano Parkway, Suite 300 San Jose, California 95134
Re: Initial Program Assessment & Recommendations — Employment-Based Visa Program (H-1B/O-1)
Engagement Reference: SC-OWS-2025-0520-IMM
Dear Ms. Langford:
I. Introduction & Purpose of Letter
Calderwood & Harkness LLP ("C&H") is pleased to provide this initial assessment following commencement of our engagement as outside immigration counsel to Optiwave Semiconductor Corp. ("OWS" or the "Company"). This letter is issued pursuant to the executed engagement letter dated May 20, 2025 (Ref: SC-OWS-2025-0520-IMM), which formally established C&H as the Company's legal counsel for all employment-based immigration matters, including visa petition preparation and filing, regulatory compliance advisory, green card sponsorship, and related strategic counseling.
The purpose of this letter is fourfold. First, we provide a comprehensive overview of OWS's current immigration program, including a detailed census of all active visa holders and their petition status. Second, we identify critical near-term deadlines requiring immediate attention, several of which are time-sensitive and carry significant consequences if missed. Third, we report on the status of the file transition from OWS's prior immigration counsel, Whitfield & Parekh LLP, including any gaps in information that must be resolved. Fourth, we set forth recommended immediate action items, prioritized by urgency and strategic importance, to ensure continuity of the Company's immigration program and compliance posture during this transition period.
The C&H engagement team assigned to the OWS matter consists of the following professionals:
• Nathaniel Bower, Partner — Responsible Partner for the engagement, with overall supervisory authority and strategic direction
• Colette Whitman, Partner — Billing Partner, responsible for financial management of the engagement, fee inquiries, and invoice coordination
• Megan Chu, Lead Associate — Day-to-day point of contact for OWS, responsible for petition preparation, RFE responses, and case management
• Derek Okonkwo, Working Associate — Supporting associate for petition filings, LCA certifications, compliance projects, and research
• Dr. Lena Marchetti, Of Counsel — Immigration & Global Mobility specialist, available for complex advisory matters including extraordinary ability petitions, export control intersections, and multinational workforce strategies
• Tanya Benavides, Paralegal — Case file management, deadline tracking, inventory coordination, and administrative filing support
We note at the outset that this letter is based on our preliminary review of available files and information provided by OWS's internal team, including Rajesh Anand (Immigration Program Manager), Samantha Kowalski (Director of Human Resources), and Dr. Yun-Sheng Chen (VP of Engineering). Our analysis will be supplemented following completion of the file transfer from Whitfield & Parekh LLP, which is currently in progress with a target completion date of June 15, 2025. Certain assessments and recommendations contained herein are therefore preliminary and subject to revision upon receipt and review of the complete case files.
II. Company Overview & Immigration Program Context
A. Company Profile
For purposes of establishing the factual foundation for all pending and future immigration filings, we summarize below the relevant corporate and operational details of Optiwave Semiconductor Corp.:
Corporate Structure and Registration. Optiwave Semiconductor Corp. is a Delaware corporation, incorporated on March 14, 2017, and qualified to do business in the States of California, Texas, and Oregon. The Company's registered agent in Delaware is Capitol Registered Agents Inc., located at 1209 Orange Street, Wilmington, Delaware 19801. The Company's federal employer identification number (EIN/FEIN) is 82-4931076.
Headquarters and Principal Office. OWS maintains its corporate headquarters at 4820 Veltrano Parkway, Suite 300, San Jose, California 95134. This facility serves as the Company's primary administrative, engineering, and research hub.
Industry and Business Operations. OWS operates in the semiconductor and advanced hardware sector, specializing in the design and fabrication of photonic integrated circuits ("PICs") for data center interconnects. The Company's core competency is the development of silicon photonics and indium phosphide-based PIC platforms that enable high-bandwidth, low-latency optical communication within and between hyperscale data centers. The applicable North American Industry Classification System (NAICS) code is 334413 — Semiconductor and Related Device Manufacturing.
E-Verify Enrollment. OWS is enrolled in the E-Verify program administered by the U.S. Department of Homeland Security and the Social Security Administration. The Company's E-Verify Company ID is 1487623. OWS verifies the employment eligibility of all new hires through E-Verify within three business days of the employee's start date, consistent with program requirements.
Financial Profile. For fiscal year 2024, OWS reported annual revenue of approximately $187.4 million, as reflected in the audited financial statements prepared by Pendleton Accounting Group LLP (engagement partner Marcus Hensley, CPA). This revenue figure is relevant to the Company's ability to pay the proffered wages for all sponsored visa holders, a threshold requirement for both H-1B petitions and PERM applications.
Ownership and Governance. The majority equity holder of OWS is Crestline Ventures Fund IV, LP, which acquired a 62.4% equity stake in OWS on September 15, 2022. Crestline Ventures Fund IV, LP is managed by its general partner, Crestline Ventures Management IV, LLC, whose Managing Partner is Howard Driscoll. Crestline Ventures holds two of five seats on the OWS Board of Directors. This ownership structure is relevant to the Company's corporate genealogy for immigration filings and may be implicated in any future intra-company transfer (L-1) analysis if OWS establishes affiliated international entities.
Chief Executive Officer. The Company's CEO is Arvind Velathan, who has served in that capacity since the Company's founding.
B. Workforce Snapshot
Based on information provided by OWS's internal team, the Company's current workforce is structured as follows:
Total Employees: Approximately 340 full-time equivalent employees, distributed across three physical worksites and a remote workforce:
• Site A — San Jose Headquarters (4820 Veltrano Parkway, Suite 300, San Jose, CA 95134): Approximately 210 employees, including 11 H-1B nonimmigrant workers and all 4 O-1 nonimmigrant workers.
• Site B — Austin Design Center (7600 Spectrum Drive, Building 4, Austin, TX 78729): Approximately 65 employees, including 2 H-1B nonimmigrant workers.
• Site C — Portland Test Facility (1425 Northwest Couch Street, Suite 200, Portland, OR 97209): Approximately 40 employees, including 1 H-1B nonimmigrant worker.
• Remote Employees: Approximately 25 employees located at various home offices throughout the United States.
H-1B Dependency Status. Under INA § 212(n)(3), an employer is classified as "H-1B dependent" if H-1B workers constitute 15% or more of the employer's full-time equivalent workforce (for employers with 51 or more employees). With 14 H-1B holders out of a total workforce of approximately 340 employees, OWS's H-1B workforce constitutes approximately 4.12% of total employees. OWS is therefore classified as a non-dependent employer, which exempts the Company from certain additional attestation requirements on the Labor Condition Application, including the obligations relating to displacement of U.S. workers and secondary displacement through placement at other employer worksites. This non-dependent status is a meaningful compliance advantage and should be monitored as the Company's workforce composition evolves.
C. Prior Counsel Relationship
Whitfield & Parekh LLP, under the direction of Partner Kavita Parekh, served as OWS's immigration counsel from June 1, 2019 through April 30, 2025. During that approximately six-year period, Whitfield & Parekh managed all of the Company's H-1B and O-1 petition filings, PERM labor certification applications, LCA compliance, and general immigration advisory matters.
The transition of immigration counsel from Whitfield & Parekh to C&H was occasioned by two related factors. First, Whitfield & Parekh communicated to OWS in early 2025 that the firm was experiencing capacity constraints that limited its ability to support OWS's expanding immigration program at the level of service the Company required. Second, Crestline Ventures, as majority equity holder, has undertaken a portfolio-wide consolidation of outside counsel relationships across its portfolio companies to achieve integrated corporate-immigration advisory capabilities under a single law firm platform. C&H serves as immigration counsel to several other Crestline Ventures portfolio companies, making this transition a natural extension of the existing platform relationship.
The transition from Whitfield & Parekh is cooperative in nature, and no adverse relationship exists between C&H and Whitfield & Parekh LLP. We anticipate continued professional cooperation with Ms. Parekh and her team throughout the file transfer process and during any overlap period on pending matters.
III. Current Visa Portfolio — Summary
A. Overview
OWS currently sponsors a total of eighteen (18) active nonimmigrant visa holders, comprising:
• Fourteen (14) H-1B specialty occupation workers (classified under INA § 101(a)(15)(H)(i)(b)); and
• Four (4) O-1 extraordinary ability/achievement workers, of which three (3) hold O-1A classification (extraordinary ability in the sciences and engineering) and one (1) holds O-1B classification (extraordinary achievement in the arts — UX/industrial design).
In addition to the nonimmigrant visa portfolio, seven (7) current visa holders have approved or pending permanent labor certification (PERM) applications, forming the nucleus of the Company's green card sponsorship pipeline. These matters are discussed further in Section III.D below.
B. H-1B Holders (14)
The following table provides a comprehensive summary of all fourteen (14) current H-1B nonimmigrant workers sponsored by OWS:
SOC Code Notes. The Standard Occupational Classification codes utilized by OWS in its H-1B program reflect the Company's core engineering disciplines. SOC 17-2072 (Electronics Engineers, Except Computer) is the predominant classification, applied to the majority of the Company's hardware and circuit design engineering positions. SOC 15-1252 (Software Developers) is used for positions that are primarily software-focused but operate within the semiconductor hardware context, such as FPGA verification, test automation, and DevOps/CI-CD engineering. SOC 17-2199 (Engineers, All Other) has been mapped to photonics engineering positions, which do not have a dedicated SOC code and are appropriately classified under this residual category. SOC 15-1211 (Computer Systems Analysts) has been used for two junior-level positions, including Rania El-Masri's Systems Architect role, which warrants further review to confirm the appropriateness of this classification given the seniority and technical scope of the position. C&H will evaluate whether a reclassification to a more appropriate SOC code may be warranted for Ms. El-Masri's role upon review of the complete position description and the underlying LCA.
C. O-1 Holders (4)
The following table summarizes OWS's four (4) current O-1 nonimmigrant workers:
The O-1A holders represent OWS's most senior technical talent and are critical to the Company's competitive position in the photonic integrated circuit market. Each of these individuals has demonstrated extraordinary ability in their respective scientific or engineering fields, as evidenced by sustained national or international acclaim, significant publication records, and recognized contributions to the advancement of photonics technology. Dr. Vikram Iyer's O-1A petition will be the first among this group to require extension, with his current status expiring on May 14, 2026, as discussed further in Section V.E below.
Luciana Moretti holds O-1B classification based on extraordinary achievement in the arts, specifically in UX and industrial design for semiconductor packaging and system interface applications. The O-1B classification applies to individuals in the arts (including the motion picture or television industry), and Ms. Moretti's petition was supported by evidence of her distinction in industrial design, including recognized awards, significant exhibitions, and critical acclaim for her portfolio of human-machine interface designs in the semiconductor industry.
D. PERM / Green Card Pipeline
Seven (7) of the Company's current visa holders have approved or pending Permanent Labor Certification (PERM) applications, forming the foundation of OWS's immigrant visa (green card) sponsorship pipeline. These cases are summarized as follows:
• Dr. Ankit Mehrotra — PERM approved, priority date 03/15/2024 (EB-2, Advanced Degree Professional)
• Sunita Raghavan — PERM approved, priority date 06/01/2024 (EB-2, Advanced Degree Professional)
• Jae-Won Park — PERM approved, priority date 11/20/2023 (EB-2, Advanced Degree Professional)
• Hyun-Soo Kim — PERM approved, priority date 02/28/2024 (EB-3, Skilled Worker)
• Chen Xiaoming — PERM approved, priority date 04/05/2024 (EB-2, Advanced Degree Professional)
• Arjun Krishnamurthy — PERM filed, priority date 07/22/2023 (EB-2, Advanced Degree Professional); currently under DOL audit — files to be reviewed upon transfer from Whitfield & Parekh LLP
• Takeshi Nakamura — Pending EB-1B (Outstanding Researcher) petition with priority date 09/10/2022; this case does not require a PERM application, as the EB-1B category is exempt from the labor certification requirement
The Krishnamurthy PERM audit is a matter of particular concern, as DOL audits can result in delays, requests for additional documentation, or, in certain cases, denial of the labor certification. C&H will prioritize review of this file immediately upon its receipt from Whitfield & Parekh LLP and will provide a separate memorandum analyzing the audit issues and recommending a response strategy.
The Nakamura EB-1B outstanding researcher petition requires close coordination with the pending H-1B extension, as discussed in detail in Section V.A below.
IV. FY2026 Pipeline — New Petitions
A. Overview
In addition to the existing portfolio of 18 active visa holders, OWS has a pipeline of twelve (12) prospective candidates for new visa petitions in connection with the FY2026 immigration cycle:
• Nine (9) H-1B cap-subject candidates, for whom electronic registrations were submitted on March 7, 2025 for the FY2026 H-1B lottery;
• Two (2) H-1B cap-exempt transfer candidates, who are not subject to the annual H-1B cap and may be petitioned at any time; and
• One (1) O-1A new petition candidate, who is currently located outside the United States and will require consular processing.
B. H-1B Cap-Subject Candidates — Lottery Results (April 1, 2025)
USCIS conducted the FY2026 H-1B cap selection process and notified petitioners of the lottery results on or about April 1, 2025. Of OWS's nine registrations, five (5) were selected and four (4) were not selected.
Selected Candidates (5):
Each of these candidates is currently employed by OWS pursuant to F-1 Optional Practical Training (OPT) or OPT STEM Extension employment authorization. Their I-129 petitions must be filed within the 60-day filing window established by USCIS, resulting in a filing deadline of June 30, 2025. The preparation and timely filing of these five petitions is discussed in further detail in Section V.C below.
Unselected Candidates (4):
For the four unselected candidates, C&H will provide a separate advisory memorandum addressing alternative immigration strategies. Potential pathways include, but are not limited to: (a) continued employment under OPT or STEM OPT extension authorization for those candidates who remain eligible; (b) evaluation of cap-exempt H-1B pathways through employment at qualifying institutions of higher education, nonprofit research organizations, or governmental research organizations that may serve as concurrent or joint employers; (c) assessment of O-1A eligibility for candidates with sufficiently distinguished credentials; (d) consideration of employment at OWS subsidiary or affiliate entities that may qualify for cap-exempt status; and (e) re-registration for the FY2027 H-1B lottery. The specific viability of each pathway will depend on the individual candidate's credentials, immigration history, and OPT expiration timeline.
C. H-1B Cap-Exempt Transfers (2)
Two prospective hires are currently employed by cap-exempt employers (institutions of higher education and affiliated research organizations) and are eligible for cap-exempt H-1B transfer petitions to OWS:
Dr. Watanabe's transfer is premised on the fact that he was previously counted against the H-1B cap during a prior cap-subject petition and remains within his six-year maximum period of authorized stay. He is therefore exempt from the annual cap for purposes of a change-of-employer petition. Dr. Halvorsen's current employment with the Cascade Institute of Technology, a qualifying institution of higher education, supports a cap-exempt transfer as well. In both cases, upon filing of the I-129 change-of-employer petition, the beneficiaries are authorized to commence employment with OWS pursuant to the portability provisions of the American Competitiveness in the Twenty-First Century Act (AC21), INA § 214(n). New Labor Condition Applications will be required for the San Jose worksite for both candidates.
D. O-1A New Petition (1)
Dr. Deshmukh is a highly credentialed photonics and semiconductor researcher currently based in India. His qualifications include authorship or co-authorship of more than eighty-five (85) peer-reviewed publications in leading scientific journals, twelve (12) issued patents in semiconductor and photonics technologies, and additional indicia of extraordinary ability that will be documented in the evidentiary framework for the O-1A petition. Because Dr. Deshmukh is located outside the United States, his petition will require consular processing at the U.S. Embassy or Consulate in India, rather than a change of status within the United States. C&H will coordinate the consular processing timeline with Ridgeline Relocation Services LLC (Brenda Castillo, Account Manager) to ensure seamless logistics for Dr. Deshmukh's arrival and onboarding.
V. Critical Near-Term Deadlines & Urgent Matters
The following section identifies and prioritizes all time-sensitive deadlines and pending matters requiring action in the near term. These items are organized in descending order of urgency.
A. Immediate — Takeshi Nakamura H-1B Extension & RFE
This is the single highest-priority item in the OWS immigration portfolio.
Takeshi Nakamura's H-1B nonimmigrant status expired on May 31, 2025, based on the validity period of his most recent approved petition (06/01/2022 – 05/31/2025). His Form I-94 arrival/departure record also expired on that date. Nakamura's H-1B extension petition (Form I-129) was timely filed on March 15, 2025 by prior counsel Whitfield & Parekh LLP, before the expiration of his authorized stay.
Because the extension petition was filed prior to the expiration of Nakamura's I-94, he is authorized to continue employment with OWS for a period of up to 240 days from the I-94 expiry date, pursuant to the automatic extension rule codified at 8 CFR § 214.2(h)(2)(i)(H). This means that, assuming no adverse adjudication, Nakamura may continue working for OWS through approximately January 26, 2026 (240 days from May 31, 2025), or until a decision is issued on the extension petition, whichever comes first. It is essential that this 240-day window not be allowed to lapse without resolution.
Critically, USCIS has issued a Request for Evidence (RFE) in connection with Nakamura's extension petition. The RFE challenges the specialty occupation classification of the Signal Integrity Engineer position under SOC 17-2072 (Electronics Engineers, Except Computer). This type of RFE has become increasingly common in the semiconductor sector, as USCIS adjudicators have questioned whether certain engineering positions require the specific degree normally associated with a specialty occupation, or whether a general engineering or science degree would suffice for entry into the position.
C&H is assuming full responsibility for the preparation and filing of the RFE response. Dr. Lena Marchetti and Megan Chu are developing a comprehensive response strategy that will include:
• Industry Expert Declarations: Declarations from recognized authorities in the semiconductor and photonics industry attesting that the position of Signal Integrity Engineer requires at minimum a bachelor's degree in electrical engineering, photonics, or a closely related field as a condition of entry.
• OWS-Specific Degree Requirements: Documentation of OWS's internal hiring criteria, including job postings, position descriptions, and HR records demonstrating that OWS consistently requires a minimum of a bachelor's degree in electrical engineering or a related discipline for this and comparable positions.
• DOL Occupational Outlook Handbook Analysis: Analysis of the Bureau of Labor Statistics Occupational Outlook Handbook entry for Electronics Engineers, Except Computer (SOC 17-2072), confirming that the occupation typically requires a bachelor's degree in electrical engineering or a related field.
• Comparable Position Data: Survey data from peer semiconductor companies (including publicly available job postings from comparable employers in the photonic integrated circuit industry) demonstrating that the industry standard for Signal Integrity Engineer positions requires specialized educational credentials.
• Nakamura's Qualifications: Documentation of Nakamura's specific educational credentials, which include a Master of Science in Electrical Engineering with a specialization in signal integrity and high-speed interconnect design, further demonstrating that the position is a specialty occupation that aligns with his field of study.
RFE Response Deadline: The specific deadline for the RFE response has not yet been confirmed by C&H, because the original RFE notice and underlying petition file remain in the custody of Whitfield & Parekh LLP and have not yet been transferred. The RFE response deadline is typically set at 60 or 84 days from the date of issuance of the RFE. Confirmation of this deadline is the primary urgency driver for the file transfer discussed in Section VI below.
EB-1B Coordination: Additionally, Nakamura has a pending EB-1B (Outstanding Researcher) immigrant petition with a priority date of September 10, 2022. This petition must be coordinated with the H-1B extension, as the outcome of the EB-1B petition may impact Nakamura's long-term immigration trajectory and his eligibility for certain H-1B extension benefits beyond the standard six-year maximum.
B. Urgent — Chen Xiaoming H-1B Extension
Chen Xiaoming's current H-1B status is valid through August 14, 2026, based on the validity period of 08/15/2023 – 08/14/2026. Under the regulatory framework governing H-1B extensions, a petition for extension of stay may be filed up to six months (180 days) before the current period of authorized stay expires. We recommend filing Chen Xiaoming's extension petition no later than June 15, 2025, to ensure adequate processing time and to allow for the possibility of any RFE or processing delays.
Chen Xiaoming has an approved PERM labor certification with a priority date of April 5, 2024, in the EB-2 (Advanced Degree Professional) category. This approved PERM application may support a seventh-year H-1B extension beyond the standard six-year maximum period of authorized stay, provided that at least 365 days have elapsed since the filing of the PERM application. Under the American Competitiveness in the Twenty-First Century Act, INA § 106(a), as amended, an H-1B worker who is the beneficiary of an approved PERM application or an approved I-140 immigrant petition may extend H-1B status in one-year increments beyond the six-year limitation, provided that certain conditions are met. C&H will confirm the applicability of this provision and prepare the extension petition accordingly.
C&H is prioritizing preparation of this extension petition immediately upon receipt of the relevant case file from Whitfield & Parekh LLP. We will require an updated employer support letter from Dr. Yun-Sheng Chen (VP of Engineering) confirming the continued need for Chen Xiaoming's services and the material terms of his employment.
C. FY2026 H-1B Cap Petition Filings — June 30, 2025 Deadline
Five (5) FY2026 H-1B cap-subject candidates were selected in the USCIS lottery and must have their I-129 petitions filed within the 60-day filing window, which expires on June 30, 2025. This is a hard regulatory deadline; failure to file within this window will result in forfeiture of the lottery selection for the affected candidates.
Target filing commencement date: June 25, 2025, to allow for a brief window to address any last-minute issues before the June 30 deadline.
For each of the five petitions (Naveen Sharma, Yuki Tanaka, Ekaterina Solovyova, Ahmed Hassan, and Min-Jun Lee), the following components must be prepared and assembled:
1. Labor Condition Application (LCA): Certified via the DOL FLAG (Foreign Labor Application Gateway) system for the applicable SOC code and worksite. LCAs must be certified at least one day prior to the filing of the I-129 petition.
2. Form I-129 Petition: Completed petition form with all applicable supplements, including the H-1B Data Collection and Filing Fee Exemption Supplement and the H Classification Supplement.
3. Supporting Documentation: Including but not limited to degree evaluations, transcripts, credential authentication, specialty occupation evidence, and employer organization charts.
4. Employer Support Letter: A detailed letter from an appropriate OWS executive or manager describing the position, its duties, the minimum educational requirements, and the beneficiary's qualifications for the role.
5. Specialty Occupation Evidence: Industry-standard documentation establishing that each position qualifies as a specialty occupation under 8 CFR § 214.2(h)(4)(ii), including degree requirements, industry standards, and position complexity analysis.
6. Premium Processing Request (Form I-907): C&H recommends that all five cap petitions be filed with premium processing to guarantee a 15-business-day initial adjudication response from USCIS.
Government Filing Fees. The total government filing fees per cap-subject petition are as follows:
The aggregate government filing fees for the five cap petitions will total approximately $28,250. All USCIS government filing fees are to be paid directly by OWS, consistent with the terms of the engagement letter.
Bridge Status. All five candidates are currently employed by OWS pursuant to F-1 Optional Practical Training (OPT) or OPT STEM Extension employment authorization. It is essential that each candidate's OPT or STEM OPT employment authorization remain valid through October 1, 2025, the H-1B start date for FY2026 cap-subject petitions. C&H will coordinate with Rajesh Anand to verify the status and expiration dates of each candidate's Employment Authorization Document (EAD) and to ensure that any required SEVP reporting obligations are satisfied during the bridge period. For those candidates on initial OPT (Sharma and Hassan), particular attention will be needed to confirm that their OPT authorization extends through September 30, 2025; if it does not, C&H will advise on alternative bridging strategies, including the cap-gap automatic extension under 8 CFR § 214.2(f)(5)(vi).
Legal Fee Cap. Per the engagement letter, C&H's legal fees for each H-1B cap petition are capped at $6,500 per petition (inclusive of the LCA preparation).
D. Upcoming H-1B Extension Deadlines (Beyond Chen Xiaoming)
In addition to the Chen Xiaoming extension discussed in Section V.B, two additional H-1B extensions will come due within the next twelve months:
Arjun Krishnamurthy. Krishnamurthy's H-1B status expires on November 30, 2025, based on a validity period of 12/01/2022 – 11/30/2025. Under the 180-day advance filing window, the extension petition should be filed no later than approximately June through August 2025. However, Krishnamurthy's PERM application (priority date 07/22/2023, EB-2) is currently under audit by the Department of Labor. The DOL audit file has not yet been received from Whitfield & Parekh LLP. The outcome of the PERM audit may affect the basis for Krishnamurthy's H-1B extension, particularly if the extension is sought on a seventh-year basis under INA § 106(a). C&H will assess the audit status and develop an extension strategy immediately upon receipt of the complete file.
Jae-Won Park. Park's H-1B status expires on March 31, 2026, based on a validity period of 04/01/2023 – 03/31/2026. The extension filing should be initiated by approximately October 2025. Park has an approved PERM with a priority date of November 20, 2023 (EB-2), which will support a seventh-year extension request. This matter is not immediately urgent but should be calendared for initiation in the fourth quarter of 2025.
E. Upcoming O-1 Extension Deadlines
Dr. Vikram Iyer. Dr. Iyer's O-1A status expires on May 14, 2026. O-1 extensions are typically filed several months in advance to allow time for the preparation of updated evidentiary packages, including new publications, awards, citations, and other evidence of continued extraordinary ability. C&H recommends initiating the extension preparation by approximately November to December 2025.
Dr. Seo-Yeon Cho. Dr. Cho's O-1A status expires on February 28, 2027, which provides a longer planning horizon. This extension can be planned for the latter portion of FY2026 and does not require immediate action.
F. H-1B Transfer Petitions
Dr. Kenji Watanabe — Target Filing Date: August 1, 2025. Dr. Watanabe is currently employed by Northfield University Research Lab and will be transitioning to OWS as a Senior PICs Researcher. A new LCA must be prepared and certified for the San Jose worksite, and the I-129 change-of-employer petition must be filed. Upon filing, Dr. Watanabe will be authorized to commence employment with OWS under the AC21 portability provisions. C&H will begin LCA preparation and petition drafting in July 2025, coordinating with Northfield University Research Lab regarding any required documentation for the transfer.
Dr. Ingrid Halvorsen — Target Filing Date: September 30, 2025. Dr. Halvorsen is currently employed by the Cascade Institute of Technology and will be joining OWS as an Advanced Modulation Scientist. The same process will apply: a new LCA for the San Jose worksite and an I-129 change-of-employer petition. C&H will begin preliminary preparation in August 2025 and coordinate with the Cascade Institute of Technology regarding the transition.
Both transfers are cap-exempt and therefore are not subject to the annual H-1B cap or the lottery process. This provides greater flexibility in the timing of the filings.
G. O-1A New Petition — Dr. Rohan Deshmukh
Target Filing Date: July 15, 2025. This petition will be a new O-1A extraordinary ability petition for Dr. Rohan Deshmukh, who is currently located in India. The petition will be prepared under the evidentiary framework set forth at 8 CFR § 214.2(o)(3)(iii), which requires the petitioner to establish that the beneficiary has sustained national or international acclaim and has achieved extraordinary ability in the field of sciences, demonstrating a level of expertise indicating that the individual is one of the small percentage who have risen to the very top of the field.
Dr. Deshmukh's qualifications are exceptional. With more than eighty-five (85) peer-reviewed publications and twelve (12) issued patents in semiconductor and photonics technologies, his credentials strongly support the O-1A evidentiary standard. C&H will prepare a comprehensive evidentiary package addressing multiple criteria under the regulatory framework, including: (i) documentation of receipt of nationally or internationally recognized prizes or awards for excellence in the field; (ii) documentation of published material about the beneficiary in professional journals or major media; (iii) evidence of original scientific contributions of major significance; (iv) evidence of authorship of scholarly articles in the field; and (v) evidence of a high salary or remuneration relative to others in the field.
Additionally, the O-1A petition requires a written advisory opinion from a peer group (a professional organization or a person or persons with expertise in the beneficiary's area of ability) regarding the nature of the beneficiary's work, the classification sought, and the beneficiary's qualifications, pursuant to 8 CFR § 214.2(o)(5)(ii). C&H will identify and contact the appropriate professional organization — such as the IEEE Photonics Society, the Optical Society (Optica), or a comparable recognized body — to request the advisory opinion letter.
Government Filing Fees:
Legal Fee Cap: Per the engagement letter, C&H's legal fees for O-1A/O-1B petitions are capped at $12,500 per petition.
Because Dr. Deshmukh is located in India and is not currently in the United States, the petition will request consular notification rather than a change of status. Upon approval of the I-129 petition, Dr. Deshmukh will attend a visa interview at the U.S. Embassy or Consulate in India (likely the U.S. Consulate General in Mumbai or Chennai, depending on his location) to obtain the O-1A visa stamp. C&H will coordinate the consular processing timeline and logistics with Ridgeline Relocation Services LLC.
H. Consolidated Deadline Calendar
The following table provides a consolidated view of all critical deadlines for the near-term period:
A detailed Master Deadline Calendar covering FY2025 through FY2026, including sub-deadlines for LCA filings, document collection, and internal review milestones, is enclosed with this letter as a separate attachment.
VI. File Transfer Status — Whitfield & Parekh LLP
C&H transmitted a formal letter requesting the transfer of all immigration case files to Kavita Parekh, Partner, at Whitfield & Parekh LLP (600 Wilshire Boulevard, Suite 1200, Los Angeles, California 90017) on May 22, 2025. The letter requested that all original and copy files be transmitted to C&H's offices by the target completion date of June 15, 2025.
The files expected to be included in the transfer are as follows:
• Eighteen (18) active petition files, including for each petition: approved I-797 Notices of Action, certified Labor Condition Applications, employer support letters, Petitioner's Additional Filing (PAF) copies, copies of all correspondence with USCIS, and any other documentation maintained in the working file.
• Seven (7) PERM labor certification case files, including ETA Form 9089 (Application for Permanent Employment Certification), recruitment documentation (job postings, advertisements, applicant tracking records, and interview summaries), prevailing wage determinations from the DOL National Prevailing Wage Center, and all correspondence with the DOL regarding pending or approved applications.
• Three (3) pending Requests for Evidence / Audit matters:
(1) Takeshi Nakamura — H-1B extension RFE (specialty occupation challenge); (2) One RFE related to a withdrawn candidate (identity to be confirmed upon file receipt); and (3) Arjun Krishnamurthy — PERM DOL audit response file.
• Historical Public Access File documentation for the period of June 2019 through April 2025, encompassing all LCA and PAF records maintained during Whitfield & Parekh's tenure as immigration counsel.
• I-9 binder copies in electronic format, integrated via the Sentinel Background Verification Corp. platform (Tyler Ng, Account Lead).
Tanya Benavides, Paralegal, is maintaining a detailed inventory checklist to track the receipt and completeness of all transferred files. Each file will be reviewed against the checklist upon receipt, and any missing documents will be promptly identified and followed up with Ms. Parekh.
Cooperation with Whitfield & Parekh has been smooth to date, and no issues are anticipated with the file transfer. Ms. Parekh has been responsive to all communications and has indicated that her team is assembling the files on an expedited basis given the pending deadlines.
Critical Note: The Nakamura RFE response cannot be finalized until the original RFE notice and the complete underlying petition file are received from Whitfield & Parekh LLP. The RFE notice contains the specific evidentiary deficiencies identified by the USCIS adjudicator, the regulatory citations at issue, and the response deadline. Without the original RFE notice, C&H cannot confirm the precise deadline or tailor the response to the specific issues raised. This is the primary urgency driver for the file transfer, and C&H has communicated this urgency directly to Ms. Parekh with a request for priority shipment of the Nakamura file.
VII. Prevailing Wage & Compensation Analysis
A central element of H-1B compliance is the employer's obligation to pay the sponsored worker the higher of the actual wage paid to similarly situated employees or the prevailing wage for the occupation in the area of intended employment, as determined by the DOL. To assess OWS's compliance posture and to support current and future LCA filings, C&H has conducted a preliminary comparison of OWS's offered compensation against the prevailing wage data from the DOL Online Wage Library (based on Occupational Employment Statistics data) for the applicable SOC codes and Metropolitan Statistical Areas.
Prevailing Wage Data — San Jose-Sunnyvale-Santa Clara MSA:
OWS Offered Compensation by Band:
Analysis. OWS's offered compensation exceeds the applicable prevailing wages across all positions and SOC codes by a significant margin. For example, an IC3 Engineer position classified under SOC 17-2072 at Wage Level III receives total compensation of $205,000, which exceeds the Level III prevailing wage of $157,830 by $47,170, or approximately 29.9%. Similarly, an IC4 Senior Engineer at $265,000 total compensation exceeds the Level IV prevailing wage of $194,854 by $70,146, or approximately 36.0%.
This compensation premium provides OWS with a strong margin above prevailing wage thresholds, which has several beneficial implications: (a) it significantly reduces the risk of DOL compliance challenges related to wage violations; (b) it strengthens H-1B petition narratives by demonstrating that the positions are high-level specialty occupation roles commanding above-market compensation; (c) it supports the employer's attestation on the LCA that the offered wage meets or exceeds the required wage; and (d) for O-1 petitions, the above-market compensation serves as evidence of the beneficiary's extraordinary ability, as a high salary relative to others in the field is one of the enumerated evidentiary criteria under 8 CFR § 214.2(o)(3)(iii).
C&H notes that prevailing wage levels are updated periodically by the DOL and recommends that the Company's compensation against prevailing wage data be re-validated at least annually, or whenever LCA certifications are sought for new positions or worksites. Pendleton Accounting Group LLP (Marcus Hensley, CPA) can be engaged for any supplemental prevailing wage analysis or financial documentation support for LCA filings, should additional analytical support be required.
VIII. Compliance Infrastructure — Preliminary Observations
Based on our preliminary review of OWS's immigration compliance practices and discussions with the Company's internal team, C&H provides the following observations and recommendations regarding the Company's compliance infrastructure. These observations are subject to supplementation following completion of the file transfer and the recommended audits described below.
A. LCA Compliance & Public Access Files
OWS currently maintains electronic posting of LCA notices on the company intranet for ten (10) consecutive business days from the date of filing of each LCA, consistent with the alternative electronic notice requirement set forth at 20 CFR § 655.734. This practice satisfies the notice requirement in lieu of physical posting at the worksite, provided that the electronic posting is reasonably accessible to all employees in the occupation and area of intended employment.
Public Access Files (PAFs) are required to be maintained at each worksite where H-1B workers are placed, pursuant to 20 CFR § 655.760. For OWS, this means that PAFs must be maintained at the San Jose headquarters, the Austin Design Center, and the Portland Test Facility. Each PAF must contain the following documents:
(a) A copy of the certified Labor Condition Application (ETA Form 9035/9035E);
(b) Documentation of the prevailing wage for the occupation, including the source and methodology used;
(c) A full, clear explanation of the system used by the employer to set the actual wage for the H-1B worker, including the actual wage paid to the worker and to similarly situated employees;
(d) A summary of the benefits offered to U.S. workers in the same occupational classification;
(e) Documentation that notice of the LCA filing was provided to the bargaining representative or, if none exists, through electronic posting or physical posting at the worksite; and
(f) Where applicable, documentation regarding the offering of benefits and eligibility for benefits on the same basis as offered to U.S. workers.
C&H will prepare a comprehensive LCA Compliance & Public Access File Procedures Manual for OWS that will serve as a standing reference guide for the Company's HR team, providing step-by-step instructions for PAF creation, maintenance, and retention. As an initial recommendation, we strongly advise that OWS conduct a PAF audit at all three worksites to verify completeness and accuracy of all existing PAFs, particularly given the transition from prior counsel and the potential for gaps in documentation during the handover period.
B. I-9 Compliance & E-Verify
OWS is enrolled in the E-Verify program (Company ID: 1487623) and verifies the employment eligibility of all new hires within three business days of the employee's start date, consistent with program requirements. Day-to-day I-9 compliance is managed by Samantha Kowalski, Director of Human Resources, with operational support from Sentinel Background Verification Corp. (Tyler Ng, Account Lead), which provides employment eligibility verification, credential authentication, and E-Verify enrollment support services.
C&H recommends that OWS institute a formal annual I-9 compliance audit as a best practice. This audit is particularly important for employers with a significant nonimmigrant visa population, as I-9 errors can result in substantial civil penalties under INA § 274A(e)(5) and may trigger broader investigations by U.S. Immigration and Customs Enforcement (ICE). The recommended audit scope includes:
• Review of Form I-9 for all approximately 340 current employees to verify timely completion of Sections 1, 2, and 3 (where applicable);
• Verification that acceptable documents were properly recorded and that no over-documentation occurred;
• Confirmation that reverification procedures were properly followed for employees with temporary work authorization that has since expired or been renewed;
• Review of record retention practices to ensure that I-9 forms are retained for the later of three years after the date of hire or one year after the date of termination; and
• Verification that E-Verify cases were created and resolved within the required timeframes.
C&H recommends a target completion date of September 1, 2025 for the annual I-9 audit. Estimated compliance audit and training costs are approximately $35,000 – $45,000 per year, billed hourly per the engagement letter.
C. FDNS Site Visit Preparedness
OWS has experienced two USCIS Fraud Detection and National Security (FDNS) Directorate site visits during the tenure of prior counsel:
• November 8, 2023 (San Jose): No adverse findings.
• February 12, 2025 (San Jose): No adverse findings.
This is a positive compliance track record and reflects favorably on OWS's immigration program. Both site visits resulted in confirmation that the sponsored workers were employed in the positions described in their respective petitions, at the worksites identified in the LCAs, and at the wages attested to by the employer.
Notwithstanding this positive history, FDNS site visit activity has increased significantly across the semiconductor sector in recent years, driven by heightened government focus on technology-sector immigration compliance, deemed export control enforcement, and national security considerations in the semiconductor supply chain. OWS should expect the possibility of additional site visits, particularly in connection with the FY2026 cap petitions, transfer petitions, and the O-1A petition for Dr. Deshmukh.
C&H will prepare an updated FDNS Site Visit Preparedness Guide & Protocol for OWS that designates Samantha Kowalski as the primary site contact and Rajesh Anand as the secondary contact. The guide will include: (i) a list of documents that FDNS officers typically request during a site visit; (ii) instructions for verifying the identity of the visiting FDNS officer; (iii) protocols for escorting the officer and managing the interview; (iv) guidance on the scope of questions that may be asked and the appropriate responses; and (v) post-visit reporting procedures to C&H.
D. Worksite Compliance
OWS's H-1B workers are currently distributed across three physical worksites:
• Site A (San Jose): 11 H-1B workers
• Site B (Austin): 2 H-1B workers
• Site C (Portland): 1 H-1B worker
In addition to these primary worksites, OWS periodically sends employees — including H-1B workers — to customer and partner data center facilities for installation, commissioning, and integration services related to the Company's photonic integrated circuit products. These short-term placements at third-party worksites are currently managed under the LCA short-term placement exception set forth at 20 CFR § 655.735, which permits an H-1B worker to be placed at a non-LCA worksite for up to 30 days (or 60 days in certain circumstances) without the requirement of filing a new or amended LCA, provided that the worker continues to maintain a home base at an LCA-covered worksite, the worker's placement at the non-LCA worksite is not for the purpose of providing labor in a strike or lockout, and the employer continues to pay the required wage and provide working conditions as stated on the LCA.
C&H will prepare a comprehensive H-1B/O-1 Worksite Compliance Policy for adoption by OWS, addressing the following topics:
• Worksite change notification procedures and the circumstances under which a new or amended LCA and/or an amended H-1B petition is required, consistent with the USCIS guidance established in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), which requires the filing of an amended or new H-1B petition when there is a material change in the terms and conditions of employment, including a change in worksite location outside the MSA or area of intended employment identified in the LCA;
• LCA amendment triggers, including changes in worksite location, changes in job duties, changes in SOC code, and changes in wage level;
• Short-term placement documentation and tracking requirements under 20 CFR § 655.735;
• Remote work policies for H-1B and O-1 visa holders, including the implications of long-term remote work from a location outside the MSA covered by the existing LCA; and
• Multi-site compliance procedures for workers who regularly travel between OWS worksites.
E. Export Control / Deemed Export Considerations
OWS's photonic integrated circuit technology has ITAR-adjacent applications for defense and national security purposes. As a result, OWS maintains a Technology Control Plan ("TCP") that governs access to controlled technology and technical data by the Company's workforce. The intersection of immigration law and export control law presents unique compliance challenges for semiconductor companies like OWS.
Under the Export Administration Regulations (EAR), 15 CFR § 734.2(b)(2)(ii), a "deemed export" occurs when controlled technology or technical data (i.e., technology or source code subject to the EAR) is released to a foreign national within the United States. A release of technology is "deemed" to be an export to the foreign national's home country or countries of which the foreign national is a citizen or permanent resident. If the deemed export requires a license under the EAR, the employer must obtain a deemed export license from the Bureau of Industry and Security (BIS) before permitting the foreign national employee to access the controlled technology.
This issue is directly relevant to OWS's immigration program because a significant portion of the Company's H-1B and O-1 sponsored employees are foreign nationals who may require access to EAR-controlled technology in the course of their duties. C&H will prepare an immigration-specific Deemed Export / Export Control Screening Protocol to ensure coordination between the immigration status of each foreign national employee and the Company's export licensing requirements under the EAR. This protocol will provide a systematic process for:
• Screening new visa candidates during the pre-petition phase to identify potential deemed export issues;