EXHIBIT ____: DETAILED JOB DESCRIPTION AND ITINERARY
Attachment to Form I-129, Petition for Nonimmigrant Worker H-1B Classification
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PART I: PETITIONER OVERVIEW
Section 1.1 — Company Background
Optiwave Semiconductor Corp. ("OWS" or the "Petitioner") is a Delaware corporation organized on March 14, 2017, and qualified to do business in the States of California, Texas, and Oregon. The company's registered agent is Capitol Registered Agents Inc., located at 1209 Orange Street, Wilmington, Delaware 19801. OWS maintains its principal place of business and corporate headquarters at 4820 Veltrano Parkway, Suite 300, San Jose, California 95134.
OWS operates within the semiconductor and advanced hardware industry, specializing in the design, development, and fabrication of photonic integrated circuits ("PICs") for data center interconnect applications. The company's core product portfolio includes high-bandwidth silicon photonics transceivers, coherent optical modules, and co-packaged optics solutions that enable next-generation hyperscale and enterprise data center architectures. OWS's technology addresses the rapidly growing market demand for low-latency, high-throughput optical interconnects driven by artificial intelligence workloads, cloud computing expansion, and 5G infrastructure deployment.
For the fiscal year ending December 31, 2024 ("FY2024"), OWS reported annual revenue of approximately $187.4 million, as reflected in audited financial statements prepared by Pendleton Accounting Group LLP. The company has experienced sustained year-over-year revenue growth since its founding, driven by expanding commercial partnerships with leading cloud service providers and telecommunications equipment manufacturers.
As of the date of this filing, OWS employs approximately 340 full-time employees across three physical facilities and a distributed remote workforce, allocated as follows:
• San Jose, California — Corporate Headquarters: Approximately 210 employees, including executive leadership, the majority of the engineering organization, finance, legal, human resources, sales, and marketing functions.
• Austin, Texas — Design Center: Approximately 65 employees, primarily analog and mixed-signal integrated circuit designers, layout engineers, and design verification specialists.
• Portland, Oregon — Test Facility: Approximately 40 employees, including test engineers, reliability engineers, quality assurance personnel, and facilities support staff.
• Remote Employees: Approximately 25 employees distributed across multiple states, performing roles in software development, field applications engineering, and business operations.
The majority equity interest in OWS is held by Crestline Ventures Fund IV, LP, which acquired a 62.4% equity stake on September 15, 2022, through a Series C preferred stock financing. The company's executive leadership includes Arvind Velathan, who serves as Chief Executive Officer, and Dr. Yun-Sheng Chen, who serves as Vice President of Engineering and oversees all technical staff, research and development activities, and product engineering initiatives.
OWS is a bona fide operating company with a demonstrated history of commercial operations, a substantial physical presence at each of its three facilities, and a well-established organizational structure that supports the specialized engineering positions described in this Exhibit.
Section 1.2 — H-1B Program Summary
OWS is a non-dependent employer under the H-1B program. As of the date of this filing, OWS employs fourteen (14) workers in H-1B status out of a total workforce of approximately 340 employees. This represents approximately 4.12% of the company's total workforce, which is well below the 15% threshold that would trigger H-1B dependent employer status under INA § 212(n)(3)(A) and 20 CFR § 655.736.
In addition to its H-1B workforce, OWS currently sponsors three (3) employees in O-1A (Extraordinary Ability in Sciences) status and one (1) employee in O-1B (Extraordinary Ability in the Arts) status, for a total of eighteen (18) employees holding nonimmigrant worker visas. OWS maintains accurate and contemporaneous records of all nonimmigrant workers, as required by applicable regulations.
OWS is enrolled in the E-Verify program under Company Identification Number 1487623. The company verifies all new hires through the E-Verify system within three (3) business days of each employee's start date, consistent with E-Verify program requirements. OWS's designated E-Verify coordinator is Rajesh Anand, Immigration Program Manager, who is responsible for ensuring timely and accurate verification of employment eligibility for all new employees.
PART II: DETAILED JOB DESCRIPTION
Section 2.1 — Position Information
The following table summarizes the key attributes of the position for which this H-1B petition is being filed. This information should be read in conjunction with the detailed job duties, tools and technologies, and supervisory structure described in the remainder of this Part II.
The position described herein is a bona fide, full-time specialty occupation position that exists within the Petitioner's established organizational structure and is essential to OWS's ongoing engineering operations. The beneficiary will be employed directly by OWS and will work under the supervision of OWS management at the company's own facilities. The beneficiary will not be placed at third-party client sites on a regular or ongoing basis, except as described in Part V of this Exhibit in connection with limited, short-term travel for installation, commissioning, and integration support.
Section 2.2 — Proffered Wage and Prevailing Wage Comparison
OWS will compensate the beneficiary at a total annual compensation level that meets or exceeds both (a) the prevailing wage for the applicable occupational classification in the relevant Metropolitan Statistical Area ("MSA"), as determined by the U.S. Department of Labor ("DOL") Online Wage Library using Occupational Employment and Wage Statistics ("OES") data, and (b) the actual wage paid by OWS to all other employees holding the same position at the company with similar experience and qualifications.
Proffered Annual Compensation:
The beneficiary's proffered compensation consists of a base salary and restricted stock unit ("RSU") annual vesting, as follows:
• Base Salary: $[AMOUNT] per year
• RSU Annual Vesting: $[AMOUNT] per year (based on the grant-date fair market value of restricted stock units vesting annually over a four-year schedule)
• Total Annual Compensation: $[TOTAL] per year
For reference, OWS's current compensation structure for the relevant engineering levels is as follows:
Applicable Prevailing Wage Data:
The following prevailing wage rates are drawn from the DOL Online Wage Library, using OES survey data for the San Jose-Sunnyvale-Santa Clara, California MSA. The applicable wage level has been determined based on the duties, complexity, supervisory responsibilities, and minimum requirements of the position, consistent with DOL guidance:
Wage Compliance Confirmation:
OWS hereby confirms that the proffered annual compensation to the beneficiary meets or exceeds the higher of (i) the prevailing wage for the applicable SOC code, wage level, and MSA as certified on the Labor Condition Application ("LCA") filed in connection with this petition, and (ii) the actual wage paid by OWS to all other employees with similar experience and qualifications employed in the same occupation at the same worksite location. This confirmation is made in accordance with INA § 212(n)(1)(A) and 20 CFR § 655.731.
LCA Case Number: [INSERT CERTIFIED LCA CASE NUMBER]
The certified LCA corresponding to this petition is attached hereto as Appendix C. The LCA was filed through the DOL Foreign Labor Application Gateway ("FLAG") system and was certified prior to the submission of this Form I-129 petition, as required by applicable regulations.
Section 2.3 — Detailed Job Duties and Percentage Breakdown
This section sets forth the specific, day-to-day professional duties that the beneficiary will be required to perform in the proffered position. The duties described below are inherently specialized in nature and require the theoretical and practical application of a body of highly specialized knowledge that is attainable only through the completion of a bachelor's or higher degree (or its equivalent) in a directly related engineering or scientific discipline.
Important Note: The duty breakdown presented below must be customized for each individual beneficiary based on the specific position to which the beneficiary will be assigned. The template framework below provides an illustrative duties breakdown for a Photonics Process Engineer (SOC 17-2199) position. Comparable breakdowns for each distinct position — including Analog Design Engineer, Verification Engineer, Thermal Engineer, and EDA Tools Developer — are provided in Appendix B to this Exhibit.
Template Duties Breakdown — Photonics Process Engineer (SOC 17-2199)
Total: 100%
The duties enumerated above are representative of the core responsibilities of the position and reflect the actual work that the beneficiary will perform on a daily, weekly, and ongoing basis throughout the H-1B validity period. Each duty requires the application of advanced theoretical knowledge and specialized technical skills that are directly related to the beneficiary's field of study and professional training.
Additional Position-Specific Duty Breakdowns:
Supplemental duty breakdowns for the following alternative positions are provided in Appendix B to this Exhibit, each with the same level of specificity as the template above:
• Appendix B-1: Photonics Process Engineer (Naveen Sharma) — SOC 17-2199
• Appendix B-2: Analog Design Engineer (Yuki Tanaka) — SOC 17-2072
• Appendix B-3: Verification Engineer (Ekaterina Solovyova) — SOC 15-1252
• Appendix B-4: Thermal Engineer (Ahmed Hassan) — SOC 17-2072
• Appendix B-5: EDA Tools Developer (Min-Jun Lee) — SOC 15-1252
Section 2.4 — Tools, Technologies, and Methodologies
The proffered position requires proficiency in a range of specialized software applications, engineering tools, laboratory equipment, and technical methodologies. The tools and technologies listed below are industry-standard instruments and platforms used in the design, fabrication, characterization, and analysis of photonic integrated circuits and related semiconductor devices. Mastery of these tools requires formal education and training at the bachelor's degree level or higher in a directly related engineering or scientific discipline, and their use in the context of the proffered position is consistent with the specialty occupation classification sought in this petition.
The following list is illustrative and reflects the toolset for the Photonics Process Engineer position template. This list must be customized for each individual beneficiary based on the specific position to which the beneficiary will be assigned (see Appendix B for position-specific toolsets).
Simulation and Design Software:
• Greaves Health IT — for finite-difference time-domain electromagnetic simulation of photonic structures, waveguides, gratings, and optical modulators
• Marlowe Systems MODE — for eigenmode expansion and waveguide mode analysis
• Marlowe Systems INTERCONNECT — for circuit-level photonic system simulation
• Marlowe Technologies — for beam propagation method (BPM) simulations and photonic device modeling
• Harborline Solutions Multiphysics — for multiphysics modeling of thermal, mechanical, and electromagnetic interactions in photonic devices
• Marlowe Health IT — for layout design and verification of photonic and electronic integrated circuits
• Camberwell Health IT TCAD — for technology computer-aided design and semiconductor process simulation
• KLayout — for GDSII mask layout editing and design rule checking
Data Analysis and Programming:
• MATLAB — for numerical computation, data visualization, and statistical analysis of experimental results
• Python (NumPy, SciPy, Pandas, Matplotlib) — for scripting, automated data processing, and machine learning-based process optimization
• JMP — for statistical design of experiments (DOE), process capability analysis, and multivariate data analysis
• R — for advanced statistical modeling and data visualization
Fabrication and Characterization Equipment:
• Cleanroom fabrication tools: Electron-beam lithography systems, deep-UV photolithography steppers, reactive ion etching (RIE) systems, plasma-enhanced chemical vapor deposition (PECVD) systems, sputtering systems, wet etch benches, and thermal oxidation furnaces
• Wafer-level testing equipment: Automated probe stations, optical spectrum analyzers, high-speed photodetectors, tunable laser sources, and vector network analyzers
• Failure analysis instruments: Scanning electron microscopes (SEM), transmission electron microscopes (TEM), focused ion beam (FIB) systems, energy-dispersive X-ray spectroscopy (EDS), atomic force microscopes (AFM), and optical profilometers
Methodologies and Standards:
• Design of Experiments (DOE) — Taguchi, response surface, and full factorial methods
• Statistical Process Control (SPC) — control charting, process capability indices (Cp, Cpk)
• Failure Mode and Effects Analysis (FMEA) — for process risk assessment
• ISO 9001:2015 — quality management system requirements
• JEDEC and Telcordia reliability testing standards (GR-468-CORE)
Section 2.5 — Supervisory Structure
The following information describes the supervisory and reporting relationships applicable to the proffered position within OWS's organizational structure. This information is provided to demonstrate that the position exists within a well-defined corporate hierarchy and that the beneficiary will be subject to direct supervision by qualified engineering management.
The beneficiary's immediate supervisor holds a doctoral or master's degree in a directly related engineering discipline and has extensive professional experience in the management of engineering teams responsible for the development of photonic integrated circuits and related semiconductor technologies. The supervisor is responsible for overseeing the beneficiary's day-to-day work assignments, conducting periodic performance evaluations, approving technical deliverables, and ensuring that the beneficiary's work product meets OWS's quality and engineering standards.
An organizational chart excerpt showing the beneficiary's position within OWS's reporting structure is provided in Appendix A to this Exhibit. The illustrative hierarchy is as follows:
Chief Executive Officer (Arvind Velathan) → Vice President of Engineering (Dr. Yun-Sheng Chen) → → [Department Head / Manager] → → → [Beneficiary Position]
The organizational chart will be customized for each individual beneficiary to reflect the specific department, team, and reporting line applicable to the beneficiary's assigned role.
PART III: MINIMUM EDUCATIONAL AND EXPERIENCE QUALIFICATIONS
Section 3.1 — Minimum Education Requirement
The proffered position requires a minimum of a bachelor's degree (or its foreign equivalent, as evaluated by a qualified credentials evaluation service) in a directly related engineering or scientific discipline. This educational requirement is essential because the duties of the position involve the application of advanced theoretical knowledge in photonics, electromagnetics, semiconductor physics, materials science, signal processing, and related technical domains that is attainable only through the completion of a structured university-level curriculum culminating in the award of at least a baccalaureate degree.
The following fields of study are qualifying for the proffered position:
• Electrical Engineering
• Electronics Engineering
• Photonics Engineering
• Optical Engineering
• Physics (with a concentration or specialization in photonics, optics, or applied physics)
• Computer Engineering
• Materials Science and Engineering
• Mechanical Engineering (specifically for thermal management and thermo-mechanical design roles)
• A closely related engineering or scientific field, provided the applicant's coursework demonstrates a direct and substantial relationship to the duties of the proffered position
OWS hereby confirms that this degree requirement is consistently applied to all individuals employed in this position at the company, regardless of their citizenship or immigration status. Every employee currently holding a comparable engineering position at OWS — including both U.S. workers and nonimmigrant workers — possesses at minimum a bachelor's degree in one of the qualifying fields listed above. This uniform application of the degree requirement reflects both OWS's internal hiring standards and the inherent demands of the position itself.
Furthermore, the bachelor's degree requirement for this type of position is the established norm within the semiconductor and photonics industry. This is corroborated by the DOL's Occupational Outlook Handbook ("OOH"), which states that a bachelor's degree in electrical engineering, electronics engineering, or a related field is typically required for entry-level positions in the electronics and semiconductor engineering profession. The OOH entry for "Electrical and Electronics Engineers" specifically notes that "[a] bachelor's degree in electrical engineering, electronics engineering, or a related field is needed for most entry-level jobs." Similarly, the OOH entry for "Engineers" in the "All Other" residual category confirms that most engineering positions in specialized subdisciplines require at minimum a bachelor's degree in the relevant engineering specialty.
The minimum education requirement established by OWS for the proffered position is consistent with the specialty occupation criteria set forth under INA § 214(i)(1) and the implementing regulations at 8 CFR § 214.2(h)(4)(ii), as discussed further in Section 3.4 below.
Section 3.2 — Minimum Experience Requirement
In addition to the minimum educational qualifications described in Section 3.1, the proffered position requires the following minimum professional experience:
• [INSERT NUMBER] year(s) of progressive, post-baccalaureate professional experience in [relevant discipline — e.g., photonic integrated circuit design, silicon photonics process engineering, analog IC design, digital design verification, thermal management engineering, or EDA software development]; or
• A master's degree or higher in a directly related field, with [INSERT NUMBER] year(s) of progressive, post-baccalaureate professional experience in the relevant discipline.
The experience requirement reflects the specialized nature of the duties described in Part II and the level of independent judgment, technical expertise, and professional responsibility that the position demands. The beneficiary must possess demonstrated specialized knowledge and skills in the following areas (customized per position):
• [Customize per position — e.g., hands-on experience with photonic integrated circuit design and fabrication processes, including waveguide patterning, modulator integration, and silicon photonics platform development]
• [e.g., proficiency in electromagnetic simulation tools (Marlowe Systems FDTD, Harborline Solutions Multiphysics) and statistical data analysis methodologies]
• [e.g., demonstrated experience in high-speed optical modulator characterization, including S-parameter measurements, eye diagram analysis, and bit error rate testing]
• [e.g., familiarity with semiconductor cleanroom processes, including lithography, etching, deposition, and metrology]
Section 3.3 — License or Certification Requirements
[Specify any required professional licenses or certifications applicable to the proffered position, or state the following:]
No specific professional license or certification is required for the proffered position at this time. However, the beneficiary's academic credentials, including any foreign degree, must be evaluated by a qualified credentials evaluation service (e.g., Halcyon Systems, Thackeray Systems (ECE), or Granite Harbor Data Systems) and determined to be equivalent to at minimum a U.S. bachelor's degree in a qualifying field of study, as described in Section 3.1.
Section 3.4 — Specialty Occupation Justification Summary
The proffered position qualifies as a "specialty occupation" within the meaning of INA § 214(i)(1) and 8 CFR § 214.2(h)(4)(ii). A specialty occupation is defined as an occupation 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 a specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The proffered position satisfies each of the four regulatory criteria for specialty occupation classification, as follows:
Criterion 1 — A bachelor's or higher degree (or its equivalent) is normally the minimum requirement for entry into the particular position.
The proffered position requires the application of advanced knowledge in photonics, semiconductor physics, electromagnetic theory, materials science, and related engineering disciplines. This body of knowledge is acquired exclusively through formal university-level education culminating in at least a bachelor's degree in a directly related field. The DOL's Occupational Outlook Handbook confirms that a bachelor's degree is the standard entry-level educational requirement for electronics engineers, photonics engineers, software developers, and related engineering occupations. The position cannot be performed by an individual holding only a high school diploma, associate's degree, or a bachelor's degree in an unrelated field, because the duties require specialized technical competencies that are developed through a structured four-year engineering or scientific curriculum.
Criterion 2 — The degree requirement is common to the industry in parallel positions among similar organizations.
A review of comparable job postings and industry practices demonstrates that other semiconductor and photonics companies — including Hollowell Group, Dunmore Industries, Tidewater Partners LLC, Drayton Group, Calderon Partners LLC, Ridgeway Group (now Ridgeline & Co.), and Brightwater Enterprises — consistently require a minimum of a bachelor's degree in electrical engineering, photonics engineering, physics, or a related field for analogous engineering positions. This degree requirement is a universal standard within the semiconductor photonics industry and is not unique to OWS. A detailed analysis of industry job postings and educational requirements for parallel positions is provided in the Specialty Occupation Analysis Memorandum prepared by Dr. Lena Marchetti, which is submitted as a separate filing exhibit in support of this petition.
Criterion 3 — The employer normally requires a degree or its equivalent for the position.
OWS has consistently required a bachelor's degree or higher in a directly related engineering or scientific discipline for all employees holding the same or comparable positions within the company. A review of the educational backgrounds of all current OWS employees in the same occupational classification confirms that 100% of these individuals hold at minimum a bachelor's degree in a qualifying field. This hiring practice is codified in OWS's internal job specifications and human resources policies, and has been applied uniformly since the company's founding.
Criterion 4 — The nature of the specific duties is so specialized and complex that the knowledge required to perform them is usually associated with the attainment of a bachelor's or higher degree.
The duties of the proffered position, as described in detail in Section 2.3, involve the design, modeling, optimization, and characterization of photonic integrated circuits using advanced simulation tools, cleanroom fabrication processes, and statistical analysis methodologies. These duties require a depth and breadth of specialized knowledge — including Maxwell's equations, waveguide theory, semiconductor device physics, quantum mechanics, statistical mechanics, and advanced mathematics — that is typically acquired only through the completion of a bachelor's or higher degree program in a directly related engineering discipline. The complexity and specialization of the duties distinguish this position from general technician or operator roles and establish that it is a bona fide specialty occupation.
For a comprehensive analysis of the specialty occupation classification, including a detailed review of industry standards, comparable job postings, and DOL occupational data, the Adjudicator is respectfully referred to the Specialty Occupation Analysis Memorandum prepared by Dr. Lena Marchetti, Ph.D. (Electrical Engineering, Stanford University), which is filed as a separate supporting exhibit in connection with this petition.
PART IV: PRIMARY WORKSITE INFORMATION
Section 4.1 — Primary Worksite
The beneficiary's primary worksite — and the principal place of employment for purposes of this petition and the associated Labor Condition Application — is the Petitioner's corporate headquarters in San Jose, California.
Description of Physical Work Environment:
The San Jose headquarters comprises approximately 85,000 square feet of combined office, laboratory, and cleanroom space. The facility includes open and enclosed office spaces for engineering staff, conference rooms equipped for video conferencing and design reviews, and dedicated laboratory areas for photonic IC prototyping, wafer-level testing, and device characterization. The facility houses Class 100 and Class 1000 cleanroom areas used for photonic integrated circuit fabrication prototyping, including lithography, thin-film deposition, etching, and metrology processes. The beneficiary will have regular access to the cleanroom facilities, test laboratories, and office spaces necessary to perform the duties described in Part II.
The beneficiary will report to this location as the primary place of employment throughout the H-1B validity period. The LCA filed in connection with this petition covers the San Jose-Sunnyvale-Santa Clara, CA MSA, and the prevailing wage determination applicable to this petition is based on the occupational wage data for this MSA, as set forth in Section 2.2.
Section 4.2 — Secondary Worksites
In addition to the primary worksite described in Section 4.1, OWS maintains two secondary facilities where the beneficiary may occasionally perform work, depending on project requirements and cross-site collaboration needs.
Site B — Austin Design Center
If the beneficiary will perform work at the Austin Design Center on a regular or recurring basis — i.e., if the placement at this worksite does not qualify for the short-term placement exception under 20 CFR § 655.735 — a separate Labor Condition Application must be filed and certified for the Austin-Round Rock-Georgetown, TX MSA prevailing wage prior to the commencement of work at this location.
Site C — Portland Test Facility
If the beneficiary will perform work at the Portland Test Facility on a regular or recurring basis — i.e., if the placement at this worksite does not qualify for the short-term placement exception under 20 CFR § 655.735 — a separate Labor Condition Application must be filed and certified for the Portland-Vancouver-Hillsboro, OR-WA MSA prevailing wage prior to the commencement of work at this location.
Section 4.3 — Remote Work Arrangements
As noted in Section 1.1, OWS employs approximately 25 employees in remote or telecommuting arrangements across multiple states. If the proffered position involves any regular telecommuting or remote work component — including work performed from the beneficiary's home residence on a recurring basis — the following conditions must be satisfied:
1. The beneficiary's home worksite address must be identified and documented in the petition file.
2. An LCA must be filed and certified for the MSA corresponding to the beneficiary's home worksite location, unless the home worksite is within the same MSA as the primary worksite (Site A — San Jose-Sunnyvale-Santa Clara, CA MSA), in which case the existing LCA provides coverage.
3. OWS must maintain records of the beneficiary's remote work schedule and ensure that all applicable LCA posting and wage obligations are satisfied for each worksite at which the beneficiary performs work.
If the beneficiary will not engage in any regular telecommuting or remote work and will work exclusively at the primary worksite (Site A), this section is not applicable, and no additional LCA coverage for a remote worksite is required.
[INDICATE: Does this position involve regular remote/telecommuting work? YES / NO. If YES, specify the home worksite address and confirm LCA coverage.]
PART V: ITINERARY FOR POSITIONS INVOLVING TRAVEL
Section 5.1 — Applicability Statement
This Part V is provided in accordance with 8 CFR § 214.2(h)(2)(i)(B), which requires that a petition for an H-1B nonimmigrant worker involving services to be performed in more than one location include a complete itinerary of services, including the dates and locations of the services to be provided. This Part V applies to beneficiaries whose positions involve travel to secondary worksites, client or partner facilities, or other temporary locations outside of the primary worksite described in Section 4.1.
If the beneficiary will work exclusively at the primary worksite (Site A — 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134) for the entirety of the requested H-1B validity period, this Part V is Not Applicable, and the remainder of Part V may be omitted from the filing.
If Part V is applicable, the following sections describe the anticipated travel schedule, the nature and purpose of travel, and OWS's compliance framework for managing worksite changes during the H-1B validity period.
Section 5.2 — Anticipated Travel to OWS Secondary Worksites
The beneficiary's position may require periodic travel to OWS's secondary facilities in Austin, Texas (Site B) and Portland, Oregon (Site C) for purposes of cross-site collaboration, design reviews, prototype testing, equipment qualification, and other engineering activities that require in-person participation.
Anticipated Travel Parameters:
• Frequency: [e.g., Quarterly / Monthly / As needed, based on project milestones and design review schedules]
• Duration per Trip: [e.g., 2–5 business days per trip]
• Purpose: [e.g., Design reviews and technical integration meetings; prototype testing and characterization at the Portland Test Facility; analog/mixed-signal design collaboration at the Austin Design Center]
Secondary Worksite Addresses:
• Austin Design Center (Site B): 7600 Spectrum Drive, Building 4, Austin, TX 78729
• Portland Test Facility (Site C): 1425 Northwest Couch Street, Suite 200, Portland, OR 97209
LCA Coverage for Secondary Worksites:
OWS acknowledges that if the beneficiary's travel to a secondary worksite located outside of the San Jose-Sunnyvale-Santa Clara, CA MSA constitutes placement at that worksite (as distinguished from short-term travel covered by the short-term placement exception under 20 CFR § 655.735), a separate LCA must be filed and certified for the applicable MSA before the beneficiary begins work at that location. OWS will evaluate the applicability of the short-term placement exception on a trip-by-trip basis and will file additional LCAs as necessary to ensure full compliance.
Section 5.3 — Short-Term Placements at Third-Party Client/Partner Facilities
In the ordinary course of business, the beneficiary may be required to travel to third-party client data center locations and partner or vendor facilities to provide installation, commissioning, and integration support for OWS's photonic interconnect products. These placements are incidental to the beneficiary's primary employment at OWS's San Jose headquarters and are necessary to ensure that OWS's products are properly integrated into customer environments and meet contractual performance specifications.
Applicability of the Short-Term Placement Exception (20 CFR § 655.735):
OWS intends to rely on the short-term placement exception under 20 CFR § 655.735 for the beneficiary's travel to third-party client and partner facilities, provided that the following conditions are satisfied for each placement:
(a) The beneficiary's placement at any single non-LCA worksite will not exceed thirty (30) workdays within any twelve (12)-month period.
(b) The beneficiary will continue to maintain the primary worksite (Site A — San Jose, CA) as the home worksite, and the beneficiary will spend the majority of working time at the primary worksite during the twelve-month period.
(c) The beneficiary will not be placed at the third-party location for the purpose of displacing a U.S. worker at that location.
(d) OWS will comply with all LCA obligations — including posting requirements, public access file maintenance, and wage requirements — applicable at the primary worksite for the duration of the beneficiary's placement at the third-party location.
(e) OWS will maintain contemporaneous records of the beneficiary's travel dates, work locations, and the number of workdays spent at each third-party site.
In the event that a placement at any single third-party site is expected to exceed thirty (30) workdays within a twelve-month period, or if OWS determines that the short-term placement exception is otherwise inapplicable, OWS will file a new LCA for that worksite location prior to the beneficiary's commencement of work at that site. This practice is consistent with the requirements established by USCIS in Matter of Simeio Solutions, LLC, Adopted Decision 2014-01 (AAO Apr. 9, 2014), 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 that necessitates a new LCA.
Estimated Travel Schedule:
The following table provides an estimated annual travel schedule for the beneficiary's anticipated placements at third-party facilities. Actual travel dates and destinations may vary based on customer project timelines, product release schedules, and business needs.
OWS estimates that the beneficiary's total travel time — inclusive of all secondary worksite visits, third-party client placements, and conference attendance — will not exceed approximately [__] business days per calendar year, representing approximately [__]% of the beneficiary's total working time. The vast majority of the beneficiary's time will be spent performing duties at the primary worksite in San Jose, California.
Section 5.4 — Confirmation of Compliance
OWS hereby confirms that it will comply with all worksite posting obligations, LCA amendment requirements, and new LCA filing obligations that may be triggered by any change in or addition of worksite locations during the beneficiary's H-1B validity period. This commitment extends to compliance with all applicable provisions of:
• 20 CFR § 655.734 — Requirements regarding public access to LCA information
• 20 CFR § 655.735 — Short-term placement of H-1B workers at non-LCA worksites
• The USCIS Administrative Appeals Office decision in Matter of Simeio Solutions, LLC, Adopted Decision 2014-01 (AAO Apr. 9, 2014), requiring the filing of an amended or new H-1B petition upon a material change in worksite location that necessitates a new LCA
• All applicable provisions of INA § 212(n) and 20 CFR Part 655, Subparts H and I
OWS's internal worksite compliance policy designates Rajesh Anand, Immigration Program Manager (email: ranand@optiwavesemi.com; tel: (408) 555-0173), as the responsible party for monitoring worksite changes, maintaining contemporaneous travel records, and initiating LCA amendment requests through the company's immigration counsel of record, Calderwood & Harkness LLP. Mr. Anand reports to Patricia Langford, General Counsel, and coordinates with the Human Resources and Engineering departments to ensure that all worksite changes are identified and addressed in a timely manner.
In the event of any material change in the terms and conditions of the beneficiary's employment — including, but not limited to, a change in job duties, worksite location, or compensation — OWS will promptly notify Calderwood & Harkness LLP and will take all steps necessary to ensure that the petition and associated LCA accurately reflect the current terms of employment.
PART VI: ATTESTATION AND CERTIFICATION
Section 6.1 — Employer Attestation
The undersigned authorized representative of Optiwave Semiconductor Corp. hereby attests and certifies, under penalty of perjury under the laws of the United States, as follows:
1. Accuracy of Information. The information provided in this Exhibit, including all attachments and appendices, is true, correct, and complete to the best of the signatory's knowledge and belief. No material facts have been omitted or misrepresented.
2. Bona Fide Position. The position described herein is a bona fide, full-time specialty occupation position within OWS's organizational structure. The position exists independently of this petition, and OWS has a genuine and continuing need for the services of a qualified professional in this role.
3. Wage Compliance. OWS will pay the beneficiary no less than the higher of (a) the actual wage paid by OWS to all other employees with similar experience and qualifications holding the same position at the applicable worksite, and (b) the prevailing wage for the occupational classification in the area of intended employment, as determined by the U.S. Department of Labor and certified on the Labor Condition Application filed in connection with this petition. OWS will continue to comply with all wage obligations for the duration of the H-1B validity period.
4. Terms and Conditions of Employment. The terms and conditions of employment described in this Exhibit — including the job duties, compensation, worksite location, and supervisory structure — will remain in effect for the duration of the H-1B validity period, unless an amended or new petition is filed with USCIS to reflect any material changes, consistent with applicable regulations and the guidance in Matter of Simeio Solutions, LLC.
5. Non-Dependent Employer Status. OWS is not an H-1B dependent employer. As of the date of this filing, approximately 4.12% of the company's total workforce (14 out of approximately 340 employees) holds H-1B status, which is well below the 15% threshold for H-1B dependent employer status under INA § 212(n)(3)(A).
6. No Displacement. OWS has not displaced, and will not displace, any U.S. worker in connection with this petition. The beneficiary will not be placed at a worksite of another employer where the beneficiary will be controlled and supervised by that other employer, except as described in Part V in connection with short-term placements at client and partner facilities for product installation and integration purposes.
7. Compliance with All Applicable Laws. OWS will comply with all applicable federal, state, and local laws and regulations governing the employment of nonimmigrant workers, including but not limited to the Immigration and Nationality Act, the regulations of the U.S. Department of Labor, and the regulations of U.S. Citizenship and Immigration Services.
Section 6.2 — Signature block
OPTIWAVE SEMICONDUCTOR CORP.
By: ________
Printed Name: [AUTHORIZED SIGNATORY NAME]
Title: [e.g., VP of Engineering / General Counsel]
Date: ________
Company: Optiwave Semiconductor Corp.
Address: 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134
FEIN: 82-4931076
APPENDIX A: ORGANIZATIONAL CHART EXCERPT
[Placeholder for Organizational Chart]
The following organizational chart excerpt shows the beneficiary's position within the reporting structure of Optiwave Semiconductor Corp. This chart is illustrative and will be customized for each individual beneficiary to reflect the specific department, team, and reporting line applicable to the beneficiary's assigned role.