OPTIWAVE SEMICONDUCTOR CORP.
4820 Veltrano Parkway, Suite 300 San Jose, CA 95134
Tel: (408) 555-7200
Email: immigration@optiwavesemi.com
[DATE]
Preparer's Note: Insert the date of mailing or filing with USCIS. For FY2026 cap-subject petitions, target filing date is June 25, 2025, with a filing deadline of June 30, 2025.
U.S. Citizenship and Immigration Services California Service Center 24000 Avila Road Laguna Niguel, CA 92677
Preparer's Note: If the petition is routed to the Texas Service Center for overflow processing, adjust the addressee block to: USCIS Texas Service Center, 6046 N. Belt Line Road, Irving, TX 75038. Confirm routing instructions with the USCIS filing instructions current at the time of submission.
Re: Form I-129 Petition for Nonimmigrant Worker — H-1B Specialty Occupation
Petitioner: Optiwave Semiconductor Corp. FEIN: 82-4931076 Beneficiary: [BENEFICIARY FULL NAME] Classification Sought: H-1B (Specialty Occupation), pursuant to INA § 101(a)(15)(H)(i)(b) Petition Type: [Initial Employment / Change of Employer / Extension of Stay / Amendment] Requested Validity Period: [START DATE] through [END DATE]
Preparer's Note: Select the applicable petition type. For FY2026 cap-subject beneficiaries (Naveen Sharma, Yuki Tanaka, Ekaterina Solovyova, Ahmed Hassan, Min-Jun Lee), select "Initial Employment." For beneficiaries transferring from Granville Staffing Solutions, Inc. or another employer, select "Change of Employer." Ensure consistency with the Form I-129 and the certified LCA.
Dear USCIS Adjudicator:
I. Introduction and Purpose of Letter
This letter is respectfully submitted in support of the Form I-129 Petition for Nonimmigrant Worker filed by Optiwave Semiconductor Corp. ("OWS" or "Petitioner") on behalf of [BENEFICIARY FULL NAME] (hereinafter, the "Beneficiary"). The purpose of this letter is to provide the U.S. Citizenship and Immigration Services ("USCIS") with a comprehensive description of the Petitioner's business operations, the nature and requirements of the offered position, the Beneficiary's qualifications, and the terms and conditions of employment, in order to demonstrate that the position qualifies as a specialty occupation under the Immigration and Nationality Act ("INA") and applicable regulations, and that the Beneficiary is qualified to fill such position.
I, Dr. Yun-Sheng Chen, am the Vice President of Engineering at Optiwave Semiconductor Corp. I have held this position since January 2020 and have direct supervisory authority over the engineering organization within which the offered position is situated. I have personal knowledge of the facts and representations set forth in this letter, including the nature and duties of the position, the educational and experiential requirements for the position, the Petitioner's hiring practices, and the Beneficiary's role within OWS's organizational structure. I make the statements herein based on my direct knowledge and upon information obtained from OWS's records, which are maintained in the ordinary course of business.
Through this petition, OWS seeks to employ the Beneficiary in the specialty occupation position of [POSITION TITLE] at OWS's [WORKSITE LOCATION]. OWS respectfully requests that USCIS classify the Beneficiary under Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b), as a nonimmigrant worker in a specialty occupation, for the requested validity period of [START DATE] through [END DATE].
As set forth in detail below, the offered position satisfies all statutory and regulatory requirements for classification as a specialty occupation, and the Beneficiary possesses the education, training, and experience necessary to perform the duties of the position. OWS has complied with all applicable requirements of the INA and the Department of Labor regulations governing the filing of Labor Condition Applications and the employment of H-1B nonimmigrant workers.
II. Description of the Petitioning Organization
II.A. Company Overview
Optiwave Semiconductor Corp. is a Delaware corporation, organized and existing under the laws of the State of Delaware, that was incorporated on March 14, 2017. OWS is qualified to do business and maintains active registrations in the States of California, Texas, and Oregon. The company's principal place of business and corporate headquarters is located at 4820 Veltrano Parkway, Suite 300, San Jose, California 95134. OWS's registered agent in the State of Delaware is Capitol Registered Agents Inc., located at 1209 Orange Street, Wilmington, Delaware 19801.
OWS operates in the semiconductor and related device manufacturing industry. Pursuant to the North American Industry Classification System, OWS's primary NAICS code is 334413 (Semiconductor and Related Device Manufacturing). The company's Federal Employer Identification Number is 82-4931076.
II.B. Business Description and Products
OWS specializes in the design, development, and fabrication of photonic integrated circuits ("PICs") for data center interconnect applications. The company's products are purpose-built to serve the high-speed optical communications market, enabling next-generation data center architectures that require ultra-low-latency, high-bandwidth interconnect solutions. As data center operators continue to scale their infrastructure to accommodate the exponential growth of cloud computing, artificial intelligence workloads, and machine learning applications, the demand for advanced photonic interconnect solutions has grown significantly. OWS is positioned at the forefront of this critical technology sector.
The company's core competencies span the full product development lifecycle and include photonic component design, semiconductor fabrication processes (including silicon photonics and indium phosphide platforms), advanced packaging and assembly, signal integrity analysis, and systems-level integration. OWS maintains a vertically integrated approach to product development, from initial device modeling and simulation through wafer fabrication, die-level testing, package assembly, and module-level qualification.
OWS's products serve a diverse and growing customer base that includes major data center operators, telecommunications service providers, cloud infrastructure companies, and hyperscale computing enterprises. The company's transceiver modules and photonic integrated circuit platforms are deployed in production data center environments across North America, Europe, and Asia. OWS's technology roadmap is aligned with industry standards promulgated by organizations including the Optical Internetworking Forum ("OIF"), the IEEE 802.3 Working Group, and the Multi-Source Agreement ("MSA") consortia for next-generation pluggable optical modules.
II.C. Financial Information
OWS is a financially stable and growing enterprise with substantial revenues and a strong balance sheet. For the fiscal year ending December 31, 2024, OWS reported annual revenue of $187.4 million, as reflected in the company's audited financial statements prepared by Pendleton Accounting Group LLP, the company's independent certified public accountants. This revenue figure represents continued year-over-year growth driven by increased demand for OWS's photonic interconnect solutions.
The company's Federal Employer Identification Number is 82-4931076. The majority shareholder of OWS is Crestline Ventures Fund IV, LP, which holds a 62.4% equity interest in the company. Crestline Ventures acquired its majority stake in OWS on September 15, 2022, providing growth capital to support the company's expansion of manufacturing capacity and engineering headcount. Additional equity is held by the company's founders, management team, and earlier institutional investors.
Excerpts from OWS's most recent audited financial statements and corporate registration documents are enclosed with this petition as supporting evidence of the company's financial viability and ability to compensate the Beneficiary at the proffered wage.
II.D. Workforce and Facilities
OWS currently employs approximately 340 full-time employees across three physical office and laboratory locations, in addition to a distributed remote workforce. The company's workforce is composed primarily of engineers, scientists, and technical professionals, reflecting the highly specialized nature of OWS's business operations. The company's facilities and employee distribution are as follows:
• Site A — San Jose, California (Corporate Headquarters): Approximately 210 employees are based at OWS's headquarters facility at 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134. This facility houses the company's executive leadership, the core engineering and R&D teams, the product management organization, and corporate support functions including finance, human resources, legal, and business development.
• Site B — Austin, Texas (Design Center): Approximately 65 employees are based at OWS's Austin design center, located at 7600 Spectrum Drive, Building 4, Austin, TX 78729. This facility supports analog and mixed-signal circuit design, digital design verification, and EDA tool development activities.
• Site C — Portland, Oregon (Test and Characterization Facility): Approximately 40 employees are based at OWS's Portland test facility, located at 1425 Northwest Couch Street, Suite 200, Portland, OR 97209. This facility is dedicated to device characterization, reliability testing, failure analysis, and quality assurance.
• Remote Employees: Approximately 25 employees work remotely in various locations across the United States, primarily in field application engineering and business development roles.
OWS is an active participant in the E-Verify program administered by USCIS and the Social Security Administration. OWS's E-Verify Company Identification Number is 1487623. OWS uses the E-Verify system to confirm the employment eligibility of all newly hired employees in compliance with applicable federal requirements.
II.E. H-1B Non-Dependency Attestation
OWS currently employs fourteen (14) workers in H-1B nonimmigrant status out of a total workforce of approximately 340 employees. This represents approximately 4.12% of the company's total workforce. OWS is therefore classified as a non-H-1B-dependent employer, as this percentage falls well below the 15% statutory threshold established under Section 212(n)(3) of the Immigration and Nationality Act, 8 U.S.C. § 1182(n)(3), which applies to employers with 26 or more full-time equivalent employees. Accordingly, OWS is not subject to the additional attestation obligations regarding displacement and recruitment of U.S. workers that are imposed upon H-1B-dependent employers under INA § 212(n)(1)(G).
III. Description of the Offered Position
III.A. Position Title and Classification
OWS seeks to employ the Beneficiary in the following position:
Position Title: [POSITION TITLE]
Standard Occupational Classification (SOC) Code: [SOC CODE]
Employment Type: Full-time, 40 hours per week
Requested Employment Period: [START DATE] through [END DATE]
Preparer's Note: Insert the applicable position title and corresponding SOC code. Representative pairings include:
• Photonics Process Engineer — SOC 17-2072 (Electronics Engineers, Except Computer)
• Analog Design Engineer — SOC 17-2072 (Electronics Engineers, Except Computer)
• Verification Engineer — SOC 15-1252 (Software Developers)
• Thermal Engineer — SOC 17-2199 (Engineers, All Other — Photonics Engineers)
• EDA Tools Developer — SOC 15-1252 (Software Developers)
• Systems Integration Analyst — SOC 15-1211 (Computer Systems Analysts)
Ensure the selected SOC code is consistent with the SOC code listed on the certified Labor Condition Application (ETA Form 9035/9035E) filed for this position.
The position is a permanent, full-time role within OWS's engineering organization. The Beneficiary will be expected to work a minimum of 40 hours per week, 52 weeks per year, in accordance with OWS's standard employment policies. The position is classified as an exempt position under the Fair Labor Standards Act.
III.B. Worksite Location
The Beneficiary will perform the duties of the offered position at the following primary worksite:
[Select applicable site:]
• Site A: 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134 (located within the San Jose-Sunnyvale-Santa Clara, CA Metropolitan Statistical Area)
• Site B: 7600 Spectrum Drive, Building 4, Austin, TX 78729 (located within the Austin-Round Rock-Georgetown, TX Metropolitan Statistical Area)
• Site C: 1425 Northwest Couch Street, Suite 200, Portland, OR 97209 (located within the Portland-Vancouver-Hillsboro, OR-WA Metropolitan Statistical Area)
The Beneficiary's principal place of employment will be the worksite identified above, and the Beneficiary will perform substantially all of the duties of the offered position at that location. OWS maintains a fully equipped engineering workspace, laboratory, and testing infrastructure at each of its facilities sufficient to support the Beneficiary's work.
In the ordinary course of business, the Beneficiary may occasionally be required to travel to customer or partner data center facilities for the purpose of installation, commissioning, debugging, or technical support activities related to OWS products. Any such travel would be of short duration — typically lasting no more than five to ten consecutive business days — and would not constitute a change in the Beneficiary's primary worksite. To the extent applicable, OWS relies on the short-term placement exception set forth in 20 CFR § 655.735, which permits short-term placements at locations not covered by a Labor Condition Application, provided that the placement does not exceed 30 workdays in a one-year period at any single worksite and the worker continues to be based at the worksite identified in the LCA.
A certified Labor Condition Application has been obtained for the identified worksite and is enclosed with this petition.
III.C. Detailed Job Duties
The Beneficiary will perform the following duties in connection with the offered position. Each duty requires the theoretical and practical application of a body of highly specialized knowledge in [SPECIFIC FIELD], and the performance of these duties necessitates at least a bachelor's degree (or its foreign equivalent) in a specific specialty discipline.
Preparer's Note: The following duty descriptions and percentage allocations are representative and must be customized for each beneficiary. The specific duties, tools, methodologies, and percentage allocations should accurately reflect the actual work the beneficiary will perform. Ensure that all duty descriptions clearly articulate the application of specialized knowledge at a level requiring at least a bachelor's degree in the specified field. The total of all percentage allocations must equal 100%.
Duty 1 (approximately [XX]%): [Primary engineering or research responsibility. For example: Design, model, and simulate photonic integrated circuit components — including waveguides, Mach-Zehnder modulators, photodetectors, and arrayed waveguide gratings — using industry-standard electronic design automation ("EDA") tools such as Marlowe Systems FDTD, Marlowe Technologies, Marlowe Health IT, and MATLAB. Apply principles of electromagnetic wave theory, semiconductor physics, and coupled-mode theory to optimize device performance parameters including insertion loss, extinction ratio, bandwidth, and crosstalk. Develop and refine compact models for use in circuit-level simulation of photonic transceiver subsystems.]
Duty 2 (approximately [XX]%): [Secondary responsibility. For example: Develop, document, and execute comprehensive test plans for prototype validation and performance characterization of photonic integrated circuits at the wafer, die, and module levels. Operate and calibrate precision optical and electrical test equipment, including tunable laser sources, optical spectrum analyzers, high-speed oscilloscopes, bit error rate testers, and parameter analyzers. Perform statistical analysis of test data to assess device yield, identify failure modes, and drive design-for-manufacturability improvements.]
Duty 3 (approximately [XX]%): [Tertiary responsibility. For example: Collaborate with cross-functional engineering teams — including analog/mixed-signal IC designers, packaging engineers, firmware developers, and systems architects — to integrate photonic subsystems into next-generation 800G and 1.6T optical transceiver modules. Participate in design reviews, failure analysis investigations, and design-for-test methodology development. Coordinate with external foundry partners to ensure that photonic device designs are compatible with available fabrication process design kits ("PDKs") and manufacturing capabilities.]
Duty 4 (approximately [XX]%): [Additional responsibility. For example: Analyze experimental data, simulation results, and manufacturing yield data using advanced statistical methods and data visualization tools. Prepare detailed technical reports summarizing design trade-offs, experimental findings, and performance benchmarks. Present findings and recommendations to engineering leadership, product management, and customer-facing teams. Author and contribute to peer-reviewed publications and conference presentations in the fields of silicon photonics and optical communications.]
Duty 5 (approximately [XX]%): [Additional responsibility. For example: Contribute to OWS's intellectual property portfolio through the identification, documentation, and prosecution of invention disclosures and patent applications. Work with OWS's legal team and outside patent counsel to prepare technical descriptions, claims language, and prior art analyses for patent filings. Participate in intellectual property review committees and technology landscape assessments.]
The total of all duty allocations for the position equals 100%. Each of the foregoing duties requires the application of highly specialized knowledge in [SPECIFIC FIELD] at a level that is customarily associated with at least a bachelor's degree in that field. The duties cannot be performed by an individual who does not possess such specialized education, as they require a deep understanding of the theoretical principles, analytical methodologies, and technical tools that form the core curriculum of degree programs in [SPECIFIC FIELD].
III.D. Supervisory Structure
The Beneficiary will report directly to [SUPERVISOR NAME AND TITLE], who is responsible for the day-to-day management and technical direction of the engineering team within which the Beneficiary's position is situated. [SUPERVISOR NAME] holds a [degree(s)] in [field(s)] and has [number] years of experience in the semiconductor and photonics industry.
The Beneficiary [will / will not] exercise supervisory authority over other employees in this role. The position is classified as [IC3 Engineer / IC4 Senior Engineer / Principal Engineer / other level designation] within OWS's engineering career ladder, which defines role expectations, compensation bands, and scope of responsibility for each level of the engineering organization.
Preparer's Note: Customize the supervisor name, title, and supervisory scope for each beneficiary. For IC3-level positions, the beneficiary typically will not supervise other employees. For IC4 and above, the beneficiary may mentor junior engineers or lead small project teams.
IV. Specialty Occupation Qualifications
IV.A. Minimum Education Requirement
OWS requires that any individual employed in the offered position hold, at minimum, a bachelor's degree (or its foreign equivalent) in [SPECIFIC FIELD(S) — e.g., Electrical Engineering, Photonics Engineering, Physics, Materials Science, Computer Engineering, or a closely related field]. This minimum educational requirement is a bona fide requirement that OWS applies consistently to all candidates for this position, regardless of national origin or immigration status.
Preparer's Note: For IC4 Senior Engineer or Principal Engineer positions, specify a Master's degree or Ph.D. as the minimum requirement if applicable. Ensure the degree field(s) specified are sufficiently specific to establish a direct relationship between the required course of study and the duties of the position.
The bachelor's degree requirement is directly and specifically related to the specialized and complex nature of the duties described in Section III.C above. The duties of the offered position require a comprehensive understanding of [e.g., electromagnetic wave theory, semiconductor device physics, photonic component design, signal processing, and advanced mathematics] — subjects that form the core curriculum of accredited bachelor's degree programs in [SPECIFIC FIELD]. An individual who has not completed a rigorous course of study in [SPECIFIC FIELD] at the baccalaureate level would not possess the foundational knowledge necessary to perform the duties of the position.
IV.B. Minimum Experience Requirement
In addition to the educational requirement described above, the offered position requires a minimum of [X] years of progressive, post-baccalaureate professional experience in [SPECIFIC AREA — e.g., photonic device design, semiconductor process integration, analog circuit design, or a closely related field]. This experience must include direct, hands-on involvement in tasks and projects that are substantially similar in nature and complexity to the duties of the offered position.
Preparer's Note: Customize the number of years of required experience based on the position level:
• IC3 Engineer: 0–2 years
• IC4 Senior Engineer: 3–5 years
• Principal Engineer: 7+ years
For entry-level IC3 positions filled by recent graduates (e.g., F-1 OPT/STEM OPT candidates), 0 years of post-degree experience may be specified, with reliance on the beneficiary's academic coursework, research projects, and internship experience to demonstrate qualification.
Alternatively, a combination of education and progressively responsible specialized training equivalent to the required degree may be considered acceptable for this position, evaluated on a case-by-case basis in accordance with the regulatory framework set forth in 8 CFR § 214.2(h)(4)(ii). OWS maintains consistent hiring standards for all candidates and evaluates alternative qualifications against the same substantive benchmarks as traditional degree holders.
IV.C. Specialty Occupation Criteria Under 8 CFR § 214.2(h)(4)(ii)
The offered position qualifies as a "specialty occupation" as defined under Section 214(i)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1184(i)(1), which provides that a specialty occupation is 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 a specific specialty (or its equivalent) as a minimum for entry into the occupation. The position satisfies the regulatory criteria set forth in 8 CFR § 214.2(h)(4)(ii), as demonstrated below:
Criterion 1: A bachelor's or higher degree in a specific specialty, or its equivalent, is the normal minimum requirement for entry into the particular position.
The position of [POSITION TITLE] at OWS requires, as a normal minimum requirement for entry, a bachelor's degree (or its foreign equivalent) in [SPECIFIC FIELD]. This requirement is consistent with the nature and complexity of the duties described in Section III.C. The position requires the application of advanced principles of [e.g., photonic device physics, electromagnetic theory, semiconductor fabrication processes, and circuit analysis], which are the subject of concentrated study in bachelor's degree programs in [SPECIFIC FIELD]. The U.S. Department of Labor's Occupational Outlook Handbook confirms that positions classified under SOC [SOC CODE] — [SOC TITLE] — typically require a bachelor's degree in engineering or a related field for entry-level positions. OWS's minimum education requirement is consistent with this industry norm.
Criterion 2: The degree requirement is common to the industry in parallel positions among similar organizations, or, alternatively, the position is so complex or unique that it can be performed only by an individual with a degree in a specific specialty.
The requirement of a bachelor's degree in [SPECIFIC FIELD] for positions comparable to the offered position is common and well-established throughout the semiconductor and photonics industries. A review of job postings from peer companies in the photonic integrated circuit and semiconductor manufacturing sectors — including companies such as Harborview Industries, Tarrant Enterprises, Brightwater Enterprises, Tidewater Partners LLC (Ostrander Corporation), Drayton Group, and Calderon Partners LLC — demonstrates that these organizations uniformly require a minimum of a bachelor's degree in electrical engineering, photonics engineering, physics, or a closely related field for comparable positions. Furthermore, the specific duties of the offered position at OWS are of such complexity and specialization — involving, for example, the design and simulation of photonic waveguide structures, the development of process design kits for advanced fabrication nodes, and the statistical analysis of device yield data — that they can only be performed by an individual who has attained a degree in the specific specialty disciplines identified herein.
Criterion 3: The employer normally requires a degree or its equivalent for the position.
OWS has consistently required a minimum of a bachelor's degree in [SPECIFIC FIELD] for the offered position and for all comparable positions within its engineering organization. A review of OWS's hiring records demonstrates that all individuals previously or currently employed in the [POSITION TITLE] role, or in substantially similar roles, possess at least a bachelor's degree in [SPECIFIC FIELD] or a closely related discipline. OWS does not hire individuals for this position who do not meet the minimum educational requirement, and OWS's internal job requisition system mandates verification of educational credentials prior to the extension of any offer of employment for engineering positions.
Criterion 4: The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.
The duties of the offered position, as described in detail in Section III.C, are highly specialized and complex. The [POSITION TITLE] role at OWS requires the Beneficiary to [e.g., apply coupled-mode theory and finite-difference time-domain simulation techniques to the design of photonic integrated circuit components; develop and validate compact device models for circuit-level photonic simulation; perform statistical process control analysis on fabrication yield data; and integrate photonic subsystems with high-speed electronic driver and transimpedance amplifier circuits]. These duties require not only a thorough grounding in the theoretical principles of [SPECIFIC FIELD] but also the ability to apply those principles to the solution of complex, real-world engineering problems in a production semiconductor environment. The knowledge required to perform these duties is of a nature and level that is usually associated with the attainment of a bachelor's or higher degree in [SPECIFIC FIELD].
Preparer's Note: For each petition, address at minimum Criteria 1, 3, and 4 with specific facts drawn from the actual duties and requirements of the position. Where possible, address all four criteria. Tailor the discussion under each criterion to the specific position title, SOC code, and duty description for the beneficiary.
IV.D. Beneficiary's Qualifications
The Beneficiary possesses the education, training, and professional experience necessary to perform the duties of the offered position, and meets or exceeds the minimum qualifications set forth in Sections IV.A and IV.B above.
Educational Credentials:
[Insert Beneficiary-specific educational credentials, including:
• Degree(s) earned (e.g., Bachelor of Science, Master of Science, Doctor of Philosophy)
• Field(s) of study (e.g., Electrical Engineering, Photonics, Physics)
• Institution(s) (full name, city, and country)
• Date(s) of graduation or degree conferral
• If the degree was earned at a foreign institution, reference the enclosed credential evaluation report prepared by a NACES-member evaluation agency confirming the equivalency of the foreign degree to a U.S. bachelor's (or higher) degree in the specified field]
Professional Experience:
[Insert Beneficiary-specific professional experience, including:
• Employer name(s)
• Position title(s)
• Dates of employment (month/year to month/year)
• Location(s) of employment
• Description of duties and specialized experience, with emphasis on how the experience is directly relevant to the offered position at OWS]
Preparer's Note: For candidates currently in F-1 Optional Practical Training (OPT) or STEM OPT status, note the Beneficiary's current immigration status and employment authorization document (EAD) details. For beneficiaries who were previously placed through Granville Staffing Solutions, Inc. (780 Technology Drive, Suite 110, San Jose, CA 95110) before converting to direct OWS employment, accurately document the staffing placement period and the transition to direct employment. Cross-reference prior petition files transferred from Whitfield & Parekh LLP (Kavita Parekh, 600 Wilshire Boulevard, Suite 1200, Los Angeles, CA 90017) to confirm consistency with the beneficiary's immigration history as represented in prior filings.
Based on the foregoing, the Beneficiary possesses the requisite education and professional experience to perform the specialized and complex duties of the offered position of [POSITION TITLE] at OWS. The Beneficiary's qualifications are fully commensurate with the minimum requirements for the position as described herein.
V. Proffered Wage and Prevailing Wage Compliance
V.A. Proffered Wage
OWS will compensate the Beneficiary for the offered position at the following rate:
Annual Base Salary: $[AMOUNT]
Annual Restricted Stock Unit (RSU) Grant Value: $[AMOUNT] (vesting over a four-year period in accordance with the terms of OWS's Equity Incentive Plan, as amended)
Total Annual Compensation: $[TOTAL AMOUNT]
Preparer's Note: Insert the applicable compensation tier based on the position level:
• IC3 Engineer: $175,000 base salary + $30,000 RSU per year = $205,000 total annual compensation
• IC4 Senior Engineer: $210,000 base salary + $55,000 RSU per year = $265,000 total annual compensation
• Principal Engineer: $265,000 base salary + $90,000 RSU per year = $355,000 total annual compensation
Verify that the proffered wage stated in this letter matches the wage stated on the certified LCA (ETA Form 9035/9035E) and on the Form I-129. The base salary component should be used as the proffered wage for purposes of prevailing wage comparison, unless RSUs are guaranteed compensation. Consult with Dr. Lena Marchetti (Of Counsel) if there is any question regarding the treatment of equity compensation.
The above compensation is for full-time employment at 40 hours per week, 52 weeks per year. The Beneficiary's compensation has been determined in accordance with OWS's established compensation policies and is consistent with the compensation provided to other employees in comparable positions with similar qualifications and experience.
V.B. Prevailing Wage Determination
The applicable prevailing wage for the offered position has been determined based on wage data from the U.S. Department of Labor's Online Wage Library, which utilizes Occupational Employment and Wage Statistics ("OEWS") survey data published by the Bureau of Labor Statistics, for the applicable Metropolitan Statistical Area in which the worksite is located.
SOC Code: [SOC CODE]
Wage Level: [Level II / Level III / Level IV]
Applicable Metropolitan Statistical Area: [San Jose-Sunnyvale-Santa Clara, CA / Austin-Round Rock-Georgetown, TX / Portland-Vancouver-Hillsboro, OR-WA]
Prevailing Wage: $[AMOUNT] per year
Preparer's Note: Insert the applicable prevailing wage based on the SOC code, wage level, and MSA. Representative prevailing wage figures (current as of the most recent OEWS data release) are as follows:
• SOC 17-2072 (Electronics Engineers, Except Computer), Level III, San Jose-Sunnyvale-Santa Clara MSA: $157,830/year
• SOC 15-1252 (Software Developers), Level III, San Jose-Sunnyvale-Santa Clara MSA: $168,272/year
• SOC 17-2199 (Engineers, All Other), Level III, San Jose-Sunnyvale-Santa Clara MSA: $152,506/year
• SOC 15-1211 (Computer Systems Analysts), Level II, San Jose-Sunnyvale-Santa Clara MSA: $127,338/year
Verify that the prevailing wage used in this letter corresponds to the prevailing wage certified on the LCA. If the DOL has issued a specific prevailing wage determination (PWD) for the position, reference the PWD tracking number.
V.C. Wage Compliance Attestation
OWS hereby confirms that the proffered wage for the offered position equals or exceeds both (a) the prevailing wage for the occupational classification in the area of intended employment, as determined pursuant to INA § 212(n)(1)(A) and 20 CFR § 655.731, and (b) the actual wage paid by OWS to all other individuals with similar experience and qualifications for the specific employment in question at the worksite.
The proffered annual compensation of $[TOTAL AMOUNT] exceeds the applicable prevailing wage of $[PREVAILING AMOUNT] by $[DIFFERENCE]. This margin demonstrates OWS's commitment to offering competitive compensation that substantially exceeds the minimum wage floor established by the Department of Labor for the applicable occupation and geographic area.
Preparer's Note: Example calculation for an IC3 Engineer at the San Jose headquarters under SOC 17-2072, Level III:
• Proffered wage (base salary): $175,000
• Total annual compensation (including RSUs): $205,000
• Prevailing wage: $157,830
• Difference (base salary vs. prevailing wage): $17,170
• Difference (total compensation vs. prevailing wage): $47,170
Use the base salary figure for the formal wage compliance attestation unless RSU/equity compensation is included on the LCA.
A certified Labor Condition Application (ETA Form 9035/9035E) demonstrating compliance with prevailing wage requirements is on file with the Department of Labor and a copy is enclosed with this petition as supporting documentation.
VI. Labor Condition Application Compliance
OWS has filed and obtained certification of a Labor Condition Application ("LCA") for the offered position with the U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, through the Foreign Labor Application Gateway ("FLAG") electronic filing system.
LCA Case Number: [CASE NUMBER]
Worksite Covered: [WORKSITE ADDRESS]
SOC Code / Job Title on LCA: [SOC CODE] / [JOB TITLE]
Wage Rate on LCA: $[AMOUNT] per year
Validity Period of LCA: [START DATE] through [END DATE]
OWS has complied with all LCA posting and notification requirements as prescribed by 20 CFR § 655.734. Specifically, OWS posted electronic notice of the H-1B filing on the company's internal intranet portal (accessible to all employees at the worksite) for a period of ten (10) consecutive business days, commencing on [POSTING START DATE] and concluding on [POSTING END DATE]. The notice included all information required by 20 CFR § 655.734(a)(1), including the number of H-1B workers sought, the occupational classification, the wages offered, the period of employment, and the locations at which the H-1B workers will be employed.
OWS maintains a Public Access File ("PAF") at the worksite for the offered position, which is available for public inspection during normal business hours in accordance with 20 CFR § 655.760. The PAF contains all documentation required by the regulations, including:
• A copy of the certified LCA (ETA Form 9035/9035E);
• Documentation of the prevailing wage determination for the occupation in the area of employment;
• A memorandum setting forth the actual wage paid to all similarly employed workers at the worksite;
• A summary of the benefits offered to H-1B workers and to similarly situated U.S. workers;
• Evidence of compliance with the posting/notice requirements; and
• Any other documentation required by 20 CFR § 655.760.
OWS will provide the Beneficiary with working conditions on par with the working conditions provided to similarly situated U.S. workers employed at the worksite, as required by INA § 212(n)(1)(A)(ii) and 20 CFR § 655.732.
VII. Benefits and Working Conditions
OWS will provide the Beneficiary with the same benefits and working conditions afforded to other similarly employed U.S. workers at the worksite, on the same terms and subject to the same eligibility requirements, in full compliance with INA § 212(n)(1)(A) and 20 CFR § 655.731. The benefits to which the Beneficiary will be entitled include, but are not limited to, the following:
• Health Insurance: Comprehensive medical, dental, and vision insurance coverage through OWS's group health plan, with employer-subsidized premiums. Coverage is effective on the first day of the month following the Beneficiary's start date.
• Retirement Benefits: Participation in OWS's 401(k) retirement savings plan, with an employer matching contribution of up to 4% of eligible compensation, subject to IRS contribution limits and the terms of the plan document.
• Paid Time Off: Paid vacation, personal days, and sick leave in accordance with OWS's standard paid time off policy, as well as paid company holidays observed by OWS (currently 12 paid holidays per year).
• Life and Disability Insurance: Employer-paid basic life insurance and accidental death and dismemberment (AD&D) coverage, as well as employer-paid short-term and long-term disability insurance.
• Equity Compensation: Restricted Stock Unit (RSU) grants pursuant to OWS's Equity Incentive Plan, as amended, subject to vesting schedules and the terms and conditions of the plan and individual grant agreements.
• Professional Development: Access to professional development and continuing education programs, including tuition reimbursement for approved courses, conference attendance, and professional certification support.
No deductions will be made from the Beneficiary's wages that are not equally applicable to, and customary for, U.S. workers in similar positions. OWS will not require the Beneficiary to pay any portion of the business expenses associated with the H-1B petition filing, including attorneys' fees, government filing fees, or other costs of sponsorship. OWS will bear all costs associated with the filing and processing of this petition.
VIII. E-Verify Participation and I-9 Compliance
OWS is enrolled in the E-Verify program, a web-based system operated by USCIS and the Social Security Administration that allows participating employers to electronically verify the employment eligibility of newly hired employees. OWS's E-Verify Company Identification Number is 1487623. OWS will submit an E-Verify case for the Beneficiary in accordance with the program's requirements and timelines upon the commencement of the Beneficiary's employment.
OWS will complete Form I-9 (Employment Eligibility Verification) for the Beneficiary within three (3) business days of the Beneficiary's first day of employment, in compliance with the requirements of 8 U.S.C. § 1324a and 8 CFR § 274a.2. OWS's human resources department maintains comprehensive I-9 compliance procedures, including standardized onboarding checklists, document retention protocols, and periodic internal audits of I-9 records to ensure ongoing compliance with all applicable requirements. OWS's most recent internal I-9 audit was completed in [MONTH/YEAR], and no material deficiencies were identified.
IX. Additional Attestations
IX.A. No Displacement of U.S. Workers
OWS hereby attests that it has not displaced, and will not displace, any United States worker (as defined in 20 CFR § 655.738) in connection with the filing of this petition or the employment of the Beneficiary in the offered position. The position for which OWS seeks to employ the Beneficiary is being filled to address genuine and ongoing business needs arising from OWS's continued growth and expansion in the photonic integrated circuit market. The demand for highly specialized engineering talent in the field of photonic integrated circuit design and semiconductor manufacturing continues to exceed the available domestic labor supply, and OWS has undertaken good-faith recruitment efforts to identify qualified U.S. workers for the offered position.
IX.B. No Strike or Lockout
OWS hereby attests that, as of the date of this letter, there is no strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification of the offered position at the worksite where the Beneficiary will be employed, as required by INA § 212(n)(1)(B) and 20 CFR § 655.733. OWS's workforce is not represented by a collective bargaining unit, and there are no pending or threatened labor disputes affecting the occupational classification of the offered position.
IX.C. Notification to Workers
OWS has provided notice of the H-1B filing to employees in the occupational classification at the worksite at which the Beneficiary will be employed, in compliance with the requirements of 20 CFR § 655.734. Because there is no collective bargaining representative for the occupational classification, OWS has satisfied the notice requirement by posting electronic notice of the filing on the company's internal intranet portal, accessible to all employees at the worksite, for a period of ten (10) consecutive business days. A copy of the notice and documentation of the posting dates are maintained in the Public Access File for the applicable LCA.
X. Enclosed Supporting Documentation
The following documents are enclosed with this petition in support of the Form I-129 filing. OWS respectfully requests that the adjudicating officer review each document in conjunction with this letter.
Preparer's Note: Customize the following list for each beneficiary, adding or removing items as applicable. Ensure that all referenced documents are actually included in the filing packet.
1. Certified Labor Condition Application (ETA Form 9035/9035E), Case Number [CASE NUMBER], certified by the Department of Labor on [CERTIFICATION DATE].
2. Form I-129, Petition for Nonimmigrant Worker, with H Classification Supplement and H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement, completed and signed by the Petitioner's authorized representative.
3. Form I-907, Request for Premium Processing Service, with applicable filing fee of $2,805. (Include only if premium processing is elected.)
4. Beneficiary's Educational Credentials, including copies of diploma(s), degree certificate(s), and official academic transcripts. If the Beneficiary's degree was earned at a foreign institution, a credential evaluation report prepared by [EVALUATION AGENCY NAME], a member of the National Association of Credential Evaluation Services ("NACES"), confirming the equivalency of the foreign degree to a U.S. bachelor's (or higher) degree in [SPECIFIC FIELD], is enclosed.
5. Beneficiary's Resume / Curriculum Vitae, detailing the Beneficiary's educational background, professional experience, technical skills, publications, and other qualifications relevant to the offered position.
6. Copies of Beneficiary's Current Immigration Documents, including, as applicable: Form I-20 (Certificate of Eligibility for Student Status), Employment Authorization Document (EAD), passport biographical page, prior U.S. visa stamps, and most recent Form I-94 (Arrival/Departure Record), obtained from the CBP I-94 website.
7. Detailed Job Description and Duty Percentage Breakdown, setting forth the specific duties, percentage time allocations, and specialized knowledge requirements for the offered position.
8. OWS Organizational Chart, depicting the Beneficiary's position within the engineering organization, the reporting relationship to the direct supervisor, and the relationship of the position to other positions within the department.
9. OWS Corporate Documentation, including copies of the company's Certificate of Incorporation (State of Delaware), Certificate of Qualification to do business in the State of California, most recent annual report filing, and an excerpt from the company's audited financial statements for fiscal year 2024, prepared by Pendleton Accounting Group LLP.