CALDERWOOD & HARKNESS LLP Attorneys at Law
555 South Grand Avenue, 38th Floor Los Angeles, California 90071
101 California Street, 27th Floor San Francisco, California 94111
Megan Chu Lead Associate Direct Dial: [Phone Number]
Email: [mchu@calderwoodharkness.com]
Dr. Lena Marchetti Of Counsel — Immigration Direct Dial: [Phone Number]
Email: [lmarchetti@calderwoodharkness.com]
[Date]
VIA FIRST-CLASS MAIL AND EMAIL
[Name of Peer Group Organization] [Street Address] [City, State ZIP Code]
Attention: [Title/Name of Appropriate Official]
Re: Request for Advisory Opinion Letter — O-1[A/B] Nonimmigrant Visa Petition for [Beneficiary Full Name] on Behalf of Optiwave Semiconductor Corp.
Engagement Reference: SC-OWS-2025-0520-IMM Regulatory Basis: 8 C.F.R. § 214.2(o)(5)(ii)
Dear [Name/Title]:
I. Introduction
This letter is written on behalf of our client, Optiwave Semiconductor Corp. ("OWS" or the "Petitioner"), in connection with an O-1[A/B] nonimmigrant visa petition that OWS intends to file with the United States Citizenship and Immigration Services ("USCIS") for [Beneficiary Full Name] (the "Beneficiary"). Calderwood & Harkness LLP serves as outside immigration counsel to OWS pursuant to the engagement referenced above, and we are responsible for the preparation, filing, and prosecution of the O-1 petition on OWS's behalf.
We are writing to respectfully request that your organization provide a written advisory opinion letter regarding the Beneficiary's qualifications for O-1[A/B] nonimmigrant classification. As explained more fully below, the advisory opinion is a regulatory requirement for the filing of an O-1 petition, and your organization's expertise in the Beneficiary's field of endeavor makes it a particularly appropriate source for such an opinion.
We recognize that preparing an advisory opinion requires the investment of your organization's time and resources, and we are grateful for your willingness to consider this request. We have enclosed a comprehensive package of supporting materials to facilitate your review, and we are available to provide any additional information or clarification that may be helpful.
II. Purpose of This Request
A. Regulatory Requirement for Advisory Opinions
The Immigration and Nationality Act ("INA") and its implementing regulations require that an O-1 nonimmigrant visa petition include a written advisory opinion from a peer group or other qualified source regarding the Beneficiary's qualifications. Specifically, 8 C.F.R. § 214.2(o)(5)(ii) provides as follows:
A petition for an O-1 alien of extraordinary ability in the sciences, education, business, or athletics must be accompanied by a written advisory opinion from a peer group (including but not limited to a labor organization) or a person or persons with expertise in the beneficiary's area of ability. If no appropriate peer group exists, the petition shall include a statement to that effect and the petition shall be accompanied by a written opinion from a person or persons with expertise in the beneficiary's area of ability.
The regulation contemplates two categories of advisory opinion sources:
(a) Peer Group Advisory Opinion. A written advisory opinion from a peer group—including but not limited to a labor organization—with expertise in the Beneficiary's area of extraordinary ability or achievement. A peer group typically includes professional associations, scientific societies, trade organizations, or similar bodies whose membership or mission encompasses the Beneficiary's field of endeavor.
(b) Individual Expert Opinion. If no appropriate peer group exists, or if a peer group is unable or unwilling to provide an advisory opinion, the regulations permit the petitioner to submit a written opinion from an individual person or persons with expertise in the Beneficiary's area of ability, accompanied by a statement explaining why no peer group opinion was obtained. See 8 C.F.R. § 214.2(o)(5)(ii)(B).
B. Nature of the Requested Opinion
The Petitioner is requesting that your organization provide a written advisory opinion letter regarding [Beneficiary Full Name]'s qualifications under the O-1A classification (extraordinary ability in the sciences, engineering, business, education, or athletics) [or, as applicable, the O-1B classification (extraordinary achievement in the arts or the motion picture or television industry)].
The advisory opinion should address whether, in the organization's assessment, the Beneficiary possesses extraordinary ability in [his/her] field—that is, whether the Beneficiary has risen to the very top of [his/her] field of endeavor, as evidenced by sustained national or international acclaim. We emphasize that the regulation does not require a favorable opinion; rather, a neutral and candid assessment of the Beneficiary's qualifications and standing within the field is fully appropriate and in keeping with the regulatory purpose.
C. Intended Use of the Advisory Opinion
The advisory opinion letter, once received, will be submitted to USCIS as part of the I-129 petition package filed on behalf of the Beneficiary. The petition will be filed at the USCIS Vermont Service Center, 75 Lower Welden Street, St. Albans, VT 05479, which has jurisdiction over all O-1 nonimmigrant visa petitions. The advisory opinion will be reviewed by a USCIS adjudicator as one component of the overall evidentiary record in support of the petition.
III. Background on the Petitioning Employer — Optiwave Semiconductor Corp.
To assist your organization in evaluating the context in which the Beneficiary's employment will take place, we provide the following background information regarding the Petitioner.
Full Legal Name: Optiwave Semiconductor Corp.
Entity Type: Corporation organized and existing under the laws of the State of Delaware, qualified and authorized to transact business in the States of California, Texas, and Oregon.
Federal Employer Identification Number (FEIN): 82-4931076
NAICS Code: 334413 — Semiconductor and Related Device Manufacturing
Date of Incorporation: March 14, 2017
Headquarters:
4820 Veltrano Parkway, Suite 300 San Jose, California 95134
Additional Worksites:
Austin Design Center 7600 Spectrum Drive, Building 4 Austin, Texas 78729
Portland Test Facility 1425 Northwest Couch Street, Suite 200 Portland, Oregon 97209
Number of Employees: Approximately 340 full-time employees, distributed as follows: approximately 210 at the San Jose headquarters; approximately 65 at the Austin Design Center; approximately 40 at the Portland Test Facility; and approximately 25 in remote positions across the United States.
Annual Revenue (Fiscal Year 2024): $187.4 million, per audited financial statements prepared by Pendleton Accounting Group LLP.
Majority Shareholder: Crestline Ventures Fund IV, LP, which holds approximately 62.4% of the outstanding equity of OWS, acquired on September 15, 2022.
Key Officers:
• Chief Executive Officer: Arvind Velathan
• Vice President of Engineering: Dr. Yun-Sheng Chen
• General Counsel: Patricia Langford
Company Description: OWS is a leader in the semiconductor industry, specializing in the design, development, and fabrication of photonic integrated circuits ("PICs") for next-generation data center optical interconnect solutions. The company's proprietary PIC platform enables ultra-high-bandwidth, low-latency, and energy-efficient data transmission within and between data centers, addressing the rapidly growing demands of cloud computing, artificial intelligence workloads, and high-performance networking. OWS employs a highly specialized engineering workforce composed of experts in photonics, semiconductor physics, materials science, and integrated circuit design. The company has a well-established track record of sponsoring world-class researchers and engineers through various nonimmigrant and immigrant visa programs and is committed to attracting and retaining the most talented individuals in the photonic integrated circuit field.
A more detailed company profile is enclosed as Enclosure 7 to this letter.
IV. Beneficiary Information — Qualifications Summary
The following information is provided regarding the Beneficiary who is the subject of the proposed O-1 petition:
Full Legal Name: [Beneficiary Full Name]
Country of Citizenship: [Country of Citizenship]
Current Location / Immigration Status: [Current Location / Immigration Status — e.g., currently residing in [Country]; currently in the United States in [visa status]]
Educational Background:
[Degree], [Field of Study], [Institution], [Year] [Degree], [Field of Study], [Institution], [Year] [Degree], [Field of Study], [Institution], [Year]
Current or Most Recent Position and Employer: [Current/Most Recent Title] at [Current/Most Recent Employer], [Location]
Proposed Position at OWS: [Proposed Position Title]
Proposed Worksite: [OWS Worksite Address]
Area of Extraordinary Ability / Achievement: [Specific Field — e.g., Photonics Engineering, Semiconductor Sciences, Industrial Design, etc.]
Narrative Summary of Qualifications:
[Provide a brief narrative of the Beneficiary's career trajectory, scholarly and professional accomplishments, area of expertise, and the significance of the Beneficiary's contributions to the field. This narrative should be sufficiently detailed to allow the peer group organization to understand the Beneficiary's standing in the field and the basis for the O-1 classification being sought.]
Illustrative Content — Dr. Rohan Deshmukh (O-1A Petition)
For purposes of this initial advisory opinion request, the following illustrative content pertains to the Beneficiary Dr. Rohan Deshmukh, for whom OWS is preparing an O-1A petition:
Full Legal Name: Dr. Rohan Deshmukh
Country of Citizenship: India
Current Location / Immigration Status: Currently residing in India. Dr. Deshmukh will require consular processing of the O-1 visa at a United States consular post abroad.
Educational Background:
[Ph.D., relevant field, institution, and year — to be confirmed upon receipt of final CV] [M.S./M.Tech., relevant field, institution, and year — to be confirmed] [B.S./B.Tech., relevant field, institution, and year — to be confirmed]
Current or Most Recent Position and Employer: [Current position and employer in India — to be confirmed upon receipt of final CV]
Proposed Position at OWS: Distinguished Engineer
Proposed Worksite: 4820 Veltrano Parkway, Suite 300, San Jose, California 95134
Area of Extraordinary Ability: Photonics Engineering / Semiconductor Sciences
Key Qualifications:
• Author or co-author of more than 85 scholarly publications in professional and peer-reviewed journals in the fields of photonics, semiconductor physics, and related disciplines
• Named inventor on 12 issued or pending patents relating to photonic integrated circuit design, fabrication processes, and related technologies
• [Additional qualifications — awards, honors, professional memberships, invited presentations, and other indicia of sustained national or international acclaim — to be confirmed upon evidence compilation]
Proposed Total Compensation: $355,000 per annum, consisting of a base salary of $265,000 and restricted stock units ("RSUs") valued at approximately $90,000. This compensation is at the Principal/Distinguished Engineer level within OWS's internal pay structure and is significantly above the prevailing wage for comparable positions in the relevant geographic area.
Career Summary: A detailed curriculum vitae for Dr. Deshmukh is enclosed as Enclosure 1 to this letter. The CV provides a comprehensive record of Dr. Deshmukh's educational background, professional experience, scholarly publications, patents, awards, and other achievements.
Consular Processing Note: Because Dr. Deshmukh is currently located outside the United States, the O-1 petition will include a request for consular notification, and upon USCIS approval, Dr. Deshmukh will apply for the O-1 visa at a U.S. embassy or consulate abroad.
Template Note: For O-1B petitions (e.g., Luciana Moretti, Senior UX/Industrial Designer, current O-1B validity 01/15/2025–01/14/2028), this section would be adapted to describe the Beneficiary's extraordinary achievement in the arts, including relevant artistic accomplishments, exhibitions, critical reviews, and commercial successes, in lieu of the scientific and scholarly qualifications described above.
V. Proposed Position at OWS
Position Title: [Position Title — e.g., Distinguished Engineer]
Summary of Role and Responsibilities:
[Provide a detailed description of the proposed position, including the Beneficiary's primary duties and responsibilities, the scope of the role, and the technical or creative work that the Beneficiary will perform. The description should make clear the level of expertise and specialization required for the position.]
Reporting Structure: The Beneficiary will report directly to Dr. Yun-Sheng Chen, Vice President of Engineering at OWS. [If applicable, describe additional reporting relationships, team structure, and the number of direct reports or team members the Beneficiary will supervise or lead.]
Significance of the Position to OWS: [Explain why the position is critical to OWS's operations, technology development, or business objectives. For example, describe how the Beneficiary's work will advance OWS's photonic integrated circuit platform, contribute to the company's competitive position, or enable the development of next-generation products.]
Requirement for Extraordinary Ability / Achievement: The proposed position requires an individual of extraordinary ability [or extraordinary achievement, for O-1B] because [explain why ordinary skill and experience are insufficient, and why the position demands the level of expertise and accomplishment that qualifies an individual for O-1 classification]. The Beneficiary's specialized expertise is not readily available in the domestic labor market, and OWS has been unable to identify an equally qualified candidate through conventional recruitment efforts.
Alignment with OWS's Mission: The Beneficiary's expertise in [specific area — e.g., photonic integrated circuit design, silicon photonics, advanced semiconductor fabrication] directly aligns with OWS's core mission of developing and commercializing advanced photonic integrated circuits for data center optical interconnect solutions. The Beneficiary's contributions are expected to materially accelerate OWS's technology roadmap and strengthen the company's position as a leader in the photonic semiconductor industry.
Illustrative Content — Dr. Rohan Deshmukh
Dr. Deshmukh is proposed for the position of Distinguished Engineer within OWS's Engineering Division. In this role, Dr. Deshmukh will lead advanced research and development efforts on OWS's proprietary photonic integrated circuit platform, with particular emphasis on next-generation PIC architectures, novel materials integration, and process development for high-volume manufacturing. Dr. Deshmukh will report directly to Dr. Yun-Sheng Chen, VP of Engineering, and will collaborate closely with cross-functional teams in design, process engineering, testing, and product management.
This position is critical to OWS's technology roadmap, as the company seeks to extend the performance and scalability of its PIC platform to meet the rapidly increasing bandwidth demands of hyperscale data centers and artificial intelligence infrastructure. The Distinguished Engineer role requires a depth and breadth of expertise in photonics engineering and semiconductor sciences that is held by only a small number of researchers worldwide, and it is a role for which OWS has determined that specialized expertise at the level of extraordinary ability is essential.
VI. Evidentiary Criteria — O-1A Classification
For O-1A classification, a beneficiary must demonstrate extraordinary ability in the sciences, education, business, or athletics by sustained national or international acclaim. USCIS evaluates whether the beneficiary satisfies at least three of the eight evidentiary criteria set forth at 8 C.F.R. § 214.2(o)(3)(iii). The eight criteria, and a summary of the evidence available or anticipated for the Beneficiary, are set forth below.
Criterion 1: Awards or Prizes for Excellence in the Field
8 C.F.R. § 214.2(o)(3)(iii)(A) — Documentation of the beneficiary's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
[Description of awards or prizes received by the Beneficiary. Include the name of each award, the granting organization, the date of receipt, and a brief explanation of the significance and selectivity of each award. If this criterion is not being relied upon, indicate "Not claimed at this time" or provide placeholder language.]
Criterion 2: Membership in Associations Requiring Outstanding Achievements
8 C.F.R. § 214.2(o)(3)(iii)(B) — Documentation of the beneficiary's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
[Description of the Beneficiary's membership in professional associations that require outstanding achievements for admission. Include the name of each association, the membership category, the criteria for admission, and evidence that membership is based on outstanding achievement rather than mere payment of dues or completion of academic requirements.]
Criterion 3: Published Material About the Beneficiary
8 C.F.R. § 214.2(o)(3)(iii)(C) — Published material in professional or major trade publications or major media about the beneficiary, relating to the beneficiary's work in the field for which classification is sought.
[Description of published material about the Beneficiary — articles, profiles, interviews, or other media coverage in professional journals, trade publications, or major media outlets that discuss the Beneficiary's work, accomplishments, or contributions to the field.]
Criterion 4: Participation as a Judge of the Work of Others
8 C.F.R. § 214.2(o)(3)(iii)(D) — Evidence of the beneficiary's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
[Description of the Beneficiary's judging activities, such as peer review of manuscripts for professional or scholarly journals, service on conference program committees, evaluation of grant proposals for funding agencies, or other adjudicative roles in which the Beneficiary assessed the work of peers in the field.]
Criterion 5: Original Scientific, Scholarly, or Business-Related Contributions of Major Significance
8 C.F.R. § 214.2(o)(3)(iii)(E) — Evidence of the beneficiary's original scientific, scholarly, or business-related contributions of major significance in the field.
[Description of the Beneficiary's original contributions to the field, including but not limited to patented inventions, development of novel methodologies, creation of new technologies or products, foundational research that has influenced the direction of the field, or other contributions that have been recognized by peers as being of major significance. For Dr. Deshmukh, reference 12 issued or pending patents and significant original research in photonics and semiconductor sciences.]
Criterion 6: Authorship of Scholarly Articles in Professional Journals or Major Media
8 C.F.R. § 214.2(o)(3)(iii)(F) — Evidence of the beneficiary's authorship of scholarly articles in the field, in professional journals, or other major media.
[Description of the Beneficiary's scholarly publication record, including the total number of published articles, the names of representative journals, the impact of the Beneficiary's publications (e.g., citation counts, h-index), and the significance of the publications to the field. For Dr. Deshmukh, reference 85+ publications in professional and peer-reviewed journals.]
Criterion 7: Employment in a Critical or Essential Capacity
8 C.F.R. § 214.2(o)(3)(iii)(G) — Evidence that the beneficiary has been employed in a critical or essential capacity for organizations or establishments that have a distinguished reputation.
[Description of the Beneficiary's prior employment in critical or essential roles at organizations with distinguished reputations, including the name of each organization, the Beneficiary's title and responsibilities, and evidence of the organization's reputation.]
Criterion 8: High Salary or Other Remuneration
8 C.F.R. § 214.2(o)(3)(iii)(H) — Evidence that the beneficiary has commanded or commands a high salary or other significantly high remuneration for services, in relation to others in the field.
[Description of the Beneficiary's current and/or proposed compensation, and evidence that such compensation is high relative to others working in the same field. For Dr. Deshmukh, OWS is offering a total compensation package of $355,000 per year ($265,000 base salary plus $90,000 in restricted stock units), which is at the Principal/Distinguished Engineer level and is well above the prevailing wage for comparable positions in the relevant geographic area and occupational classification.]
Illustrative Mapping — Dr. Rohan Deshmukh
Based on the O-1A petition strategy memorandum prepared by Calderwood & Harkness LLP, the following evidentiary criteria are expected to be satisfied for Dr. Deshmukh:
• Criterion 4 — Judging: Identified as likely met based on Dr. Deshmukh's peer review and conference committee activities. Final documentation to be compiled.
• Criterion 5 — Original Contributions of Major Significance: Supported by Dr. Deshmukh's portfolio of 12 issued or pending patents and significant original research in photonics and semiconductor sciences. Expert letters attesting to the major significance of these contributions will be obtained.
• Criterion 6 — Authorship of Scholarly Articles: Supported by Dr. Deshmukh's record of more than 85 publications in professional and peer-reviewed journals. A complete publication list is enclosed as Enclosure 2.
• Additional Criteria: The petition strategy memorandum identifies additional criteria that may be satisfied upon completion of the full evidence compilation, including Criterion 1 (Awards), Criterion 7 (Critical or Essential Capacity), and Criterion 8 (High Salary). The petition will target demonstrating as many criteria as possible to present the strongest evidentiary record.
We note that USCIS requires the petitioner to demonstrate that at least three of the eight criteria are met. The petition strategy for Dr. Deshmukh is designed to satisfy this threshold and, where possible, to exceed it.
VII. Evidentiary Criteria — O-1B Classification (Alternate Template Section)
This section is included for completeness and is activated when the template is used for an O-1B petition. For O-1A petitions such as the Dr. Rohan Deshmukh matter, Section VI above governs and this section may be omitted from the final letter.
For O-1B classification, a beneficiary must demonstrate extraordinary achievement in the arts. The evidentiary standard for O-1B classification differs from that applicable to O-1A petitions and is set forth at 8 C.F.R. § 214.2(o)(3)(iv). To establish extraordinary achievement, the petitioner must demonstrate that the beneficiary has been recognized as being prominent in his or her field of endeavor, as evidenced by meeting at least three of the following six criteria:
1. Lead or Starring Role. Evidence that the beneficiary has performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements.
2. National or International Recognition. Evidence that the beneficiary has achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications.
3. Lead, Starring, or Critical Role for Distinguished Organizations. Evidence that the beneficiary has performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials.
4. Record of Major Commercial or Critically Acclaimed Successes. Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating, or standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications.
5. Significant Recognition. Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author's authority, expertise, and knowledge of the beneficiary's achievements.
6. High Salary or Other Substantial Remuneration. Evidence that the beneficiary has commanded or now commands a high salary or other substantial remuneration for services, in relation to others in the field, as shown by contracts or other reliable evidence.
Template Note: This section is applicable for O-1B petitions such as future extension filings for Luciana Moretti, Senior UX/Industrial Designer, whose current O-1B classification has a validity period of 01/15/2025 through 01/14/2028. For O-1B matters, Sections IV and V of this letter should also be adapted to describe extraordinary achievement in the arts rather than extraordinary ability in the sciences or engineering.
VIII. Specific Request to the Peer Group Organization
On behalf of OWS, we respectfully and formally request that your organization provide a written advisory opinion letter regarding the Beneficiary's qualifications for O-1[A/B] nonimmigrant classification. Specifically, we request that the advisory opinion letter:
(a) Be prepared on your organization's official letterhead;
(b) Be addressed to U.S. Citizenship and Immigration Services ("USCIS");
(c) Include an assessment of the Beneficiary's standing in [his/her] field of endeavor, based on your organization's review of the enclosed materials and your organization's expertise in the relevant discipline;
(d) Include a determination or opinion as to whether the Beneficiary qualifies as an individual of extraordinary ability (for O-1A classification) or extraordinary achievement (for O-1B classification), based on the criteria and evidentiary standards applicable to the relevant O-1 classification;
(e) Include any comments, observations, or analysis regarding the significance of the Beneficiary's contributions, publications, patents, awards, professional memberships, or other achievements as they relate to the Beneficiary's standing in the field;
(f) Include a brief description of your organization's expertise and standing to provide the advisory opinion, including the organization's mission, membership, and role within the relevant field or discipline;
(g) Be signed by an authorized representative of the organization, with the representative's name, title, and contact information clearly indicated.
We wish to emphasize that a favorable opinion is not required by the regulations, nor is it a condition of our request. The applicable USCIS regulations contemplate that the advisory opinion will reflect the peer group's candid and neutral assessment of the Beneficiary's qualifications and standing in the field. Whether favorable, unfavorable, or neutral, the opinion will be submitted to USCIS as required by 8 C.F.R. § 214.2(o)(5)(ii).
In the event that your organization is unable or unwilling to provide an advisory opinion, we respectfully request that you notify us at your earliest convenience so that the Petitioner may seek an opinion from an alternative source. As noted above, 8 C.F.R. § 214.2(o)(5)(ii)(B) permits the petitioner to submit an opinion from an individual person or persons with expertise in the Beneficiary's area of ability if no appropriate peer group opinion is available.
IX. Supporting Documentation Enclosed
To assist your organization in preparing the advisory opinion, we have enclosed the following materials for your review:
Enclosure 1: Curriculum Vitae / Resume of the Beneficiary
Enclosure 2: List of Publications
[For Dr. Rohan Deshmukh: A comprehensive list of the Beneficiary's 85+ scholarly publications in professional and peer-reviewed journals, including full citations.]
Enclosure 3: List of Patents
[For Dr. Rohan Deshmukh: A list of the Beneficiary's 12 issued or pending patents, including patent numbers, titles, filing dates, and co-inventors.]
Enclosure 4: Representative Published Articles (Selected)
[Copies of selected published scholarly articles authored or co-authored by the Beneficiary, chosen to illustrate the range and significance of the Beneficiary's research contributions.]
Enclosure 5: Awards and Honors Summary (If Applicable)
[A summary of awards, honors, recognitions, and distinctions received by the Beneficiary, including the granting organization, date, and criteria for each award.]
Enclosure 6: Proposed Position Description at Optiwave Semiconductor Corp.
[A detailed description of the proposed position, including title, duties, responsibilities, reporting structure, and the qualifications required for the role.]
Enclosure 7: Optiwave Semiconductor Corp. Company Profile
[A profile of OWS, including company history, NAICS Code 334413, revenue and financial summary, headcount, principal worksites, and description of the company's industry and technology focus.]
Enclosure 8: [Additional Exhibits as Applicable]
[Any additional supporting materials relevant to the Beneficiary's qualifications or the proposed position, including letters of support or reference if available at the time of this request.]
Should your organization require any additional materials, documentation, or information beyond what is enclosed, please do not hesitate to contact us. We are prepared to promptly furnish any supplemental evidence or clarification that may assist in your evaluation.
X. Timeline and Delivery Instructions
We respectfully request that the advisory opinion letter be provided by [Date — e.g., July 1, 2025]. This timeline is driven by the Petitioner's target filing date for the O-1 petition with USCIS, which is currently scheduled for [filing date — e.g., July 15, 2025]. Receiving the advisory opinion by the requested date will allow us to incorporate it into the petition package and ensure timely filing on the Beneficiary's behalf.
We understand that the preparation of an advisory opinion may require internal review and organizational procedures, and we are happy to accommodate reasonable adjustments to this timeline. If you anticipate that additional time will be needed, we ask that you notify us as soon as practicable so that we may adjust the petition filing schedule accordingly.
Preferred Delivery Method:
(a) Original Hard Copy. Please mail the original signed advisory opinion letter to:
Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, California 90071
Attention: Megan Chu, Lead Associate
(b) Electronic Copy. In addition to the original, we request that an electronic PDF copy of the signed advisory opinion letter be sent via email to [mchu@calderwoodharkness.com] and [lmarchetti@calderwoodharkness.com].
If it would be helpful, we are available to arrange a telephone call or video conference with an authorized representative of your organization to discuss the Beneficiary's qualifications, answer any questions regarding the materials provided, or provide additional context regarding the proposed petition. Please feel free to contact either of the attorneys identified below to schedule such a call or to request any additional information:
Megan Chu, Lead Associate Calderwood & Harkness LLP Direct Dial: [Phone Number]
Email: [mchu@calderwoodharkness.com]
Dr. Lena Marchetti, Of Counsel — Immigration Calderwood & Harkness LLP Direct Dial: [Phone Number]
Email: [lmarchetti@calderwoodharkness.com]
XI. Confidentiality Notice
The materials enclosed with this letter contain confidential and proprietary information regarding the Beneficiary and Optiwave Semiconductor Corp. This information is being provided solely for the purpose of enabling your organization to prepare the advisory opinion letter requested herein. We respectfully request that your organization treat all enclosed materials as confidential and refrain from disclosing, distributing, or using such materials for any purpose other than the preparation of the advisory opinion.
This letter and its enclosures may also contain information that is protected by the attorney-client privilege and/or the work product doctrine. The transmission of this letter and its enclosures to your organization for the purpose of obtaining a regulatory advisory opinion does not constitute a waiver of any applicable privilege or protection. If you have received this letter or its enclosures in error, please contact Megan Chu at Calderwood & Harkness LLP immediately and return or destroy all copies of the materials.
By accepting and reviewing the enclosed materials, your organization agrees to maintain the confidentiality of the information provided and to use it solely for the purpose described in this letter.
XII. Closing
We sincerely appreciate your organization's time, attention, and consideration in reviewing this request. The advisory opinion is an essential component of the O-1 petition process, and we value the role that your organization plays in providing expert assessments of individuals who are leaders in their respective fields.
Should you have any questions, require additional information, or wish to discuss any aspect of this request, please do not hesitate to contact us at your convenience. We look forward to receiving your organization's advisory opinion and thank you in advance for your cooperation.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Megan Chu Lead Associate 555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Direct Dial: [Phone Number]
Email: [mchu@calderwoodharkness.com]
Reviewed by:
________________________________________
Dr. Lena Marchetti Of Counsel — Immigration Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Direct Dial: [Phone Number]
Email: [lmarchetti@calderwoodharkness.com]
Template Note: For petitions overseen directly by the responsible partner, the signature of Nathaniel Bower, Partner, may be substituted for the signatures above, at the direction of the engagement team.
Enclosures
Enclosure 1: Beneficiary Curriculum Vitae
Enclosure 2: Publication List
Enclosure 3: Patent List