1014-00002 · Optiwave Semiconductor Corp · H-1B Cap Petitions

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CALDERWOOD & HARKNESS LLP Attorneys at Law

555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Telephone: (213) 555-4800 Facsimile: (213) 555-4801

101 California Street, 27th Floor San Francisco, California 94111 Telephone: (415) 555-7200 Facsimile: (415) 555-7201

Writer's Direct Contact: Megan Chu, Lead Associate Direct Dial: (213) 555-4837

Email: mchu@calderwoodharkness.com

June 25, 2025

VIA Sundial Data Systems OVERNIGHT DELIVERY

U.S. Citizenship and Immigration Services California Service Center 24000 Avila Road Laguna Niguel, CA 92677

Re:

Petitioner: Optiwave Semiconductor Corp. FEIN: 82-4931076 Beneficiary: Naveen Sharma Classification Sought: H-1B Specialty Occupation Worker pursuant to INA § 101(a)(15)(H)(i)(b) Petition Type: Initial Cap-Subject Employment, Fiscal Year 2026 FY2026 Registration: Electronic registration submitted March 7, 2025; selection confirmed April 1, 2025 Premium Processing Requested: Form I-907 filed concurrently

Dear Adjudicating Officer:

Introduction

Calderwood & Harkness LLP serves as immigration counsel to Optiwave Semiconductor Corp. ("OWS" or the "Petitioner"), pursuant to engagement letter SC-OWS-2025-0520-IMM, dated May 20, 2025. On behalf of OWS, we respectfully submit the enclosed Form I-129, Petition for a Nonimmigrant Worker, together with the H-1B Classification Supplement and all supporting documentation, for the benefit of Naveen Sharma (the "Beneficiary"). Through this petition, the Petitioner seeks to classify the Beneficiary as an H-1B nonimmigrant specialty occupation worker under Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1101(a)(15)(H)(i)(b).

This petition is cap-subject for Fiscal Year 2026. The Beneficiary was duly selected in the FY2026 H-1B electronic registration lottery, with the electronic registration having been submitted on March 7, 2025, and selection confirmed by the United States Citizenship and Immigration Services ("USCIS") on April 1, 2025. The Petitioner requests an employment start date of October 1, 2025, coinciding with the beginning of Fiscal Year 2026. Concurrently with this petition, the Petitioner is filing Form I-907, Request for Premium Processing Service, and the corresponding premium processing fee of $2,805, to ensure timely adjudication of this matter.

As detailed below and in the supporting documentation enclosed herewith, the proposed position of Photonics Process Engineer qualifies as a specialty occupation, the Beneficiary is fully qualified to perform the duties of the position, and the Petitioner has demonstrated its ability to pay the proffered wage. We respectfully request that USCIS approve this petition in its entirety.

Section 1: Petitioner Information

The Petitioner, 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 Petitioner's Federal Employer Identification Number ("FEIN") is 82-4931076. Its North American Industry Classification System ("NAICS") Code is 334413 (Semiconductor and Related Device Manufacturing).

The Petitioner's corporate headquarters are located at 4820 Veltrano Parkway, Suite 300, San Jose, California 95134. The Petitioner's registered agent in the State of Delaware is Capitol Registered Agents Inc., located at 1209 Orange Street, Wilmington, Delaware 19801. Copies of the Petitioner's Certificate of Incorporation, most recent annual report, and IRS Employer Identification Number confirmation letter are enclosed at Exhibit M.

OWS specializes in the design and fabrication of photonic integrated circuits ("PICs") for data center interconnect applications. The company develops advanced silicon photonics and indium phosphide-based PIC solutions that enable high-bandwidth, low-latency optical communication within and between hyperscale data centers. OWS's product portfolio includes co-packaged optics modules, optical transceivers incorporating proprietary PIC architectures, and custom photonic solutions for leading cloud infrastructure providers.

For the fiscal year ended December 31, 2024, the Petitioner reported annual revenues of $187.4 million, as reflected in the audited financial statements prepared by Pendleton Accounting Group LLP, enclosed at Exhibit N. These financial statements demonstrate the Petitioner's robust financial health and its continuing ability to compensate the Beneficiary at the proffered wage throughout the requested period of employment.

The Petitioner currently employs approximately 340 full-time equivalent employees across its operations, distributed as follows: approximately 210 employees at the San Jose, California headquarters; approximately 65 employees at the Austin, Texas design center; approximately 40 employees at the Portland, Oregon test and reliability facility; and approximately 25 employees working in remote capacities. The company is led by Chief Executive Officer Arvind Velathan, and the Beneficiary's direct hiring manager will be Dr. Yun-Sheng Chen, Vice President of Engineering.

The Petitioner is an active participant in the E-Verify program, Company ID 1487623. A copy of the Petitioner's E-Verify Company Profile Page is enclosed at Exhibit O.

The Petitioner's majority shareholder is Crestline Ventures Fund IV, LP, which acquired a 62.4% equity stake in OWS on September 15, 2022, through a Series C growth equity investment. The remaining equity is held by the company's founders, management team, and earlier-stage institutional investors.

With respect to H-1B dependency status, OWS is a non-dependent employer. The Petitioner currently employs 14 H-1B nonimmigrant workers out of a total workforce of approximately 340 employees, representing approximately 4.12% of its total workforce. This ratio falls well below the statutory threshold of 15% applicable to employers with 51 or more full-time equivalent employees, as set forth in INA § 212(n)(3)(A). Accordingly, the additional attestation obligations applicable to H-1B dependent employers under INA § 212(n)(1)(E) and (F) do not apply to this petition.

Section 2: Beneficiary Information

The Beneficiary, Naveen Sharma, is a national and citizen of India. He is currently present in the United States in valid F-1 nonimmigrant status and is authorized for employment pursuant to Optional Practical Training ("OPT") under 8 CFR § 274a.12(c)(3)(i). Copies of the Beneficiary's passport biographical page, current F-1 OPT Employment Authorization Document ("EAD"), and electronic I-94 Arrival/Departure Record are enclosed at Exhibits K and L, respectively.

The Beneficiary holds a Bachelor of Technology (B.Tech.) degree in Engineering Physics from the Indian Institute of Technology Madras ("IIT Madras"), one of India's premier research universities, located in Chennai, Tamil Nadu, India. IIT Madras is consistently ranked among the top engineering institutions in Asia and is recognized globally for its rigorous curriculum in applied physics, photonics, and semiconductor device engineering. The Beneficiary's degree certificate, academic transcripts, and any applicable credential evaluation are enclosed at Exhibit I. The Beneficiary's curriculum vitae, detailing his academic achievements, research experience, and relevant technical skills, is enclosed at Exhibit J.

The Beneficiary has not previously held H-1B nonimmigrant status, nor has any prior H-1B petition been filed or approved on his behalf. This petition is therefore an initial, cap-subject H-1B petition. The Beneficiary was included in the FY2026 H-1B electronic registration submitted by the Petitioner through the USCIS myUSCIS online portal on March 7, 2025. The Beneficiary's registration was selected in the computer-generated random selection process, with selection results announced by USCIS on April 1, 2025. A copy of the FY2026 H-1B Electronic Registration Selection Confirmation for the Beneficiary is enclosed at Exhibit C.

Through this petition, the Petitioner requests a change of the Beneficiary's nonimmigrant status from F-1 to H-1B, effective October 1, 2025, the first day of Fiscal Year 2026.

Section 3: Specialty Occupation Position

Position Overview. The Petitioner seeks to employ the Beneficiary in the position of Photonics Process Engineer. This position is classified under Standard Occupational Classification ("SOC") Code 17-2199 (Engineers, All Other), and more specifically maps to the detailed occupation of Photonics Engineers (SOC 17-2199.08) as recognized by the O*NET occupational database maintained by the U.S. Department of Labor.

The Beneficiary will be employed at the Petitioner's corporate headquarters located at 4820 Veltrano Parkway, Suite 300, San Jose, California 95134, within the San Jose-Sunnyvale-Santa Clara, California Metropolitan Statistical Area ("MSA").

Position Duties. The Photonics Process Engineer will be responsible for the design, development, and optimization of photonic integrated circuit fabrication processes utilized in the manufacture of OWS's data center interconnect products. The Beneficiary's core responsibilities will include, but not be limited to, the following:

• Designing and developing process recipes for silicon photonics fabrication steps, including lithography, etching, deposition, and thermal processing, to meet stringent optical performance specifications for waveguide-based photonic integrated circuits;

• Characterizing optical waveguide structures, including single-mode and multimode waveguides, grating couplers, and micro-ring resonators, using advanced metrology tools such as scanning electron microscopy ("SEM"), atomic force microscopy ("AFM"), and spectroscopic ellipsometry;

• Performing statistical process control and design-of-experiments ("DOE") analyses to optimize fabrication yield, reduce process variability, and achieve target insertion loss and crosstalk specifications;

• Coordinating closely with OWS's photonic design team, packaging engineers, and test and reliability engineers to ensure process-design co-optimization across the full product development lifecycle for data center interconnect transceivers and co-packaged optics modules;

• Developing and maintaining process documentation, including standard operating procedures, process flow documents, and failure mode and effects analyses ("FMEA");

• Evaluating and qualifying new materials, equipment, and process technologies to support the Petitioner's product roadmap and next-generation PIC platform development; and

• Supporting customer qualification activities by preparing process capability reports and responding to technical inquiries from OWS's hyperscale data center customers.

A detailed job description and itinerary exhibit for the Photonics Process Engineer position is enclosed at Exhibit G. An employer support letter authored by Dr. Yun-Sheng Chen, Vice President of Engineering, describing the position requirements, the organizational need for the role, and the Beneficiary's qualifications, is enclosed at Exhibit F.

Specialty Occupation Qualification

The position of Photonics Process Engineer qualifies as a "specialty occupation" within the meaning of INA § 214(i)(1), 8 U.S.C. § 1184(i)(1), and the implementing regulations at 8 CFR § 214.2(h)(4)(ii). A specialty occupation is defined as one that requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation.

The Petitioner's minimum educational requirement for the Photonics Process Engineer position is a bachelor's degree or higher (or the foreign equivalent thereof) in photonics engineering, electrical engineering, materials science, physics, or a closely related field. This requirement reflects the inherent complexity of the duties described above, which demand rigorous academic training in electromagnetic theory, quantum optics, semiconductor physics, and nanofabrication techniques. The position cannot be competently performed by an individual who lacks the foundational knowledge conferred by at least a four-year baccalaureate degree in one of the specified disciplines.

Evidence demonstrating that the position satisfies one or more of the regulatory criteria for specialty occupation classification is enclosed at Exhibit H, including relevant excerpts from the U.S. Department of Labor's Occupational Outlook Handbook, degree requirements documentation from comparable employers in the semiconductor and photonics industries, and documentation of industry standards for photonics engineering roles.

Section 4: Prevailing Wage and Proffered Wage

The Petitioner has obtained a certified Labor Condition Application ("LCA") through the U.S. Department of Labor's Foreign Labor Application Gateway ("FLAG") system, as required by INA § 212(n) and 20 CFR Part 655, Subpart H. A copy of the certified LCA (ETA Form 9035/9035E) is enclosed at Exhibit D.

The prevailing wage for the proffered position was determined using the DOL Online Wage Library, which is based on Occupational Employment and Wage Statistics ("OES") survey data. The applicable prevailing wage for SOC Code 17-2199 (Engineers, All Other) at Wage Level III in the San Jose-Sunnyvale-Santa Clara, California MSA is $152,506 per year.

The Petitioner will compensate the Beneficiary at a total annualized rate of $205,000 per year, consistent with OWS's internal compensation band for IC3-level engineers. This compensation package comprises the following components:

• Base Salary: $175,000 per year; and

• Annual Restricted Stock Unit ("RSU") Grants: $30,000 per year (vesting annually in accordance with the Petitioner's standard equity incentive plan).

The proffered wage of $205,000 per year exceeds the applicable prevailing wage of $152,506 per year by $52,494, representing a premium of approximately 34.4% above the prevailing wage. The Petitioner's offered compensation therefore satisfies the wage requirements set forth under 20 CFR § 655.731(a), which mandates that the employer pay the H-1B worker the higher of the actual wage paid to similarly situated workers or the applicable prevailing wage for the occupation in the area of intended employment.

In compliance with the LCA posting requirements of 20 CFR § 655.734, the Petitioner posted the certified LCA electronically on the OWS corporate intranet, accessible to all employees at the San Jose headquarters worksite, for a period of ten (10) consecutive business days. Documentation of this posting is available for inspection in the Petitioner's public access file maintained at its headquarters location.

A copy of the DOL Online Wage Library printout confirming the prevailing wage for SOC 17-2199 at Level III in the San Jose-Sunnyvale-Santa Clara MSA is enclosed at Exhibit E.

Section 5: Premium Processing Request

The Petitioner is concurrently filing Form I-907, Request for Premium Processing Service, together with the applicable premium processing fee of $2,805. A copy of Form I-907 and the corresponding fee payment are enclosed at Exhibit B.

The Petitioner respectfully requests that USCIS adjudicate this petition within the fifteen (15) business-day premium processing timeframe established by 8 CFR § 103.2(f) and applicable USCIS policy guidance. Premium processing is warranted in light of the time-sensitive nature of this FY2026 cap-subject petition. The Beneficiary's requested employment start date of October 1, 2025, coincides with the first day of Fiscal Year 2026, and timely adjudication is essential to ensure a seamless transition of the Beneficiary's immigration status from F-1 OPT to H-1B and to enable the Petitioner to onboard the Beneficiary into the Photonics Process Engineer role without disruption to its ongoing PIC development programs.

Section 6: Government Filing Fees Enclosed

The following government filing fees are enclosed with this petition, each payable to the U.S. Department of Homeland Security and drawn on the account of Optiwave Semiconductor Corp.:

With respect to the ACWIA fee, the Petitioner employs approximately 340 full-time equivalent employees, which exceeds the 25-employee threshold established by statute. Accordingly, the higher fee tier of $750 applies to employers with 26 or more full-time equivalent employees, rather than the $750 reduced fee applicable to smaller employers. Similarly, the Asylum Program Fee of $600 applies to employers with 26 or more full-time equivalent employees, as set forth in the applicable fee schedule.

The $215 H-1B registration fee required under 8 CFR § 214.2(h)(8)(iii)(A)(10) was previously remitted at the time of the FY2026 electronic registration submission on March 7, 2025. Accounting for this previously paid registration fee, the total government fees associated with this petition are as follows:

Fees enclosed with this filing: $5,435.00 Previously paid H-1B registration fee: $215.00 Total government fees for this petition: $5,650.00

All fee payments are enclosed at Exhibit P in the form of company checks drawn on the account of Optiwave Semiconductor Corp. and made payable to the U.S. Department of Homeland Security.

Section 7: List of Enclosed Exhibits and Supporting Documentation

The following exhibits are enclosed with this petition, organized by labeled tabs for the convenience of the adjudicating officer:

Exhibit A: Form I-129, Petition for a Nonimmigrant Worker, with H-1B Classification Supplement (H-1B Data Collection and Filing Fee Exemption Supplement)

Exhibit B: Form I-907, Request for Premium Processing Service, with premium processing fee of $2,805.00

Exhibit C: FY2026 H-1B Electronic Registration Selection Confirmation for Beneficiary Naveen Sharma (registration submitted March 7, 2025; selection confirmed April 1, 2025)

Exhibit D: Certified Labor Condition Application (LCA) — ETA Form 9035/9035E, certified by the U.S. Department of Labor via the FLAG system

Exhibit E: Prevailing Wage Documentation — DOL Online Wage Library printout for SOC 17-2199 (Engineers, All Other), Wage Level III, San Jose-Sunnyvale-Santa Clara, CA MSA ($152,506 per year)

Exhibit F: Employer Support Letter from Dr. Yun-Sheng Chen, Vice President of Engineering, Optiwave Semiconductor Corp., dated June 20, 2025, describing the position, its specialty occupation nature, and the Beneficiary's qualifications

Exhibit G: Detailed Job Description and Itinerary Exhibit for the Photonics Process Engineer position, including a comprehensive description of duties, percentage-of-time allocation, and supervisory structure

Exhibit H: Specialty Occupation Evidence, including degree requirements documentation from comparable employers in the semiconductor and photonics industries, excerpts from the U.S. Department of Labor's Occupational Outlook Handbook, and documentation of industry standards and licensing requirements for photonics engineering roles

Exhibit I: Beneficiary's Educational Credentials — Bachelor of Technology (B.Tech.) degree certificate and official academic transcripts from the Indian Institute of Technology Madras (IIT Madras); credential evaluation, if applicable, prepared by a NACES-member evaluation service

Exhibit J: Beneficiary's Curriculum Vitae / Resume, detailing academic background, research experience, technical publications, and relevant professional skills

Exhibit K: Copy of Beneficiary's Passport — biographical data page (Republic of India passport)

Exhibit L: Copy of Beneficiary's current F-1 OPT Employment Authorization Document (EAD) and electronic I-94 Arrival/Departure Record obtained from U.S. Customs and Border Protection

Exhibit M: Petitioner's Corporate Documentation — Certificate of Incorporation (State of Delaware), most recent annual report, and IRS Employer Identification Number (EIN) confirmation letter (CP 575)

Exhibit N: Petitioner's Financial Evidence — Audited Financial Statements for Fiscal Year 2024, prepared by Pendleton Accounting Group LLP, demonstrating annual revenue of $187.4 million and the Petitioner's ability to pay the proffered wage of $205,000 per year

Exhibit O: Copy of OWS's E-Verify Company Profile Page, confirming active enrollment in the E-Verify program (Company ID 1487623)

Exhibit P: Filing Fee Checks — Five (5) separate company checks drawn on the account of Optiwave Semiconductor Corp., payable to U.S. Department of Homeland Security, in the amounts of $780.00 (I-129 base fee), $500.00 (Fraud Prevention and Detection Fee), $750.00 (ACWIA Fee), $600.00 (Asylum Program Fee), and $2,805.00 (Premium Processing Fee)

Section 8: H-1B Non-Dependency Attestation

The Petitioner hereby attests that Optiwave Semiconductor Corp. is not an H-1B dependent employer as that term is defined under INA § 212(n)(3)(A), 8 U.S.C. § 1182(n)(3)(A).

As of the date of this filing, the Petitioner employs a total of approximately 340 full-time equivalent employees. Of these, 14 employees currently hold H-1B nonimmigrant status, representing approximately 4.12% of the Petitioner's total workforce. For employers with 51 or more full-time equivalent employees, the statutory threshold for H-1B dependency is 15% of the total workforce. The Petitioner's ratio of 4.12% falls well below this 15% threshold.

Accordingly, the enhanced attestation obligations applicable to H-1B dependent employers under INA § 212(n)(1)(E) (displacement of U.S. workers) and INA § 212(n)(1)(F) (secondary displacement and recruitment of U.S. workers) do not apply to this petition, and the Petitioner is not required to make such attestations on the certified Labor Condition Application filed in connection with this petition.

Section 9: Worksite Information

The Beneficiary will be employed at the following primary worksite:

Optiwave Semiconductor Corp. — Corporate Headquarters 4820 Veltrano Parkway, Suite 300 San Jose, California 95134 Metropolitan Statistical Area: San Jose-Sunnyvale-Santa Clara, CA

This location serves as the Petitioner's principal place of business and houses its primary photonic integrated circuit design, process development, and fabrication operations. There are currently approximately 210 employees at this worksite, of whom 11 hold H-1B nonimmigrant status. Upon approval of this petition, the number of H-1B workers at this worksite will increase to 12.

The Beneficiary's employment will be performed exclusively at the above-referenced worksite. However, the Petitioner notes that the Beneficiary may, from time to time, be required to travel to client data center facilities on a short-term basis for purposes of installation support, commissioning, and on-site process verification related to OWS's photonic interconnect products. Any such short-term travel assignments will be of limited duration and will not constitute a change of the Beneficiary's permanent worksite. For any such temporary assignments, the Petitioner invokes the short-term placement exception set forth under 20 CFR § 655.735, which permits an H-1B worker to perform services at a worksite not listed on the LCA for a period not exceeding 30 workdays within a consecutive 12-month period, provided the worker's residence and primary worksite remain unchanged.

Section 10: Request for Approval

Based on the foregoing and the totality of the evidence enclosed herewith, the Petitioner respectfully requests that USCIS approve the enclosed Form I-129 petition and classify Naveen Sharma as an H-1B nonimmigrant specialty occupation worker under INA § 101(a)(15)(H)(i)(b), effective October 1, 2025.

Specifically, the Petitioner requests the following relief:

1. Approval of the Form I-129 petition and issuance of Form I-797, Notice of Action (Approval Notice), reflecting the Beneficiary's classification as an H-1B nonimmigrant worker for the validity period commencing October 1, 2025;

2. A change of the Beneficiary's nonimmigrant status from F-1 (Academic Student) to H-1B (Specialty Occupation Worker), effective October 1, 2025, the first day of Fiscal Year 2026; and

3. Authorization for the Beneficiary to commence employment with the Petitioner in the position of Photonics Process Engineer at the approved worksite upon the effective date of the approved petition.

The enclosed evidence demonstrates that the proffered position meets the regulatory definition of a specialty occupation, the Beneficiary possesses the requisite academic qualifications and expertise to perform the duties of the position, the Petitioner has complied with all applicable labor condition attestation requirements, and the Petitioner has the financial ability to pay the proffered wage. We respectfully submit that approval of this petition is warranted.

Section 11: Counsel Contact Information

Should the adjudicating officer have any questions regarding this petition, require clarification with respect to any enclosed documentation, or issue a Request for Evidence ("RFE") or Notice of Intent to Deny ("NOID"), please do not hesitate to contact the undersigned directly:

Megan Chu, Lead Associate Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Direct Dial: (213) 555-4837

Email: mchu@calderwoodharkness.com

Alternative address for service: Calderwood & Harkness LLP 101 California Street, 27th Floor San Francisco, California 94111 Telephone: (415) 555-7200

Calderwood & Harkness LLP represents the Petitioner, Optiwave Semiconductor Corp., in this proceeding. A completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, executed by both the Petitioner and the undersigned counsel, is enclosed with this filing.

We thank USCIS for its prompt attention to this matter and look forward to a favorable adjudication.

Respectfully submitted,

CALDERWOOD & HARKNESS LLP

By: ________

Megan Chu Lead Associate

Date: June 25, 2025

Enclosures: As enumerated in Section 7 above (Exhibits A through P)

cc:

Patricia Langford, General Counsel, Optiwave Semiconductor Corp. Rajesh Anand, Immigration Program Manager, Optiwave Semiconductor Corp. Nathaniel Bower, Responsible Partner, Calderwood & Harkness LLP Dr. Lena Marchetti, Of Counsel, Calderwood & Harkness LLP

Fee Component	Authority	Amount
Form I-129 Base Filing Fee	8 CFR § 106.2	$780.00
Fraud Prevention and Detection Fee	INA § 214(c)(12); Pub. L. 108-447	$500.00
ACWIA Fee (American Competitiveness and Workforce Improvement Act)	INA § 214(c)(9); Pub. L. 105-277	$750.00
Asylum Program Fee	INA § 214(c)(13); 8 CFR § 106.2(a)(31)(iii)(D)	$600.00
Premium Processing Fee (Form I-907)	8 CFR § 106.2(a)(31)(ii)	$2,805.00
Total Fees Enclosed	$5,435.00

CALDERWOOD & HARKNESS LLP Attorneys at Law
555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Telephone: (213) 555-4800 Facsimile: (213) 555-4801
101 California Street, 27th Floor San Francisco, California 94111 Telephone: (415) 555-7200 Facsimile: (415) 555-7201
Writer's Direct Contact: Megan Chu, Lead Associate Direct Dial: (213) 555-4837
Email: mchu@calderwoodharkness.com
June 25, 2025
VIA Sundial Data Systems OVERNIGHT DELIVERY
U.S. Citizenship and Immigration Services California Service Center 24000 Avila Road Laguna Niguel, CA 92677
Re:
Petitioner: Optiwave Semiconductor Corp. FEIN: 82-4931076 Beneficiary: Naveen Sharma Classification Sought: H-1B Specialty Occupation Worker pursuant to INA § 101(a)(15)(H)(i)(b) Petition Type: Initial Cap-Subject Employment, Fiscal Year 2026 FY2026 Registration: Electronic registration submitted March 7, 2025; selection confirmed April 1, 2025 Premium Processing Requested: Form I-907 filed concurrently
Dear Adjudicating Officer:
Introduction
Calderwood & Harkness LLP serves as immigration counsel to Optiwave Semiconductor Corp. ("OWS" or the "Petitioner"), pursuant to engagement letter SC-OWS-2025-0520-IMM, dated May 20, 2025. On behalf of OWS, we respectfully submit the enclosed Form I-129, Petition for a Nonimmigrant Worker, together with the H-1B Classification Supplement and all supporting documentation, for the benefit of Naveen Sharma (the "Beneficiary"). Through this petition, the Petitioner seeks to classify the Beneficiary as an H-1B nonimmigrant specialty occupation worker under Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1101(a)(15)(H)(i)(b).
This petition is cap-subject for Fiscal Year 2026. The Beneficiary was duly selected in the FY2026 H-1B electronic registration lottery, with the electronic registration having been submitted on March 7, 2025, and selection confirmed by the United States Citizenship and Immigration Services ("USCIS") on April 1, 2025. The Petitioner requests an employment start date of October 1, 2025, coinciding with the beginning of Fiscal Year 2026. Concurrently with this petition, the Petitioner is filing Form I-907, Request for Premium Processing Service, and the corresponding premium processing fee of $2,805, to ensure timely adjudication of this matter.
As detailed below and in the supporting documentation enclosed herewith, the proposed position of Photonics Process Engineer qualifies as a specialty occupation, the Beneficiary is fully qualified to perform the duties of the position, and the Petitioner has demonstrated its ability to pay the proffered wage. We respectfully request that USCIS approve this petition in its entirety.
Section 1: Petitioner Information
The Petitioner, 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 Petitioner's Federal Employer Identification Number ("FEIN") is 82-4931076. Its North American Industry Classification System ("NAICS") Code is 334413 (Semiconductor and Related Device Manufacturing).
The Petitioner's corporate headquarters are located at 4820 Veltrano Parkway, Suite 300, San Jose, California 95134. The Petitioner's registered agent in the State of Delaware is Capitol Registered Agents Inc., located at 1209 Orange Street, Wilmington, Delaware 19801. Copies of the Petitioner's Certificate of Incorporation, most recent annual report, and IRS Employer Identification Number confirmation letter are enclosed at Exhibit M.
OWS specializes in the design and fabrication of photonic integrated circuits ("PICs") for data center interconnect applications. The company develops advanced silicon photonics and indium phosphide-based PIC solutions that enable high-bandwidth, low-latency optical communication within and between hyperscale data centers. OWS's product portfolio includes co-packaged optics modules, optical transceivers incorporating proprietary PIC architectures, and custom photonic solutions for leading cloud infrastructure providers.
For the fiscal year ended December 31, 2024, the Petitioner reported annual revenues of $187.4 million, as reflected in the audited financial statements prepared by Pendleton Accounting Group LLP, enclosed at Exhibit N. These financial statements demonstrate the Petitioner's robust financial health and its continuing ability to compensate the Beneficiary at the proffered wage throughout the requested period of employment.
The Petitioner currently employs approximately 340 full-time equivalent employees across its operations, distributed as follows: approximately 210 employees at the San Jose, California headquarters; approximately 65 employees at the Austin, Texas design center; approximately 40 employees at the Portland, Oregon test and reliability facility; and approximately 25 employees working in remote capacities. The company is led by Chief Executive Officer Arvind Velathan, and the Beneficiary's direct hiring manager will be Dr. Yun-Sheng Chen, Vice President of Engineering.
The Petitioner is an active participant in the E-Verify program, Company ID 1487623. A copy of the Petitioner's E-Verify Company Profile Page is enclosed at Exhibit O.
The Petitioner's majority shareholder is Crestline Ventures Fund IV, LP, which acquired a 62.4% equity stake in OWS on September 15, 2022, through a Series C growth equity investment. The remaining equity is held by the company's founders, management team, and earlier-stage institutional investors.
With respect to H-1B dependency status, OWS is a non-dependent employer. The Petitioner currently employs 14 H-1B nonimmigrant workers out of a total workforce of approximately 340 employees, representing approximately 4.12% of its total workforce. This ratio falls well below the statutory threshold of 15% applicable to employers with 51 or more full-time equivalent employees, as set forth in INA § 212(n)(3)(A). Accordingly, the additional attestation obligations applicable to H-1B dependent employers under INA § 212(n)(1)(E) and (F) do not apply to this petition.
Section 2: Beneficiary Information
The Beneficiary, Naveen Sharma, is a national and citizen of India. He is currently present in the United States in valid F-1 nonimmigrant status and is authorized for employment pursuant to Optional Practical Training ("OPT") under 8 CFR § 274a.12(c)(3)(i). Copies of the Beneficiary's passport biographical page, current F-1 OPT Employment Authorization Document ("EAD"), and electronic I-94 Arrival/Departure Record are enclosed at Exhibits K and L, respectively.
The Beneficiary holds a Bachelor of Technology (B.Tech.) degree in Engineering Physics from the Indian Institute of Technology Madras ("IIT Madras"), one of India's premier research universities, located in Chennai, Tamil Nadu, India. IIT Madras is consistently ranked among the top engineering institutions in Asia and is recognized globally for its rigorous curriculum in applied physics, photonics, and semiconductor device engineering. The Beneficiary's degree certificate, academic transcripts, and any applicable credential evaluation are enclosed at Exhibit I. The Beneficiary's curriculum vitae, detailing his academic achievements, research experience, and relevant technical skills, is enclosed at Exhibit J.
The Beneficiary has not previously held H-1B nonimmigrant status, nor has any prior H-1B petition been filed or approved on his behalf. This petition is therefore an initial, cap-subject H-1B petition. The Beneficiary was included in the FY2026 H-1B electronic registration submitted by the Petitioner through the USCIS myUSCIS online portal on March 7, 2025. The Beneficiary's registration was selected in the computer-generated random selection process, with selection results announced by USCIS on April 1, 2025. A copy of the FY2026 H-1B Electronic Registration Selection Confirmation for the Beneficiary is enclosed at Exhibit C.
Through this petition, the Petitioner requests a change of the Beneficiary's nonimmigrant status from F-1 to H-1B, effective October 1, 2025, the first day of Fiscal Year 2026.
Section 3: Specialty Occupation Position
Position Overview.  The Petitioner seeks to employ the Beneficiary in the position of Photonics Process Engineer. This position is classified under Standard Occupational Classification ("SOC") Code 17-2199 (Engineers, All Other), and more specifically maps to the detailed occupation of Photonics Engineers (SOC 17-2199.08) as recognized by the O*NET occupational database maintained by the U.S. Department of Labor.
The Beneficiary will be employed at the Petitioner's corporate headquarters located at 4820 Veltrano Parkway, Suite 300, San Jose, California 95134, within the San Jose-Sunnyvale-Santa Clara, California Metropolitan Statistical Area ("MSA").
Position Duties.  The Photonics Process Engineer will be responsible for the design, development, and optimization of photonic integrated circuit fabrication processes utilized in the manufacture of OWS's data center interconnect products. The Beneficiary's core responsibilities will include, but not be limited to, the following:
•  Designing and developing process recipes for silicon photonics fabrication steps, including lithography, etching, deposition, and thermal processing, to meet stringent optical performance specifications for waveguide-based photonic integrated circuits;
•  Characterizing optical waveguide structures, including single-mode and multimode waveguides, grating couplers, and micro-ring resonators, using advanced metrology tools such as scanning electron microscopy ("SEM"), atomic force microscopy ("AFM"), and spectroscopic ellipsometry;
•  Performing statistical process control and design-of-experiments ("DOE") analyses to optimize fabrication yield, reduce process variability, and achieve target insertion loss and crosstalk specifications;
•  Coordinating closely with OWS's photonic design team, packaging engineers, and test and reliability engineers to ensure process-design co-optimization across the full product development lifecycle for data center interconnect transceivers and co-packaged optics modules;
•  Developing and maintaining process documentation, including standard operating procedures, process flow documents, and failure mode and effects analyses ("FMEA");
•  Evaluating and qualifying new materials, equipment, and process technologies to support the Petitioner's product roadmap and next-generation PIC platform development; and
•  Supporting customer qualification activities by preparing process capability reports and responding to technical inquiries from OWS's hyperscale data center customers.
A detailed job description and itinerary exhibit for the Photonics Process Engineer position is enclosed at Exhibit G. An employer support letter authored by Dr. Yun-Sheng Chen, Vice President of Engineering, describing the position requirements, the organizational need for the role, and the Beneficiary's qualifications, is enclosed at Exhibit F.
Specialty Occupation Qualification
The position of Photonics Process Engineer qualifies as a "specialty occupation" within the meaning of INA § 214(i)(1), 8 U.S.C. § 1184(i)(1), and the implementing regulations at 8 CFR § 214.2(h)(4)(ii). A specialty occupation is defined as one that requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation.
The Petitioner's minimum educational requirement for the Photonics Process Engineer position is a bachelor's degree or higher (or the foreign equivalent thereof) in photonics engineering, electrical engineering, materials science, physics, or a closely related field. This requirement reflects the inherent complexity of the duties described above, which demand rigorous academic training in electromagnetic theory, quantum optics, semiconductor physics, and nanofabrication techniques. The position cannot be competently performed by an individual who lacks the foundational knowledge conferred by at least a four-year baccalaureate degree in one of the specified disciplines.
Evidence demonstrating that the position satisfies one or more of the regulatory criteria for specialty occupation classification is enclosed at Exhibit H, including relevant excerpts from the U.S. Department of Labor's Occupational Outlook Handbook, degree requirements documentation from comparable employers in the semiconductor and photonics industries, and documentation of industry standards for photonics engineering roles.
Section 4: Prevailing Wage and Proffered Wage
The Petitioner has obtained a certified Labor Condition Application ("LCA") through the U.S. Department of Labor's Foreign Labor Application Gateway ("FLAG") system, as required by INA § 212(n) and 20 CFR Part 655, Subpart H. A copy of the certified LCA (ETA Form 9035/9035E) is enclosed at Exhibit D.
The prevailing wage for the proffered position was determined using the DOL Online Wage Library, which is based on Occupational Employment and Wage Statistics ("OES") survey data. The applicable prevailing wage for SOC Code 17-2199 (Engineers, All Other) at Wage Level III in the San Jose-Sunnyvale-Santa Clara, California MSA is $152,506 per year.
The Petitioner will compensate the Beneficiary at a total annualized rate of $205,000 per year, consistent with OWS's internal compensation band for IC3-level engineers. This compensation package comprises the following components:
•  Base Salary: $175,000 per year; and
•  Annual Restricted Stock Unit ("RSU") Grants: $30,000 per year (vesting annually in accordance with the Petitioner's standard equity incentive plan).
The proffered wage of $205,000 per year exceeds the applicable prevailing wage of $152,506 per year by $52,494, representing a premium of approximately 34.4% above the prevailing wage. The Petitioner's offered compensation therefore satisfies the wage requirements set forth under 20 CFR § 655.731(a), which mandates that the employer pay the H-1B worker the higher of the actual wage paid to similarly situated workers or the applicable prevailing wage for the occupation in the area of intended employment.
In compliance with the LCA posting requirements of 20 CFR § 655.734, the Petitioner posted the certified LCA electronically on the OWS corporate intranet, accessible to all employees at the San Jose headquarters worksite, for a period of ten (10) consecutive business days. Documentation of this posting is available for inspection in the Petitioner's public access file maintained at its headquarters location.
A copy of the DOL Online Wage Library printout confirming the prevailing wage for SOC 17-2199 at Level III in the San Jose-Sunnyvale-Santa Clara MSA is enclosed at Exhibit E.
Section 5: Premium Processing Request
The Petitioner is concurrently filing Form I-907, Request for Premium Processing Service, together with the applicable premium processing fee of $2,805. A copy of Form I-907 and the corresponding fee payment are enclosed at Exhibit B.
The Petitioner respectfully requests that USCIS adjudicate this petition within the fifteen (15) business-day premium processing timeframe established by 8 CFR § 103.2(f) and applicable USCIS policy guidance. Premium processing is warranted in light of the time-sensitive nature of this FY2026 cap-subject petition. The Beneficiary's requested employment start date of October 1, 2025, coincides with the first day of Fiscal Year 2026, and timely adjudication is essential to ensure a seamless transition of the Beneficiary's immigration status from F-1 OPT to H-1B and to enable the Petitioner to onboard the Beneficiary into the Photonics Process Engineer role without disruption to its ongoing PIC development programs.
Section 6: Government Filing Fees Enclosed
The following government filing fees are enclosed with this petition, each payable to the U.S. Department of Homeland Security and drawn on the account of Optiwave Semiconductor Corp.:
With respect to the ACWIA fee, the Petitioner employs approximately 340 full-time equivalent employees, which exceeds the 25-employee threshold established by statute. Accordingly, the higher fee tier of $750 applies to employers with 26 or more full-time equivalent employees, rather than the $750 reduced fee applicable to smaller employers. Similarly, the Asylum Program Fee of $600 applies to employers with 26 or more full-time equivalent employees, as set forth in the applicable fee schedule.
The $215 H-1B registration fee required under 8 CFR § 214.2(h)(8)(iii)(A)(10) was previously remitted at the time of the FY2026 electronic registration submission on March 7, 2025. Accounting for this previously paid registration fee, the total government fees associated with this petition are as follows:
Fees enclosed with this filing: $5,435.00 Previously paid H-1B registration fee: $215.00 Total government fees for this petition: $5,650.00
All fee payments are enclosed at Exhibit P in the form of company checks drawn on the account of Optiwave Semiconductor Corp. and made payable to the U.S. Department of Homeland Security.
Section 7: List of Enclosed Exhibits and Supporting Documentation
The following exhibits are enclosed with this petition, organized by labeled tabs for the convenience of the adjudicating officer:
Exhibit A: Form I-129, Petition for a Nonimmigrant Worker, with H-1B Classification Supplement (H-1B Data Collection and Filing Fee Exemption Supplement)
Exhibit B: Form I-907, Request for Premium Processing Service, with premium processing fee of $2,805.00
Exhibit C: FY2026 H-1B Electronic Registration Selection Confirmation for Beneficiary Naveen Sharma (registration submitted March 7, 2025; selection confirmed April 1, 2025)
Exhibit D: Certified Labor Condition Application (LCA) — ETA Form 9035/9035E, certified by the U.S. Department of Labor via the FLAG system
Exhibit E: Prevailing Wage Documentation — DOL Online Wage Library printout for SOC 17-2199 (Engineers, All Other), Wage Level III, San Jose-Sunnyvale-Santa Clara, CA MSA ($152,506 per year)
Exhibit F: Employer Support Letter from Dr. Yun-Sheng Chen, Vice President of Engineering, Optiwave Semiconductor Corp., dated June 20, 2025, describing the position, its specialty occupation nature, and the Beneficiary's qualifications
Exhibit G: Detailed Job Description and Itinerary Exhibit for the Photonics Process Engineer position, including a comprehensive description of duties, percentage-of-time allocation, and supervisory structure
Exhibit H: Specialty Occupation Evidence, including degree requirements documentation from comparable employers in the semiconductor and photonics industries, excerpts from the U.S. Department of Labor's Occupational Outlook Handbook, and documentation of industry standards and licensing requirements for photonics engineering roles
Exhibit I: Beneficiary's Educational Credentials — Bachelor of Technology (B.Tech.) degree certificate and official academic transcripts from the Indian Institute of Technology Madras (IIT Madras); credential evaluation, if applicable, prepared by a NACES-member evaluation service
Exhibit J: Beneficiary's Curriculum Vitae / Resume, detailing academic background, research experience, technical publications, and relevant professional skills
Exhibit K: Copy of Beneficiary's Passport — biographical data page (Republic of India passport)
Exhibit L: Copy of Beneficiary's current F-1 OPT Employment Authorization Document (EAD) and electronic I-94 Arrival/Departure Record obtained from U.S. Customs and Border Protection
Exhibit M: Petitioner's Corporate Documentation — Certificate of Incorporation (State of Delaware), most recent annual report, and IRS Employer Identification Number (EIN) confirmation letter (CP 575)
Exhibit N: Petitioner's Financial Evidence — Audited Financial Statements for Fiscal Year 2024, prepared by Pendleton Accounting Group LLP, demonstrating annual revenue of $187.4 million and the Petitioner's ability to pay the proffered wage of $205,000 per year
Exhibit O: Copy of OWS's E-Verify Company Profile Page, confirming active enrollment in the E-Verify program (Company ID 1487623)
Exhibit P: Filing Fee Checks — Five (5) separate company checks drawn on the account of Optiwave Semiconductor Corp., payable to U.S. Department of Homeland Security, in the amounts of $780.00 (I-129 base fee), $500.00 (Fraud Prevention and Detection Fee), $750.00 (ACWIA Fee), $600.00 (Asylum Program Fee), and $2,805.00 (Premium Processing Fee)
Section 8: H-1B Non-Dependency Attestation
The Petitioner hereby attests that Optiwave Semiconductor Corp. is not an H-1B dependent employer as that term is defined under INA § 212(n)(3)(A), 8 U.S.C. § 1182(n)(3)(A).
As of the date of this filing, the Petitioner employs a total of approximately 340 full-time equivalent employees. Of these, 14 employees currently hold H-1B nonimmigrant status, representing approximately 4.12% of the Petitioner's total workforce. For employers with 51 or more full-time equivalent employees, the statutory threshold for H-1B dependency is 15% of the total workforce. The Petitioner's ratio of 4.12% falls well below this 15% threshold.
Accordingly, the enhanced attestation obligations applicable to H-1B dependent employers under INA § 212(n)(1)(E) (displacement of U.S. workers) and INA § 212(n)(1)(F) (secondary displacement and recruitment of U.S. workers) do not apply to this petition, and the Petitioner is not required to make such attestations on the certified Labor Condition Application filed in connection with this petition.
Section 9: Worksite Information
The Beneficiary will be employed at the following primary worksite:
Optiwave Semiconductor Corp. — Corporate Headquarters 4820 Veltrano Parkway, Suite 300 San Jose, California 95134 Metropolitan Statistical Area: San Jose-Sunnyvale-Santa Clara, CA
This location serves as the Petitioner's principal place of business and houses its primary photonic integrated circuit design, process development, and fabrication operations. There are currently approximately 210 employees at this worksite, of whom 11 hold H-1B nonimmigrant status. Upon approval of this petition, the number of H-1B workers at this worksite will increase to 12.
The Beneficiary's employment will be performed exclusively at the above-referenced worksite. However, the Petitioner notes that the Beneficiary may, from time to time, be required to travel to client data center facilities on a short-term basis for purposes of installation support, commissioning, and on-site process verification related to OWS's photonic interconnect products. Any such short-term travel assignments will be of limited duration and will not constitute a change of the Beneficiary's permanent worksite. For any such temporary assignments, the Petitioner invokes the short-term placement exception set forth under 20 CFR § 655.735, which permits an H-1B worker to perform services at a worksite not listed on the LCA for a period not exceeding 30 workdays within a consecutive 12-month period, provided the worker's residence and primary worksite remain unchanged.
Section 10: Request for Approval
Based on the foregoing and the totality of the evidence enclosed herewith, the Petitioner respectfully requests that USCIS approve the enclosed Form I-129 petition and classify Naveen Sharma as an H-1B nonimmigrant specialty occupation worker under INA § 101(a)(15)(H)(i)(b), effective October 1, 2025.
Specifically, the Petitioner requests the following relief:
1.  Approval of the Form I-129 petition and issuance of Form I-797, Notice of Action (Approval Notice), reflecting the Beneficiary's classification as an H-1B nonimmigrant worker for the validity period commencing October 1, 2025;
2.  A change of the Beneficiary's nonimmigrant status from F-1 (Academic Student) to H-1B (Specialty Occupation Worker), effective October 1, 2025, the first day of Fiscal Year 2026; and
3.  Authorization for the Beneficiary to commence employment with the Petitioner in the position of Photonics Process Engineer at the approved worksite upon the effective date of the approved petition.
The enclosed evidence demonstrates that the proffered position meets the regulatory definition of a specialty occupation, the Beneficiary possesses the requisite academic qualifications and expertise to perform the duties of the position, the Petitioner has complied with all applicable labor condition attestation requirements, and the Petitioner has the financial ability to pay the proffered wage. We respectfully submit that approval of this petition is warranted.
Section 11: Counsel Contact Information
Should the adjudicating officer have any questions regarding this petition, require clarification with respect to any enclosed documentation, or issue a Request for Evidence ("RFE") or Notice of Intent to Deny ("NOID"), please do not hesitate to contact the undersigned directly:
Megan Chu, Lead Associate Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Direct Dial: (213) 555-4837
Email: mchu@calderwoodharkness.com
Alternative address for service: Calderwood & Harkness LLP 101 California Street, 27th Floor San Francisco, California 94111 Telephone: (415) 555-7200
Calderwood & Harkness LLP represents the Petitioner, Optiwave Semiconductor Corp., in this proceeding. A completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, executed by both the Petitioner and the undersigned counsel, is enclosed with this filing.
We thank USCIS for its prompt attention to this matter and look forward to a favorable adjudication.
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
Megan Chu Lead Associate
Date: June 25, 2025
Enclosures: As enumerated in Section 7 above (Exhibits A through P)
cc:
Patricia Langford, General Counsel, Optiwave Semiconductor Corp. Rajesh Anand, Immigration Program Manager, Optiwave Semiconductor Corp. Nathaniel Bower, Responsible Partner, Calderwood & Harkness LLP Dr. Lena Marchetti, Of Counsel, Calderwood & Harkness LLP
Fee Component | Authority | Amount
Form I-129 Base Filing Fee | 8 CFR § 106.2 | $780.00
Fraud Prevention and Detection Fee | INA § 214(c)(12); Pub. L. 108-447 | $500.00
ACWIA Fee (American Competitiveness and Workforce Improvement Act) | INA § 214(c)(9); Pub. L. 105-277 | $750.00
Asylum Program Fee | INA § 214(c)(13); 8 CFR § 106.2(a)(31)(iii)(D) | $600.00
Premium Processing Fee (Form I-907) | 8 CFR § 106.2(a)(31)(ii) | $2,805.00
Total Fees Enclosed | $5,435.00

CALDERWOOD & HARKNESS LLP Attorneys at Law

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