OPTIWAVE SEMICONDUCTOR CORP. 4820 Veltrano Parkway, Suite 300 San Jose, CA 95134
FEIN: 82-4931076
[Date]
U.S. Citizenship and Immigration Services California Service Center 24000 Avila Road Laguna Niguel, CA 92677
Re: Form I-129 Petition for H-1B Extension of Stay
Beneficiary: [Full Legal Name] Current Receipt Number: [Receipt Number from prior I-797 Approval Notice] Classification Sought: H-1B Specialty Occupation Worker Validity Period Requested: [Start Date] through [End Date]
Dear USCIS Officer:
I. Introduction and Purpose of the Letter
I, Dr. Yun-Sheng Chen, am the Vice President of Engineering of Optiwave Semiconductor Corp. ("OWS" or the "Company"). I submit this letter in support of the accompanying Form I-129, Petition for a Nonimmigrant Worker, seeking an extension of H-1B nonimmigrant classification and an extension of stay on behalf of [Full Legal Name] (the "Beneficiary"). I have personal knowledge of the facts set forth in this letter by virtue of my position as the Beneficiary's direct or indirect supervisor and as an executive officer responsible for engineering operations across all OWS facilities.
OWS is the petitioning employer in this matter and respectfully requests that U.S. Citizenship and Immigration Services ("USCIS") approve this petition to allow the Beneficiary to continue employment with OWS in the specialty occupation position of [Job Title]. OWS has continuously employed the Beneficiary since the inception of the Beneficiary's current H-1B validity period and desires to extend that employment relationship for an additional period of [one year / three years], from [Start Date] through [End Date].
This petition seeks an extension of H-1B status beyond the Beneficiary's initial three-year H-1B authorization period [or, if applicable: beyond the Beneficiary's current extension period]. The legal authority for such extension is found in Section 214(g)(4) of the Immigration and Nationality Act ("INA") and the implementing regulations at 8 C.F.R. § 214.2(h). [If applicable, insert the following: In addition, to the extent that the Beneficiary is approaching or has reached the six-year maximum period of authorized H-1B stay, OWS submits that the Beneficiary qualifies for an extension beyond the sixth year pursuant to Section 106(a) and/or Section 106(b) of the American Competitiveness in the Twenty-First Century Act of 2000 ("AC21"), as amended, based on the Beneficiary's pending or approved employment-based immigrant visa petition and/or labor certification application, as described more fully in Section XII below.]
The purpose of this letter is to provide USCIS with comprehensive information regarding the petitioning employer, the Beneficiary's qualifications and employment, the specialty occupation nature of the position, and the Company's compliance with all applicable program requirements. Each of these topics is addressed in detail below.
II. Description of the Petitioning Employer
Optiwave Semiconductor Corp. is a Delaware corporation, incorporated on March 14, 2017, and qualified to do business in the States of California, Texas, and Oregon. The Company maintains its principal place of business and headquarters at 4820 Veltrano Parkway, Suite 300, San Jose, California 95134. The Company's registered agent in the State of Delaware is Capitol Registered Agents Inc., located at 1209 Orange Street, Wilmington, Delaware 19801. The Company's Federal Employer Identification Number is 82-4931076.
OWS is a semiconductor and photonic hardware company specializing in the design, development, and fabrication of photonic integrated circuits ("PICs") for data center interconnect applications. The Company's technology enables high-bandwidth, low-latency optical communication between servers, switches, and storage systems within hyperscale and enterprise data center environments. OWS's products address the rapidly growing demand for optical interconnect solutions driven by artificial intelligence workloads, cloud computing, and next-generation network architectures.
The Company is led by Chief Executive Officer Arvind Velathan, who co-founded OWS in 2017 and has guided the Company from its inception through multiple product generations and significant revenue growth. The majority shareholder of OWS is Crestline Ventures Fund IV, LP, which holds approximately 62.4% of the Company's outstanding equity, having made its investment on September 15, 2022. The remaining equity is held by the founding team, management, employees, and other institutional investors.
As of the date of this letter, OWS employs approximately 340 full-time equivalent employees across three facilities and a distributed remote workforce, as follows:
• San Jose, California (Headquarters): Approximately 210 employees, including engineering, research and development, executive leadership, sales, marketing, legal, human resources, and administrative functions.
• Austin, Texas (Design Center): Approximately 65 employees, focused on analog and mixed-signal integrated circuit design, signal integrity analysis, and electronic design automation.
• Portland, Oregon (Test Facility): Approximately 40 employees, responsible for wafer-level and package-level reliability testing, failure analysis, and quality assurance.
• Remote Employees: Approximately 25 employees in various functions, including field application engineering, technical sales, and administrative support.
For fiscal year 2024, OWS generated annual revenue of approximately $187.4 million, as reflected in the Company's audited financial statements prepared by Pendleton Accounting Group LLP. The Company has demonstrated consistent revenue growth over the past several fiscal years and is a financially stable, established participant in the semiconductor industry. OWS is fully capable of paying the proffered wage to the Beneficiary, as described in greater detail in Section XIII of this letter.
OWS is enrolled in and participates in the E-Verify program, under Company Identification Number 1487623. The Company maintains I-9 employment eligibility verification compliance for all employees in accordance with applicable federal regulations.
OWS is a bona fide operating company with a substantial physical presence, an established track record of product development and commercial sales, and the financial capacity and organizational infrastructure to support the Beneficiary's continued employment in the specialty occupation position described herein.
III. H-1B Non-Dependency Attestation
OWS hereby attests that it is not an H-1B dependent employer as defined by Section 212(n)(3) of the INA and the implementing regulations at 20 C.F.R. § 655.736.
As of the date of this letter, OWS currently employs fourteen (14) workers in H-1B nonimmigrant status out of a total workforce of approximately 340 full-time equivalent employees. This results in an H-1B workforce ratio of approximately 4.12%. Under the statutory framework, an employer with 51 or more full-time equivalent employees is classified as H-1B dependent if H-1B workers constitute 15% or more of its total full-time equivalent workforce. Because OWS's H-1B workforce ratio of approximately 4.12% is well below the 15% threshold applicable to employers of OWS's size, the Company is not H-1B dependent.
Accordingly, OWS is not subject to the additional attestation obligations imposed on H-1B dependent employers under 20 C.F.R. § 655.736, including the requirements to attest to non-displacement of U.S. workers and to demonstrate recruitment efforts prior to filing an H-1B petition.
IV. Beneficiary Information
The Beneficiary's biographical and immigration information is as follows:
• Full Legal Name: [Full Legal Name]
• Date of Birth: [Date of Birth]
• Country of Citizenship: [Country of Citizenship]
• Current Immigration Status: H-1B Nonimmigrant
• Current I-94 Admission Number / Expiration Date: [I-94 Number] / [I-94 Expiration Date]
• Current H-1B Petition Approval (I-797 Notice of Action): Receipt Number [Receipt Number], approved on [Approval Date], valid from [Validity Start Date] through [Validity End Date]
• Dates of Current H-1B Employment with OWS: [Start Date of Current H-1B Period] through [Current Expiration Date]
• Original H-1B Start Date (Initial Cap-Subject or Cap-Exempt Approval): [Date]
• Current Job Title: [Job Title]
• Standard Occupational Classification (SOC) Code: [SOC Code — e.g., 17-2072 (Electronics Engineers, Except Computer)]
[TEMPLATE NOTE — FOR INTERNAL USE ONLY: This template is designed to serve the following specific beneficiaries. Customize the above fields and subsequent sections according to the applicable individual:
1. Takeshi Nakamura — Signal Integrity Engineer, SOC 17-2072, current H-1B expiration 05/31/2025. Extension petition filed 03/15/2025 under prior immigration counsel (Whitfield & Parekh LLP). EB-1B immigrant visa priority date: 09/10/2022.
2. Jae-Won Park — Analog IC Designer, SOC 17-2072, current H-1B expiration 03/31/2026. EB-2 immigrant visa priority date: 11/20/2023.
3. Arjun Krishnamurthy — Power Management IC Designer, SOC 17-2072, current H-1B expiration 11/30/2025. EB-2 immigrant visa priority date: 07/22/2023. PERM audit currently pending.
4. Chen Xiaoming — Reliability Engineer, SOC 17-2072, current H-1B expiration 08/14/2025 (extension must be filed no later than 06/15/2025 to ensure timely filing). EB-2 immigrant visa priority date: 04/05/2024.
5. Future extension needs for other H-1B holders as they arise.]
V. Continued Employment Verification
OWS hereby confirms that the Beneficiary has been continuously employed by the Company in the position of [Job Title] since [Start Date of Current H-1B Validity Period], the commencement date of the Beneficiary's most recently approved H-1B validity period. The Beneficiary has been performing the duties of this position on a full-time basis throughout the current period of authorized stay.
OWS continues to have a bona fide need for the Beneficiary's professional services in the position of [Job Title], and the Company intends to continue employing the Beneficiary in this role for the full duration of the requested extension period, from [Requested Start Date] through [Requested End Date]. The Beneficiary's specialized skills and expertise remain essential to the Company's ongoing product development programs and engineering initiatives, as described in greater detail below.
The terms and conditions of the Beneficiary's employment — including job title, job duties, worksite location, hours of work, and compensation — remain substantively unchanged from those described in the prior approved H-1B petition. The Beneficiary continues to work in the same specialty occupation capacity that was adjudicated and approved by USCIS in connection with the Beneficiary's most recent I-129 petition.
OWS attests that the Beneficiary has been in full compliance with all terms and conditions of H-1B nonimmigrant status during the current period of authorized stay. The Beneficiary has performed only authorized employment for OWS and has maintained valid immigration status throughout the period.
OWS has maintained, and will continue to maintain, all records required under the H-1B program, including the Public Access File for the Beneficiary's position, in accordance with the requirements of 20 C.F.R. Part 655, Subpart H. The Public Access File is available for inspection at the Beneficiary's worksite and includes the certified Labor Condition Application, the prevailing wage documentation, and the actual wage information for similarly situated employees.
VI. Position Description and Job Duties
The specific details of the Beneficiary's position are as follows:
• Job Title: [Job Title]
• Department: [Engineering / Research & Development / Design / Test — as applicable]
• Reports To: [Supervisor Name and Title — e.g., Dr. Yun-Sheng Chen, Vice President of Engineering]
• Employment Type: Full-time; 40 or more hours per week
• FLSA Classification: Exempt
The Beneficiary is responsible for performing the following duties in the course of employment with OWS. Each duty is described with its approximate percentage allocation of the Beneficiary's total working time:
1. [Primary Duty Description — e.g., Design and simulate photonic integrated circuit layouts using industry-standard electronic design automation (EDA) tools, including Marlowe Health IT, Marlowe Services Inc., Marlowe Systems MODE Solutions, and proprietary OWS design platforms. Develop and optimize circuit topologies for transimpedance amplifiers, laser drivers, and modulator drivers operating at data rates of 100 Gbps and above per lane.] — Approximately [XX]% of working time.
2. [Secondary Duty Description — e.g., Conduct reliability testing and failure analysis on photonic integrated circuit assemblies, including accelerated life testing, high-temperature operating life (HTOL) testing, temperature cycling, and electrostatic discharge (ESD) characterization. Analyze failure modes using scanning electron microscopy (SEM), focused ion beam (FIB), and other analytical techniques to identify root causes and develop corrective actions.] — Approximately [XX]% of working time.
3. [Tertiary Duty Description — e.g., Develop and validate test methodologies for wafer-level and package-level qualification of photonic integrated circuits. Define test plans, create test fixtures, and program automated test equipment (ATE) to characterize device performance across process, voltage, and temperature (PVT) corners.] — Approximately [XX]% of working time.
4. [Fourth Duty Description — e.g., Collaborate with cross-functional teams including process engineering, packaging engineering, product marketing, and customer applications engineering to translate customer requirements into design specifications and to resolve technical issues encountered during product development, qualification, and production ramp.] — Approximately [XX]% of working time.
5. [Fifth Duty Description — e.g., Author detailed technical reports, design review presentations, and white papers documenting research findings, design trade-offs, and experimental results. Contribute to the preparation and prosecution of patent applications covering novel circuit architectures, fabrication processes, and test methodologies developed by the Beneficiary in the course of employment at OWS.] — Approximately [XX]% of working time.
OWS confirms that the Beneficiary's job duties have not materially changed since USCIS approved the Beneficiary's most recent H-1B petition. The position continues to require the application of highly specialized knowledge in [Electrical Engineering / Photonics Engineering / Computer Engineering / Materials Science] to the design, analysis, testing, or development of photonic integrated circuits and related semiconductor devices. To the extent that the Beneficiary's specific project assignments have evolved in the ordinary course of business — for example, transitioning from one product generation to the next or incorporating new design tools and methodologies — such changes are routine within the semiconductor engineering profession and do not alter the fundamental specialty occupation nature of the position.
[If applicable, insert the following: Since the Beneficiary's most recent H-1B petition was approved, the Beneficiary's duties have been updated in the following minor respects: [describe minor updates]. These updates reflect the natural evolution of the Beneficiary's role as the Company has advanced its product roadmap and do not change the core educational requirements, skill set, or professional knowledge base necessary to perform the position. The position remains a specialty occupation requiring at minimum a bachelor's degree in a directly related engineering discipline.]
VII. Specialty Occupation Qualification
OWS confirms that the position of [Job Title] continues to satisfy the definition of a "specialty occupation" under Section 214(i)(1) of the INA and the implementing regulations at 8 C.F.R. § 214.2(h)(4)(ii). A specialty occupation is one that requires: (A) theoretical and practical application of a body of highly specialized knowledge; and (B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation.
The position meets this definition under one or more of the following regulatory criteria set forth at 8 C.F.R. § 214.2(h)(4)(iii)(A):
(1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position. The duties of the [Job Title] position require the systematic application of advanced knowledge in [Electrical Engineering / Photonics Engineering / Computer Engineering / Materials Science], including semiconductor device physics, electromagnetic theory, circuit design methodology, signal processing, and statistical analysis. These are disciplines that are taught at the baccalaureate level and above in accredited engineering programs. OWS requires a minimum of a Bachelor of Science degree (or its foreign equivalent) in [specific field(s)] for all employees hired into this position classification.
(2) The degree requirement is common to the industry in parallel positions among similar organizations. Industry peers in the semiconductor and photonics sectors — including companies such as Harborview Industries, Tarrant Enterprises, Brightwater Enterprises, Calderon Partners LLC, Drayton Group, and Tidewater Partners LLC (Silicon Photonics division) — require a minimum of a bachelor's degree in electrical engineering, photonics engineering, or a closely related discipline for comparable engineering positions. Job postings from these organizations for analogous roles uniformly specify a bachelor's degree as the minimum educational qualification.
(3) The employer normally requires a degree or its equivalent for the position. OWS has consistently required a bachelor's degree in a directly related engineering discipline for all individuals employed in the [Job Title] position or in equivalent positions within the engineering department. This requirement has been applied uniformly to all past and current holders of the position, regardless of citizenship or immigration status.
(4) The specific duties are so specialized and complex that the knowledge required to perform them is usually associated with the attainment of a baccalaureate or higher degree. The Beneficiary's duties involve the application of advanced principles of [photonic device physics, analog circuit theory, signal integrity analysis, reliability engineering, semiconductor materials science], which are taught as part of accredited undergraduate and graduate engineering curricula. The complexity of these duties — including the design of circuits operating at data rates exceeding 100 Gbps, the interpretation of failure analysis data using electron microscopy and spectroscopic techniques, and the development of mathematical models for device reliability prediction — is such that the requisite knowledge base is ordinarily acquired only through completion of a structured degree program in the relevant engineering discipline.
In further support of the specialty occupation classification, the U.S. Department of Labor's Occupational Outlook Handbook confirms that positions classified under SOC Code [SOC Code — e.g., 17-2072, Electronics Engineers, Except Computer] typically require a bachelor's degree in electrical engineering, electronics engineering, or a related field for entry-level employment. The Handbook further notes that many employers prefer candidates with graduate degrees for positions involving advanced research and development, which is consistent with the level of sophistication required for the Beneficiary's role at OWS.
VIII. Beneficiary's Qualifications
The Beneficiary possesses the educational credentials and professional experience necessary to perform the duties of the [Job Title] position. Specifically, the Beneficiary holds the following academic degrees:
• [Degree — e.g., Master of Science] in [Field of Study — e.g., Electrical Engineering], [Institution Name — e.g., Stanford University], [Year of Graduation — e.g., 2018]
• [Degree — e.g., Bachelor of Engineering] in [Field of Study — e.g., Electronics and Communication Engineering], [Institution Name — e.g., Indian Institute of Technology Bombay], [Year of Graduation — e.g., 2016]
• [Additional degrees, professional certifications, or licensures, if applicable]
The Beneficiary has accumulated approximately [Number] years of progressive, relevant professional experience in the field of [specialty area — e.g., photonic integrated circuit design, signal integrity engineering, analog IC design, reliability engineering]. This experience includes [Number] years of employment with OWS and [Number] years of prior experience with [prior employer(s), if applicable].
During the Beneficiary's tenure at OWS, the Beneficiary has made the following significant professional contributions that demonstrate continued qualification for and value in the specialty occupation position:
• [Accomplishment 1 — e.g., Served as lead designer on the OW-4800 transceiver photonic integrated circuit, which achieved first-silicon success and entered volume production in Q3 2024, generating approximately $28 million in revenue in its first two quarters of commercial availability.]
• [Accomplishment 2 — e.g., Filed three U.S. provisional patent applications (Application Nos. [Numbers]) covering novel equalization circuit architectures for high-speed optical receivers, two of which have been converted to non-provisional utility applications.]
• [Accomplishment 3 — e.g., Authored or co-authored four peer-reviewed publications presented at the Optical Fiber Communication Conference (OFC) and the IEEE International Solid-State Circuits Conference (ISSCC) between 2023 and 2025.]
• [Accomplishment 4 — e.g., Led the cross-functional team that resolved a critical reliability issue affecting the OW-3200 product line, implementing a corrective action that reduced field failure rates by 87% and prevented an estimated $4.2 million in warranty costs.]
• [Accomplishment 5 — e.g., Developed a proprietary simulation methodology for predicting electromigration-induced failure in copper interconnects within photonic IC packages, which has been adopted as a standard practice across the OWS reliability engineering group.]
[If applicable: Prior to joining OWS, the Beneficiary gained relevant professional experience at [Prior Employer Name(s)], where the Beneficiary served as [Prior Title(s)] from [Dates] and was responsible for [brief description of prior responsibilities].]
The Beneficiary's educational credentials and professional experience are fully commensurate with the requirements of the [Job Title] position, and the Beneficiary continues to perform the duties of the position at a high level of competence and professional distinction.
IX. Updated Wage Information and Prevailing Wage Compliance
OWS is committed to full compliance with the wage requirements of the H-1B program as set forth in Section 212(n)(1)(A) of the INA and the implementing regulations at 20 C.F.R. § 655.731. The Company pays the Beneficiary a wage that meets or exceeds both the prevailing wage for the occupation in the area of intended employment and the actual wage paid by OWS to all other employees with similar experience and qualifications for the specific employment in question.
The Beneficiary's current compensation is as follows:
• Base Salary: $[Amount] per year
• Restricted Stock Unit (RSU) / Equity Compensation: $[Amount] per year (annualized fair market value at the time of grant)
• Total Annual Compensation: $[Amount]
The applicable prevailing wage information for the Beneficiary's position is as follows:
• SOC Code: [Applicable SOC Code]
• Occupational Title: [Occupational Title per SOC]
• Wage Level: [Level I / II / III / IV]
• Metropolitan Statistical Area (MSA): [Applicable MSA — e.g., San Jose-Sunnyvale-Santa Clara, CA]
• Prevailing Wage (Annual): $[Amount]
For reference, the following prevailing wage data from the U.S. Department of Labor's Online Wage Library (OES survey data) is applicable to the positions and worksites relevant to OWS's H-1B workforce:
OWS confirms that the Beneficiary's total annual compensation of $[Amount] meets or exceeds the applicable prevailing wage of $[Amount] for SOC Code [SOC Code], Level [Level], in the [MSA Name] metropolitan statistical area.
For additional context regarding OWS's internal compensation structure, the Company's engineering compensation tiers for positions comparable to the Beneficiary's role are as follows:
• IC3 Engineer: Base salary of $175,000 + RSU compensation of $30,000 = total annual compensation of $205,000 (exceeds SOC 17-2072 Level III prevailing wage of $157,830 by $47,170)
• IC4 Senior Engineer: Base salary of $210,000 + RSU compensation of $55,000 = total annual compensation of $265,000
• Principal Engineer: Base salary of $265,000 + RSU compensation of $90,000 = total annual compensation of $355,000
The Beneficiary's compensation is consistent with the applicable tier and is equal to or greater than the actual wage paid to all other OWS employees with similar experience and qualifications performing substantially similar work.
A Labor Condition Application ("LCA") has been filed with and certified by the U.S. Department of Labor in connection with this extension petition. The certified LCA bears Case Number [LCA Case Number] and covers the Beneficiary's position for the requested extension period. In accordance with the posting requirements set forth at 20 C.F.R. § 655.734, notice of the filing of the LCA was posted electronically on the OWS company intranet for a period of ten (10) consecutive business days prior to the filing of this petition. A copy of the certified LCA is enclosed with this petition.
X. Worksite Confirmation
The Beneficiary will perform services for OWS at the following primary worksite:
Primary Worksite: [Applicable Worksite Address]
OWS maintains the following facilities, each of which may serve as a worksite for H-1B beneficiaries:
• Site A (Headquarters): 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134 — Located within the San Jose-Sunnyvale-Santa Clara, CA Metropolitan Statistical Area
• Site B (Design Center): 7600 Spectrum Drive, Building 4, Austin, TX 78729 — Located within the Austin-Round Rock-Georgetown, TX Metropolitan Statistical Area
• Site C (Test Facility): 1425 Northwest Couch Street, Suite 200, Portland, OR 97209 — Located within the Portland-Vancouver-Hillsboro, OR-WA Metropolitan Statistical Area
OWS confirms that the Beneficiary's worksite for purposes of this extension petition is the same worksite identified in the Beneficiary's most recently approved H-1B petition. The worksite has not changed. [If applicable, insert the following: The Beneficiary's worksite has changed from [Prior Worksite] to [New Worksite] since the Beneficiary's most recent H-1B petition was approved. In accordance with the USCIS guidance set forth in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), OWS has filed an amended LCA and an amended H-1B petition to reflect this worksite change.]
For informational purposes, OWS provides the following data regarding its H-1B workforce distribution across its facilities:
In the event that the Beneficiary is required to travel to short-term client or partner sites — for example, customer data center locations for purposes of product installation, commissioning, integration testing, or on-site technical support — such travel would qualify for the short-term placement exception under 20 C.F.R. § 655.735. OWS does not anticipate that the Beneficiary will be placed at any third-party worksite for a period exceeding 30 workdays within a consecutive 12-month period. Should any such placement exceed the short-term threshold, OWS will ensure that a new or amended LCA is filed and certified for the applicable worksite prior to the Beneficiary's commencement of work at that location.
XI. Basis for Extension Beyond Initial Three-Year Period
The regulatory framework governing H-1B extensions permits the extension of an H-1B worker's authorized period of stay as follows:
A. Standard Extension Within the Six-Year Maximum
Pursuant to Section 214(g)(4) of the INA, H-1B nonimmigrant status may be authorized for an initial period of up to three years and may be extended in increments of up to three years each, for a maximum aggregate period of six years. This petition seeks an extension of the Beneficiary's H-1B status [within the six-year maximum / beyond the six-year maximum, as applicable].
[If the Beneficiary remains within the six-year cap, insert the following: The Beneficiary's aggregate period of H-1B status, including the requested extension, will total approximately [Number] years, which is within the six-year maximum authorized by the statute. Accordingly, no special basis for extension beyond the sixth year need be demonstrated, and this petition is filed as a routine extension under INA § 214(g)(4) and 8 C.F.R. § 214.2(h)(15).]
B. Seventh-Year Extension Under the American Competitiveness in the Twenty-First Century Act (AC21)
[If the Beneficiary is approaching or has reached the six-year maximum, insert the applicable subsection(s) below:]
AC21 § 106(a) — One-Year Extensions Based on Approved I-140 and Visa Unavailability. Section 106(a) of the AC21, as codified at 8 U.S.C. § 1184(g)(4), provides that an H-1B worker who is the beneficiary of an approved employment-based immigrant visa petition (Form I-140) may be granted H-1B extensions in one-year increments beyond the sixth year if an immigrant visa number is not immediately available to the Beneficiary due to per-country limitations or overall visa number unavailability. [Insert applicable facts: The Beneficiary is the beneficiary of an approved Form I-140 petition under the [EB-1B / EB-2 / EB-3] classification, with a priority date of [Priority Date]. As of the date of this filing, the Beneficiary's priority date is not current under the U.S. Department of State's Visa Bulletin for the Beneficiary's country of chargeability ([Country]), and therefore an immigrant visa number is not immediately available. Accordingly, the Beneficiary is eligible for a one-year extension of H-1B status under AC21 § 106(a).]
AC21 § 106(b) — Three-Year Extensions Based on 365 Days Elapsed Since PERM or I-140 Filing. Section 106(b) of the AC21 provides that an H-1B worker may be granted extensions of H-1B status beyond the sixth year in three-year increments if 365 days or more have elapsed since the filing of a PERM labor certification application (ETA Form 9089) or a Form I-140 immigrant visa petition on the Beneficiary's behalf, provided that such application or petition has not been denied as of the date of the extension request. [Insert applicable facts: A PERM labor certification application was filed on behalf of the Beneficiary on [PERM Filing Date], under Case Number [PERM Case Number]. As of the date of this filing, more than 365 days have elapsed since the filing of the PERM application, and the application [remains pending / has been approved and has not been denied]. Accordingly, the Beneficiary is eligible for a three-year extension of H-1B status under AC21 § 106(b).]
[TEMPLATE NOTE — FOR INTERNAL USE ONLY: Customize this section based on each beneficiary's green card processing status as follows:
1. Takeshi Nakamura: EB-1B priority date 09/10/2022. Evaluate whether I-140 has been approved. If approved and visa number unavailable, use § 106(a). If PERM or I-140 filed more than 365 days ago and not denied, evaluate § 106(b) eligibility. Note that EB-1B petitions do not require PERM; § 106(b) eligibility depends on whether an I-140 was filed more than 365 days prior.
2. Jae-Won Park: EB-2 priority date 11/20/2023. PERM has been filed. Evaluate whether 365+ days have elapsed since PERM filing for § 106(b) eligibility.
3. Arjun Krishnamurthy: EB-2 priority date 07/22/2023. PERM audit is currently pending. 365+ days have elapsed since PERM filing date. § 106(b) eligibility should be available, as the PERM has not been denied (audit pending is not a denial).
4. Chen Xiaoming: EB-2 priority date 04/05/2024. Evaluate timing: if H-1B extension is filed in June 2025, 365 days from PERM filing would need to have elapsed (i.e., PERM must have been filed on or before the date that is 365 days prior to the requested extension start date). Verify PERM filing date and calculate accordingly.]
Documentation supporting the Beneficiary's eligibility for an extension under AC21 § 106(a) and/or § 106(b) is enclosed with this petition, including [PERM filing receipt / I-140 receipt notice / I-140 approval notice / other applicable documentation].
XII. Company's Ability to Pay the Proffered Wage
OWS hereby confirms that it has the financial ability to pay the proffered wage to the Beneficiary for the duration of the requested extension period. As noted above, OWS generated annual revenue of approximately $187.4 million for fiscal year 2024, as reflected in the Company's audited financial statements. These financial statements were prepared by Pendleton Accounting Group LLP, a registered public accounting firm, under the direction of engagement partner Marcus Hensley, CPA, and are prepared in accordance with generally accepted accounting principles (GAAP).
OWS is a profitable, well-capitalized semiconductor company with approximately 340 employees and a diversified revenue base derived from the sale of photonic integrated circuits and related products to major data center operators, cloud service providers, and telecommunications equipment manufacturers. The Company's financial position is more than sufficient to support the payment of the Beneficiary's proffered wage of $[Amount] per year, which represents a small fraction of the Company's total payroll and revenue.
Copies of OWS's most recent audited financial statements [and/or federal income tax returns, as applicable] are enclosed with this petition as evidence of the Company's ability to pay the proffered wage, in accordance with 8 C.F.R. § 214.2(h)(4)(iii)(A).
XIII. Compliance History and Good Standing
OWS has a strong record of compliance with H-1B program requirements and all applicable federal immigration laws and regulations. The Company has been the subject of two site visits conducted by USCIS Fraud Detection and National Security ("FDNS") personnel:
1. November 8, 2023 (San Jose, CA Headquarters): An FDNS officer conducted an unannounced site visit at OWS's San Jose headquarters. The visit included an inspection of the Beneficiary's workstation and work area, a review of the Company's Public Access File, and an interview with the Beneficiary's supervisor. The visit concluded with no adverse findings. The FDNS officer confirmed that the Beneficiary was working at the location stated in the petition, performing the duties described in the approved petition, and being paid the wage set forth in the Labor Condition Application.
2. February 12, 2025 (San Jose, CA Headquarters): A second FDNS site visit was conducted at the San Jose headquarters. As with the prior visit, the FDNS officer verified the Beneficiary's employment, worksite, and compliance with the terms of the approved petition. The visit concluded with no adverse findings.
Both site visits confirmed OWS's full compliance with H-1B program requirements, and OWS has received no notices of violations, fines, or debarment actions from the U.S. Department of Labor, USCIS, or any other federal agency in connection with its H-1B or other immigration-related obligations.
OWS maintains complete and current Public Access Files at each of its worksites in accordance with 20 C.F.R. Part 655, Subpart H. These files contain all required documentation, including certified LCAs, prevailing wage information, actual wage summaries, and the explanation of the system used to set the actual wage.
OWS participates in the E-Verify program (Company Identification Number: 1487623) and maintains I-9 employment eligibility verification records for all employees in compliance with 8 U.S.C. § 1324a and the applicable regulations.
XIV. Summary of Enclosed Documentation
The following documents are enclosed with this Form I-129 petition in support of the Beneficiary's H-1B extension:
• [ ] Form I-129, Petition for a Nonimmigrant Worker, with H-1B Data Collection and Filing Fee Exemption Supplement
• [ ] Certified Labor Condition Application (LCA), Case Number [LCA Case Number]
• [ ] Copy of prior I-797 Approval Notice (Receipt Number [Receipt Number])
• [ ] Copy of Beneficiary's passport biographical page (valid through [Expiration Date])
• [ ] Copy of Beneficiary's most recent Form I-94, Arrival/Departure Record
• [ ] Copy of Beneficiary's educational credentials, including diploma(s), transcripts, and credential evaluation report (if applicable)
• [ ] Updated curriculum vitae / resume of the Beneficiary
• [ ] Employer support letter (this letter)
• [ ] Prevailing wage documentation (U.S. Department of Labor Online Wage Library printout for the applicable SOC code and MSA)
• [ ] Evidence of OWS's ability to pay the proffered wage (audited financial statements for fiscal year 2024, prepared by Pendleton Accounting Group LLP)
• [ ] Organizational chart showing the Beneficiary's position within OWS's engineering department
• [ ] Filing fees:
• I-129 base filing fee: $780.00
• [Applicable additional fees, including ACWIA fee ($1,500.00), Fraud Prevention and Detection fee ($500.00), and/or Public Law 114-113 fee ($4,000.00), as applicable]
• Form I-907, Request for Premium Processing Service: $2,805.00
• [ ] [If seventh-year extension:] PERM labor certification filing receipt and/or approval notice (ETA Case Number [PERM Case Number])
• [ ] [If seventh-year extension:] Form I-140 receipt notice and/or approval notice (Receipt Number [I-140 Receipt Number])
• [ ] [If seventh-year extension:] Other AC21 documentation, as applicable
XV. Conclusion and Attestation
Based on the foregoing, OWS respectfully requests that USCIS approve this H-1B extension petition and grant the Beneficiary an extension of H-1B nonimmigrant status and an extension of stay for the requested validity period from [Start Date] through [End Date].
I, Dr. Yun-Sheng Chen, Vice President of Engineering of Optiwave Semiconductor Corp., hereby affirm that all statements made in this letter are true and correct to the best of my knowledge, information, and belief. I understand that the willful misrepresentation of a material fact in support of this petition may subject me and the Company to penalties under applicable federal law.
OWS confirms and commits to the following obligations in connection with this petition and the Beneficiary's continued employment:
1. OWS will comply with all applicable H-1B program requirements, including the terms and conditions set forth in the certified Labor Condition Application filed in connection with this petition.
2. OWS will pay the Beneficiary the proffered wage, which meets or exceeds the applicable prevailing wage and the actual wage paid to similarly situated employees, for the duration of the H-1B validity period.
3. OWS will notify USCIS and the Beneficiary of any material changes in the terms and conditions of the Beneficiary's employment, including but not limited to changes in job duties, worksite, or compensation, and will file amended or new petitions as required by applicable regulations.
4. OWS will comply with its obligation under 8 C.F.R. § 214.2(h)(4)(iii)(E) to offer return transportation to the Beneficiary's last country of residence (or the Beneficiary's country of citizenship, at the Beneficiary's election) in the event that the Beneficiary's employment is terminated by OWS prior to the expiration of the H-1B validity period.
5. OWS will maintain all required records, including the Public Access File, throughout the H-1B validity period and for such additional period as required by applicable regulations.
Thank you for your consideration of this petition. Should you require any additional information or documentation, please do not hesitate to contact our attorneys of record at Calderwood & Harkness LLP, as indicated below.
Respectfully submitted,
OPTIWAVE SEMICONDUCTOR CORP.
By: ________
Name: Dr. Yun-Sheng Chen
Title: Vice President of Engineering
Address: 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134
Telephone: [Phone Number]
Email: [Email Address]
Date: ________
Attorney of Record / Contact for Questions
All questions, correspondence, and Requests for Evidence ("RFEs") relating to this petition should be directed to the petitioner's attorneys of record:
Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, CA 90071 Telephone: (213) 555-0147
Additional Office: 101 California Street, 27th Floor San Francisco, CA 94111 Telephone: (415) 555-0293
Lead Associate: Megan Chu Responsible Partner: Nathaniel Bower Of Counsel: Dr. Lena Marchetti Engagement Reference: SC-OWS-2025-0520-IMM
Please direct any questions or requests for additional evidence to our attorneys of record at Calderwood & Harkness LLP at the addresses and telephone numbers listed above. A Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, is filed concurrently with this petition.
APPENDIX: TEMPLATE CUSTOMIZATION INSTRUCTIONS FOR INTERNAL USE BY CALDERWOOD & HARKNESS LLP AND OPTIWAVE SEMICONDUCTOR CORP. ONLY DO NOT SUBMIT TO USCIS
The following instructions are provided for the use of Calderwood & Harkness LLP attorneys, paralegals, and OWS immigration program staff in customizing this template for individual H-1B extension petitions. This appendix must be removed in its entirety before the final letter is printed on OWS letterhead and submitted to USCIS.
1. General Placeholder Replacement
Replace all bracketed placeholders (e.g., [Full Legal Name], [Job Title], [Date], [Amount]) with beneficiary-specific information. Ensure consistency across all sections of the letter and cross-reference against the Form I-129, the LCA, and the I-797 Approval Notice to confirm accuracy.
2. SOC Code and Prevailing Wage Selection
Select the applicable SOC code from the following options based on the beneficiary's specific job title and duties:
• SOC 17-2072 — Electronics Engineers, Except Computer (applicable to Signal Integrity Engineers, Analog IC Designers, Power Management IC Designers, Reliability Engineers)
• SOC 15-1252 — Software Developers (applicable to firmware or software-focused engineers)
• SOC 17-2199 — Engineers, All Other (applicable to positions that do not fit neatly within a more specific SOC category)
• SOC 15-1211 — Computer Systems Analysts (applicable to systems-level engineering roles)