1014-00002 · Optiwave Semiconductor Corp · RFE Responses

template-rfe-response-cover-letter.docx DOCUMENT Labor & Employment

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CALDERWOOD & HARKNESS LLP Attorneys at Law

555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Telephone: (213) 555-8200 Facsimile: (213) 555-8201

Also admitted in: 101 California Street, 27th Floor San Francisco, California 94111

[DATE]

VIA USPS EXPRESS MAIL / USCIS ONLINE ACCOUNT (as applicable)

Select appropriate delivery method based on filing protocol. If premium processing under I-907 is active for this petition, note I-907 status and ensure response is directed to the premium processing unit at the applicable service center.

[USCIS SERVICE CENTER NAME] [SERVICE CENTER ADDRESS]

Select the service center identified on the RFE notice. The three applicable service centers for Optiwave Semiconductor Corp. matters are:

• California Service Center, 24000 Avila Road, Laguna Niguel, CA 92677 (H-1B petitions)

• Vermont Service Center, 75 Lower Welden Street, St. Albans, VT 05479 (O-1 petitions)

• Texas Service Center, 6046 N. Belt Line Road, Irving, TX 75038 (overflow/transfer petitions)

Re: Response to Request for Evidence

Petitioner: Optiwave Semiconductor Corp. (FEIN: 82-4931076)

Beneficiary: [BENEFICIARY FULL NAME]

Receipt Number: [USCIS RECEIPT NUMBER, e.g., WAC-XX-XXX-XXXXX / EAC-XX-XXX-XXXXX / SRC-XX-XXX-XXXXX]

Classification Sought: [H-1B Specialty Occupation (INA § 101(a)(15)(H)(i)(b)) / O-1A Extraordinary Ability / O-1B Extraordinary Achievement]

Petition Type: [Initial / Extension / Transfer / Amendment]

Priority/Premium Processing: [I-907 Premium Processing — Yes/No; if Yes, note $2,805 filing fee previously submitted with original petition]

RFE Date: [DATE OF RFE NOTICE]

RFE Response Deadline: [DEADLINE PER RFE NOTICE]

C&H Engagement Reference: SC-OWS-2025-0520-IMM

Dear USCIS Officer:

I. INTRODUCTION AND PURPOSE

Calderwood & Harkness LLP ("C&H" or "Firm") serves as immigration counsel of record for Optiwave Semiconductor Corp. ("OWS" or "Petitioner") in connection with the above-referenced nonimmigrant worker petition. This representation was established pursuant to an engagement opened on May 20, 2025, and is tracked under Firm engagement reference SC-OWS-2025-0520-IMM. A signed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, was filed with the original petition and remains on file with United States Citizenship and Immigration Services ("USCIS").

The undersigned attorney, [ATTORNEY NAME — Megan Chu, Lead Associate / Dr. Lena Marchetti, Of Counsel / as applicable], is the attorney primarily responsible for this matter under the supervision of Nathaniel Bower, Responsible Partner in the Firm's Business Immigration Practice Group. The undersigned is duly admitted to practice law and is authorized to represent the Petitioner before USCIS in all matters relating to this petition.

This cover letter accompanies the Petitioner's formal response to the Request for Evidence ("RFE") issued by USCIS on [RFE DATE] with respect to the above-referenced petition filed on behalf of [BENEFICIARY FULL NAME] (the "Beneficiary"). The RFE was received by this office on or about [DATE OF RECEIPT], and this response is timely filed within the deadline specified in the RFE notice, which is [DEADLINE PER RFE NOTICE]. The Petitioner hereby submits this response together with supporting documentary evidence, as detailed herein and in the accompanying exhibit index, to fully address each issue raised in the RFE.

[If applicable, include the following paragraph:] We note for the record that this matter was originally filed by prior counsel, Whitfield & Parekh LLP. Subsequent to the filing of the original petition, OWS transitioned its immigration counsel representation to Calderwood & Harkness LLP. A substitution of counsel and updated Form G-28 were duly filed with USCIS to reflect this change. Calderwood & Harkness LLP is now the sole counsel of record for the Petitioner in this matter and in all immigration proceedings involving OWS.

The Petitioner respectfully submits that the evidence and arguments presented herein comprehensively address and resolve each question raised in the RFE. The Petitioner further respectfully requests that USCIS approve the petition as filed.

II. PETITIONER BACKGROUND

Optiwave Semiconductor Corp. ("OWS") is a Delaware corporation, originally incorporated on March 14, 2017, and duly qualified to do business in the states of California, Texas, and Oregon. OWS maintains its principal offices and corporate headquarters at 4820 Veltrano Parkway, Suite 300, San Jose, California 95134. The Petitioner's Federal Employer Identification Number ("FEIN") is 82-4931076.

OWS operates within the semiconductor manufacturing industry and is classified under the North American Industry Classification System ("NAICS") Code 334413 — Semiconductor and Related Device Manufacturing. More specifically, OWS specializes in the design, development, and fabrication of photonic integrated circuits ("PICs") for data center interconnect applications. The company's core products include high-speed silicon photonic transceivers, wavelength-division multiplexing ("WDM") components, and co-packaged optics modules engineered for hyperscale cloud computing and telecommunications infrastructure deployments. OWS serves a global customer base that includes several of the world's largest cloud service providers, telecommunications carriers, and enterprise data center operators.

As of the date of this filing, OWS employs approximately 340 individuals across three primary worksites and a remote workforce:

• San Jose, California (Headquarters): Approximately 210 employees, including executive leadership, research and development, design engineering, manufacturing operations, and corporate functions. Located at 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134.

• Austin, Texas: Approximately 65 employees, primarily engaged in advanced packaging, testing, and applications engineering. Located at 7600 Spectrum Drive, Building 4, Austin, TX 78729.

• Portland, Oregon: Approximately 40 employees, focused on photonic design simulation, prototype development, and customer integration support. Located at 1425 Northwest Couch Street, Suite 200, Portland, OR 97209.

• Remote Employees: Approximately 25 employees in various technical and administrative roles distributed across the United States.

For the fiscal year ended December 31, 2024 ("FY2024"), OWS reported annual revenues of approximately $187.4 million, as reflected in audited financial statements prepared by Pendleton Accounting Group LLP, an independent certified public accounting firm. The Petitioner's financial position demonstrates its ongoing ability to pay the proffered wage to the Beneficiary and to sustain its business operations.

OWS is an active participant in the E-Verify program, as required by applicable federal regulations and as a condition of its participation in the H-1B program. The company's E-Verify Company Identification Number is 1487623. OWS has maintained continuous enrollment in E-Verify since its first H-1B petition filing.

With respect to H-1B dependency status, OWS currently employs fourteen (14) H-1B nonimmigrant workers out of a total workforce of approximately 340 full-time equivalent employees. This ratio — approximately 4.12% — is well below the 15% statutory threshold that would trigger H-1B dependent employer obligations under Section 212(n)(3) of the Immigration and Nationality Act ("INA"). Accordingly, OWS is classified as an H-1B non-dependent employer and is not subject to the additional attestation requirements applicable to H-1B dependent employers under INA § 212(n)(1)(E) and (F).

Since September 15, 2022, OWS has been majority-owned by Crestline Ventures Fund IV, LP, a Delaware limited partnership, which holds approximately 62.4% of the outstanding equity interests in the company. The remaining equity is held by the founding team, key employees, and other institutional investors. The investment by Crestline Ventures has supported OWS's continued expansion of its engineering workforce, capital equipment acquisitions, and product development pipeline.

III. BENEFICIARY SUMMARY

The following information pertains to the Beneficiary on whose behalf the above-referenced petition was filed:

Beneficiary Name: [FULL NAME]

Current Immigration Status: [H-1B / O-1A / O-1B / F-1 OPT / F-1 STEM OPT / Other]

Current or Most Recent I-94 Expiration Date: [DATE]

Position Title at OWS: [JOB TITLE]

Standard Occupational Classification (SOC) Code: [SOC CODE — e.g., 17-2072 (Electronics Engineers, Except Computer); 15-1252 (Software Developers); 17-2199 (Engineers, All Other); 15-1211 (Computer Systems Analysts)]

Primary Worksite: [Site A: 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134 / Site B: 7600 Spectrum Drive, Building 4, Austin, TX 78729 / Site C: 1425 Northwest Couch Street, Suite 200, Portland, OR 97209]

Proffered Wage: [$XXX,XXX per annum]

Applicable Prevailing Wage: [$XXX,XXX per annum, Level [II/III/IV], [MSA NAME], as determined by the Department of Labor's Online Wage Library or an approved prevailing wage determination issued by the National Prevailing Wage Center]

Petition Validity Period Requested: [START DATE] through [END DATE]

[Insert customized narrative paragraph describing the Beneficiary's qualifications, educational background, relevant professional experience, and role at OWS. This paragraph should summarize the Beneficiary's highest academic credentials (including institution, field of study, and date conferred), any professional licenses or certifications, years of progressive experience in the specialty field, and a brief description of the duties and responsibilities the Beneficiary performs or will perform at OWS in the proffered position. If the Beneficiary has prior work authorization history in the United States, a brief summary of that history should be included. For O-1 petitions, this paragraph should highlight the Beneficiary's extraordinary ability or achievement in the relevant field, including any notable accomplishments, publications, patents, or awards.]

IV. IDENTIFICATION OF RFE ISSUES

The Petitioner acknowledges receipt of the Request for Evidence ("RFE") dated [RFE DATE], issued by the adjudicating officer at the [USCIS SERVICE CENTER NAME]. The RFE identifies certain issues and requests additional evidence with respect to the above-referenced petition. The Petitioner has carefully reviewed the RFE notice in its entirety and addresses each identified issue in this response.

The specific issue(s) raised in the RFE fall within the following categories:

• [ ] Specialty Occupation — Whether the proffered position qualifies as a "specialty occupation" within the meaning of INA § 214(i)(1) and 8 C.F.R. § 214.2(h)(4)(ii), including whether the position requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent in a specific specialty as a minimum requirement for entry into the occupation.

• [ ] Beneficiary Qualifications — Whether the Beneficiary possesses the required degree in a specific specialty or its equivalent, as set forth in 8 C.F.R. § 214.2(h)(4)(iii), including evaluation of foreign academic credentials, progressive work experience equivalencies under 8 C.F.R. § 214.2(h)(4)(iii)(D), or any combination thereof.

• [ ] Employer-Employee Relationship — Whether OWS, as the petitioning employer, maintains the requisite employer-employee relationship with the Beneficiary, including the right to hire, fire, pay, supervise, and otherwise control the work of the Beneficiary, consistent with the definition set forth in 8 C.F.R. § 214.2(h)(4)(ii) and applicable USCIS guidance.

• [ ] Wage/LCA Compliance — Whether the proffered wage meets or exceeds the applicable prevailing wage for the occupation in the area of intended employment, as certified on the Labor Condition Application ("LCA"), and whether the LCA otherwise complies with the requirements of INA § 212(n) and 20 C.F.R. Part 655, Subpart H.

• [ ] Worksite/Itinerary — Whether adequate information regarding the Beneficiary's worksite(s) has been provided, including confirmation that a certified LCA has been obtained for each worksite where the Beneficiary will be placed, and whether an itinerary has been submitted if the Beneficiary will work at multiple locations.

• [ ] Maintenance of Status — Whether the Beneficiary has maintained valid nonimmigrant status in the United States during any relevant period prior to the requested petition validity dates, including any gaps in authorized employment or status.

• [ ] O-1 Evidentiary Criteria — Whether the Beneficiary meets at least three (3) of the eight (8) evidentiary criteria for extraordinary ability under 8 C.F.R. § 214.2(o)(3)(iii) (for O-1A petitions), or the applicable evidentiary criteria for extraordinary achievement in the motion picture or television industry under 8 C.F.R. § 214.2(o)(3)(iv) (for O-1B petitions).

• [ ] O-1 Advisory Opinion — Whether a required advisory opinion or peer group consultation letter has been submitted in accordance with 8 C.F.R. § 214.2(o)(5)(ii), and whether such opinion adequately addresses the Beneficiary's qualifications and the nature of the employment.

• [ ] Other: [DESCRIBE THE SPECIFIC ADDITIONAL ISSUE IDENTIFIED IN THE RFE]

The adjudicating officer's RFE notice specifically states, in relevant part:

"[Insert verbatim quotation or detailed summary of the specific language from the RFE notice identifying the deficiency or question raised by the adjudicating officer. Reproduce the RFE language as accurately as possible, including any specific requests for documentation or evidence. If the RFE raises multiple issues, quote or summarize the language for each issue separately.]"

A complete copy of the RFE notice is enclosed herewith as Exhibit A for the Officer's convenience and reference.

V. SUMMARY OF RESPONSE AND ARGUMENT

The Petitioner respectfully submits that the enclosed evidence and arguments fully address and resolve each issue raised in the RFE. The Petitioner has assembled comprehensive documentary evidence, expert analysis, and legal argumentation demonstrating that the petition satisfies all applicable statutory and regulatory requirements for the requested classification. The Petitioner requests that the adjudicating officer consider the totality of the evidence presented herein, together with the evidence previously submitted with the original petition, in reaching a determination on this matter.

The following sub-sections correspond to each RFE issue identified above in Section IV and set forth the applicable legal standards, the Petitioner's arguments, and the supporting evidence enclosed with this response.

A. [RFE Issue 1 — e.g., Specialty Occupation]

Applicable Legal Standard. [Insert a comprehensive summary of the applicable legal standard for the specific RFE issue. For example, for a specialty occupation challenge under an H-1B petition, the following framework applies:]

Under INA § 214(i)(1), a "specialty occupation" is defined as an occupation that requires the theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The implementing regulations at 8 C.F.R. § 214.2(h)(4)(ii) provide that a specialty occupation must meet one or more of the following criteria: (1) a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; (2) the degree requirement is common to the industry in parallel positions among similar organizations, or the particular position is so complex or unique that it can be performed only by an individual with a degree; (3) the employer normally requires a degree or its equivalent for the position; or (4) the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

[Adjust the legal standard summary as necessary depending on the specific RFE issue. For O-1 petitions, cite 8 C.F.R. § 214.2(o)(3)(iii) and the relevant evidentiary criteria. For employer-employee relationship issues, cite Defensor v. Meissner, 201 F.3d 384 (5th Cir. 2000) and applicable USCIS policy memoranda.]

Petitioner's Argument. [Insert a detailed summary of the argument demonstrating that the proffered position, the Beneficiary, or the Petitioner (as applicable) satisfies the legal standard. This section should be drafted in a persuasive, factual, and well-organized manner. Address each element of the applicable test or standard. Reference specific exhibits by exhibit number or letter. Highlight key pieces of evidence, including but not limited to:]

• The detailed position description and duty breakdown, including the percentage of time allocated to each major duty category (Exhibit C);

• The educational requirements established by the Petitioner for the position, and evidence that such requirements are consistent with industry norms (Exhibits D and E);

• Expert opinion or industry declarations from qualified professionals attesting to the specialized nature of the position and the degree requirements for individuals performing similar duties in the industry (Exhibit D);

• Excerpts from the U.S. Department of Labor's Occupational Outlook Handbook ("OOH") or ONET database demonstrating the typical educational requirements for the relevant SOC code (Exhibit E*);

• The Beneficiary's academic credentials, including degree certificates, transcripts, and credential evaluations from NACES-member or AICE-member evaluation agencies (Exhibit F);

• The certified Labor Condition Application ("LCA") and wage documentation demonstrating compliance with prevailing wage requirements (Exhibits G and H);

• The OWS organizational chart showing the Beneficiary's reporting structure and the supervisory chain of command (Exhibit I);

• [For O-1 petitions:] Published articles, patent filings, or other evidence of the Beneficiary's extraordinary ability or achievement (Exhibit J);

• [For O-1 petitions:] The advisory or peer group opinion letter from the relevant labor or peer group organization (Exhibit K).

Key Evidentiary Highlights. [Summarize the most compelling pieces of evidence that directly address the adjudicating officer's specific concern. For example:]

[Insert two to four concise bullet points highlighting the strongest evidence. Examples:]

• The updated support letter from Dr. Yun-Sheng Chen, Vice President of Engineering at OWS, provides a detailed technical explanation of the Beneficiary's duties, the specialized knowledge required, and the minimum educational qualifications necessary to perform the role, including the requirement of at least a bachelor's degree in electrical engineering, photonics, applied physics, or a closely related field (Exhibit B).

• The expert opinion letter from [Expert Name], [Title], [Affiliation], who holds a [degree] in [field] from [institution], confirms that the proffered position is a specialty occupation that requires at minimum a bachelor's degree in a specific specialty, and that the Beneficiary's credentials are consistent with the requirements of the position (Exhibit D).

• [Additional key evidentiary highlights as applicable to the specific case.]

B. [RFE Issue 2 — If Applicable]

Applicable Legal Standard. [Insert the applicable legal standard for the second RFE issue, following the same format as Sub-section A above. Cite the relevant INA sections, C.F.R. provisions, precedent decisions, and USCIS policy guidance.]

Petitioner's Argument. [Insert a detailed summary of the argument addressing the second RFE issue. Reference specific exhibits and evidence. Address each element of the applicable standard.]

Key Evidentiary Highlights. [Summarize the most compelling evidence addressing this issue, referencing specific exhibit numbers.]

C. [Additional RFE Issues — As Needed]

[This sub-section is expandable for petitions in which the RFE raises more than two distinct issues. Repeat the structure from Sub-sections A and B above — applicable legal standard, Petitioner's argument, and key evidentiary highlights — for each additional RFE issue. Each sub-section should be self-contained and clearly labeled with the specific issue it addresses.]

VI. SUMMARY OF ENCLOSED EVIDENCE / EXHIBIT LIST

In support of this response, Petitioner respectfully submits the following documentary evidence, organized by exhibit letter for the Officer's convenience. Each exhibit is tabbed and labeled accordingly. The Petitioner requests that the adjudicating officer review each exhibit in its entirety in conjunction with the arguments set forth in Section V above and in conjunction with all evidence previously submitted with the original petition filing.

Note: The exhibit list above should be customized for each specific RFE response. Ensure that every document referenced in the argument sections of this response letter (Section V) is included in the exhibit list above, and that every exhibit listed has been physically enclosed with the response package. Exhibit tabs should be clearly labeled and correspond to the designations in this table.

VII. PETITIONER'S ATTESTATIONS

In connection with this RFE response, Optiwave Semiconductor Corp., as the petitioning employer, hereby confirms and attests to the following:

1. Continued Offer of Employment. OWS continues to offer the Beneficiary the position described in the original petition — specifically, the position of [JOB TITLE] — and the terms, conditions, and duties of the proffered position remain as stated in the original petition and as further described in this RFE response and the supporting documentation enclosed herewith. The position remains a full-time position requiring a minimum of forty (40) hours of work per week.

2. Prevailing Wage Compliance. The proffered annual wage of $[XXX,XXX] meets or exceeds the applicable prevailing wage for the proffered position under SOC Code [SOC CODE] at Wage Level [II/III/IV] in the [MSA NAME] metropolitan statistical area. The actual wage paid to the Beneficiary will be no less than the higher of the prevailing wage or the actual wage paid to similarly situated workers at OWS, in compliance with INA § 212(n)(1)(A) and the certified LCA.

3. Terms and Conditions of Employment. All terms and conditions of employment — including the job title, job duties, worksite location, hours of work, and compensation — remain as stated in the petition and the certified LCA. To the extent any material changes have occurred, such changes have been or will be reflected in an amended petition or amended LCA filed with the appropriate federal agency.

4. Program Compliance. OWS will comply with all applicable requirements of the H-1B program (or O-1 program, as applicable) under the INA and implementing regulations, including but not limited to the maintenance of a public access file, proper posting or electronic notification requirements, and all recordkeeping obligations under 20 C.F.R. Part 655, Subpart H.

5. H-1B Non-Dependency Status. OWS confirms its status as an H-1B non-dependent employer. As of the date of this filing, OWS employs fourteen (14) workers in H-1B status out of a total workforce of approximately 340 full-time equivalent employees, representing approximately 4.12% of its workforce. This figure is well below the 15% statutory threshold established under INA § 212(n)(3)(A) for employers of 51 or more full-time equivalent employees.

6. E-Verify Enrollment. OWS is enrolled and participates in the E-Verify program operated by USCIS and the Department of Homeland Security. The company's E-Verify Company Identification Number is 1487623. OWS uses E-Verify to confirm the employment authorization of all newly hired employees, as required by law.

VIII. LEGAL AUTHORITY RESERVATION

The Petitioner respectfully reserves the right to submit additional evidence, documentation, or legal arguments in support of this petition if requested by USCIS or if the Petitioner becomes aware of any additional information that may be relevant to the adjudication of this matter. Nothing in this response should be construed as a waiver of any right, privilege, or argument available to the Petitioner under applicable law.

This response should be read and evaluated in conjunction with the originally filed Form I-129 petition and all previously submitted supporting evidence and documentation. The Petitioner incorporates by reference the entire record of proceedings in this matter, including all forms, letters, declarations, exhibits, and supporting materials previously submitted with the original petition filing.

The Petitioner respectfully requests that the adjudicating officer contact the undersigned counsel at the telephone number or email address listed below in advance of issuing any adverse decision or notice of intent to deny ("NOID") with respect to this petition. Counsel is prepared to promptly address any remaining questions or concerns and to provide any further documentation or clarification the Officer may require to facilitate the favorable adjudication of this petition.

IX. CONCLUSION AND REQUEST FOR APPROVAL

For all of the foregoing reasons, and based on the totality of the evidence submitted with the original petition and with this RFE response, the Petitioner respectfully submits that each issue raised in the Request for Evidence has been fully and comprehensively addressed. The Petitioner has demonstrated, through detailed documentary evidence, expert analysis, and legal argumentation, that the petition satisfies all applicable statutory and regulatory requirements for the requested nonimmigrant classification.

[If premium processing:] The Petitioner further notes that premium processing under Form I-907 was elected for this petition and the applicable premium processing fee of $2,805 was submitted with the original petition filing. The Petitioner respectfully requests that USCIS adjudicate this petition within the applicable premium processing timeframe, as mandated by INA § 286(u) and 8 C.F.R. § 103.7(e), commencing upon USCIS's receipt of this RFE response.

The Petitioner respectfully requests that USCIS find the RFE fully addressed and approve the petition as filed for the requested validity period of [START DATE] through [END DATE]. The Petitioner and undersigned counsel remain available and willing to provide any further information, documentation, or clarification as may be needed to facilitate the adjudication of this petition.

We thank the Officer for the time and attention devoted to the review of this petition and this response.

Respectfully submitted,

CALDERWOOD & HARKNESS LLP

By: ________

[ATTORNEY NAME] [Lead Associate / Of Counsel] Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Telephone: [PHONE]

Email: [EMAIL]

Counsel for Petitioner, Optiwave Semiconductor Corp.

cc:

Patricia Langford, General Counsel, Optiwave Semiconductor Corp. Rajesh Anand, Immigration Program Manager, Optiwave Semiconductor Corp. Nathaniel Bower, Responsible Partner, Calderwood & Harkness LLP [Beneficiary Name, if appropriate]

Enclosures: As listed in the Exhibit List in Section VI above.

Total pages of enclosures: [XX]

INTERNAL USAGE NOTES — FOR TEMPLATE USERS ONLY REMOVE THIS PAGE BEFORE FILING

Template: RFE Response Cover Letter — Optiwave Semiconductor Corp. Engagement Reference: SC-OWS-2025-0520-IMM

The following usage notes are provided for internal reference by attorneys, of counsel, and paralegals at Calderwood & Harkness LLP. This page and all internal annotations must be removed from the final version before filing with USCIS or delivering to the client.

1. Scope of Template. This template is designed for use across H-1B (initial, extension, transfer, and amendment petitions) and O-1 (O-1A Extraordinary Ability and O-1B Extraordinary Achievement) RFE responses for Optiwave Semiconductor Corp. The template's structure, petitioner background section, and attestation section are pre-populated with OWS-specific information that has been verified as of May 2025. Update employee count, revenue figures, and H-1B dependency calculations if filing more than 60 days after the date of this template.

2. Bracketed Placeholders. All bracketed placeholders (e.g., [BENEFICIARY FULL NAME], [RFE DATE], [SOC CODE], etc.) must be completed with case-specific information before filing. No bracketed text should remain in the final filed version of this letter. Conduct a final "Find" search for "[" and "]" characters before finalizing.

3. USCIS Service Center Selection. Ensure the correct USCIS Service Center is selected in the addressee block based on (a) the receipt number prefix on the RFE notice (WAC = California Service Center; EAC = Vermont Service Center; SRC = Texas Service Center) and (b) the mailing address specified on the face of the RFE notice. Do not assume the service center based solely on petition type.

4. Prior Counsel Transition. For petitions originally filed by Whitfield & Parekh LLP, confirm that a notice of appearance/substitution of counsel (Form G-28) has been filed with USCIS and that a copy of the filed G-28 is in the matter file. Include the optional paragraph in Section I noting the transition from prior counsel. If the substitution has not yet been filed, coordinate with Tanya Benavides (Paralegal) to prepare and file the G-28 concurrently with the RFE response.

5. Review and Approval Requirement. All RFE responses for OWS must be reviewed and approved by Dr. Lena Marchetti (Of Counsel, immigration subject matter expert) or Nathaniel Bower (Responsible Partner) before submission to USCIS. Associates should not file RFE responses without obtaining written sign-off from one of these supervising attorneys. Allow a minimum of three (3) business days for supervisory review before the filing deadline.

6. Filing Logistics. Coordinate with Tanya Benavides (Paralegal) for all filing logistics, including assembly of the physical response package, service center mailing addresses, USPS Express Mail tracking, and/or USCIS online account submission. Ms. Benavides is also responsible for updating the OWS matter filing tracker and the firm's case management system upon submission.

7. Government Fees. RFE responses to already-filed petitions typically do not require additional government filing fees. However, confirm that no supplemental fees are required (e.g., if the response includes a request for amended petition processing or if a new I-907 premium processing request is being submitted). If the original I-907 premium processing fee has already been paid and the 15-business-day clock has run, determine whether a new I-907 filing and fee are warranted.

8. Billing and Estimated Attorney Time. Estimated attorney time for RFE responses ranges from approximately $3,000 to $7,500 per RFE depending on complexity, number of issues raised, and the extent of expert or third-party evidence required. Time is billed hourly at applicable rates:

• Associates: $575/hr

• Of Counsel: $750/hr

• Partners: $895/hr

• Paralegals: $295/hr

Ensure that the estimated fee range has been communicated to the client contact (Rajesh Anand, Immigration Program Manager, OWS) and that any fee estimate or budget approved by the client is documented in the matter file.

9. Filing and Recordkeeping. Upon completion, file a copy of the final response (including all exhibits) in both (a) the beneficiary-specific petition file and (b) the master OWS immigration matter file (SC-OWS-2025-0520-IMM). Retain a copy of the USPS tracking receipt or USCIS online submission confirmation in the matter file. Calendar any follow-up dates, including the premium processing adjudication deadline (if applicable) and the original petition validity dates.

Exhibit	Description
A	Copy of RFE Notice dated [DATE]
B	[e.g., Updated Support Letter from Dr. Yun-Sheng Chen, Vice President of Engineering, Optiwave Semiconductor Corp., dated [DATE], describing the proffered position, its duties, and the minimum educational requirements]
C	[e.g., Detailed Position Description and Duty Breakdown for [JOB TITLE] position, including percentage of time allocated to each major duty category]
D	[e.g., Expert Opinion Letter from [EXPERT NAME], [TITLE], [AFFILIATION] / Industry Declarations from qualified professionals in the semiconductor/photonics field]
E	[e.g., Excerpts from the U.S. Department of Labor Occupational Outlook Handbook (OOH) and/or O*NET Summary Report for SOC Code [SOC CODE]]
F	[e.g., Beneficiary's Degree Certificates, Academic Transcripts, and Credential Evaluation Report prepared by [EVALUATION AGENCY NAME], a member of [NACES/AICE]]
G	[e.g., Certified Labor Condition Application (LCA), ETA Form 9035/9035E, Case Number [LCA CASE NUMBER]]
H	[e.g., Prevailing Wage Determination issued by the DOL National Prevailing Wage Center, or Occupational Employment and Wage Statistics (OEWS) data from the DOL Online Wage Library for SOC Code [SOC CODE] in [MSA NAME]]
I	[e.g., OWS Organizational Chart depicting the Beneficiary's reporting structure, supervisory relationships, and placement within the Engineering / [DEPARTMENT] division]
J	[e.g., Published Articles, Conference Papers, and/or U.S. Patent or Patent Application filings authored or co-authored by the Beneficiary (for O-1 petitions)]
K	[e.g., Advisory/Peer Group Opinion Letter from [ORGANIZATION NAME] pursuant to 8 C.F.R. § 214.2(o)(5)(ii) (for O-1 petitions)]
[L]	[As needed — additional exhibits as required by the specific facts of the case]
[M]	[As needed]

CALDERWOOD & HARKNESS LLP Attorneys at Law
555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Telephone: (213) 555-8200 Facsimile: (213) 555-8201
Also admitted in: 101 California Street, 27th Floor San Francisco, California 94111
[DATE]
VIA USPS EXPRESS MAIL / USCIS ONLINE ACCOUNT (as applicable)
Select appropriate delivery method based on filing protocol. If premium processing under I-907 is active for this petition, note I-907 status and ensure response is directed to the premium processing unit at the applicable service center.
[USCIS SERVICE CENTER NAME] [SERVICE CENTER ADDRESS]
Select the service center identified on the RFE notice. The three applicable service centers for Optiwave Semiconductor Corp. matters are:
•  California Service Center, 24000 Avila Road, Laguna Niguel, CA 92677 (H-1B petitions)
•  Vermont Service Center, 75 Lower Welden Street, St. Albans, VT 05479 (O-1 petitions)
•  Texas Service Center, 6046 N. Belt Line Road, Irving, TX 75038 (overflow/transfer petitions)
Re: Response to Request for Evidence
Petitioner: Optiwave Semiconductor Corp. (FEIN: 82-4931076)
Beneficiary: [BENEFICIARY FULL NAME]
Receipt Number: [USCIS RECEIPT NUMBER, e.g., WAC-XX-XXX-XXXXX / EAC-XX-XXX-XXXXX / SRC-XX-XXX-XXXXX]
Classification Sought: [H-1B Specialty Occupation (INA § 101(a)(15)(H)(i)(b)) / O-1A Extraordinary Ability / O-1B Extraordinary Achievement]
Petition Type: [Initial / Extension / Transfer / Amendment]
Priority/Premium Processing: [I-907 Premium Processing — Yes/No; if Yes, note $2,805 filing fee previously submitted with original petition]
RFE Date: [DATE OF RFE NOTICE]
RFE Response Deadline: [DEADLINE PER RFE NOTICE]
C&H Engagement Reference: SC-OWS-2025-0520-IMM
Dear USCIS Officer:
I. INTRODUCTION AND PURPOSE
Calderwood & Harkness LLP ("C&H" or "Firm") serves as immigration counsel of record for Optiwave Semiconductor Corp. ("OWS" or "Petitioner") in connection with the above-referenced nonimmigrant worker petition. This representation was established pursuant to an engagement opened on May 20, 2025, and is tracked under Firm engagement reference SC-OWS-2025-0520-IMM. A signed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, was filed with the original petition and remains on file with United States Citizenship and Immigration Services ("USCIS").
The undersigned attorney, [ATTORNEY NAME — Megan Chu, Lead Associate / Dr. Lena Marchetti, Of Counsel / as applicable], is the attorney primarily responsible for this matter under the supervision of Nathaniel Bower, Responsible Partner in the Firm's Business Immigration Practice Group. The undersigned is duly admitted to practice law and is authorized to represent the Petitioner before USCIS in all matters relating to this petition.
This cover letter accompanies the Petitioner's formal response to the Request for Evidence ("RFE") issued by USCIS on [RFE DATE] with respect to the above-referenced petition filed on behalf of [BENEFICIARY FULL NAME] (the "Beneficiary"). The RFE was received by this office on or about [DATE OF RECEIPT], and this response is timely filed within the deadline specified in the RFE notice, which is [DEADLINE PER RFE NOTICE]. The Petitioner hereby submits this response together with supporting documentary evidence, as detailed herein and in the accompanying exhibit index, to fully address each issue raised in the RFE.
[If applicable, include the following paragraph:] We note for the record that this matter was originally filed by prior counsel, Whitfield & Parekh LLP. Subsequent to the filing of the original petition, OWS transitioned its immigration counsel representation to Calderwood & Harkness LLP. A substitution of counsel and updated Form G-28 were duly filed with USCIS to reflect this change. Calderwood & Harkness LLP is now the sole counsel of record for the Petitioner in this matter and in all immigration proceedings involving OWS.
The Petitioner respectfully submits that the evidence and arguments presented herein comprehensively address and resolve each question raised in the RFE. The Petitioner further respectfully requests that USCIS approve the petition as filed.
II. PETITIONER BACKGROUND
Optiwave Semiconductor Corp. ("OWS") is a Delaware corporation, originally incorporated on March 14, 2017, and duly qualified to do business in the states of California, Texas, and Oregon. OWS maintains its principal offices and corporate headquarters at 4820 Veltrano Parkway, Suite 300, San Jose, California 95134. The Petitioner's Federal Employer Identification Number ("FEIN") is 82-4931076.
OWS operates within the semiconductor manufacturing industry and is classified under the North American Industry Classification System ("NAICS") Code 334413 — Semiconductor and Related Device Manufacturing. More specifically, OWS specializes in the design, development, and fabrication of photonic integrated circuits ("PICs") for data center interconnect applications. The company's core products include high-speed silicon photonic transceivers, wavelength-division multiplexing ("WDM") components, and co-packaged optics modules engineered for hyperscale cloud computing and telecommunications infrastructure deployments. OWS serves a global customer base that includes several of the world's largest cloud service providers, telecommunications carriers, and enterprise data center operators.
As of the date of this filing, OWS employs approximately 340 individuals across three primary worksites and a remote workforce:
•  San Jose, California (Headquarters): Approximately 210 employees, including executive leadership, research and development, design engineering, manufacturing operations, and corporate functions. Located at 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134.
•  Austin, Texas: Approximately 65 employees, primarily engaged in advanced packaging, testing, and applications engineering. Located at 7600 Spectrum Drive, Building 4, Austin, TX 78729.
•  Portland, Oregon: Approximately 40 employees, focused on photonic design simulation, prototype development, and customer integration support. Located at 1425 Northwest Couch Street, Suite 200, Portland, OR 97209.
•  Remote Employees: Approximately 25 employees in various technical and administrative roles distributed across the United States.
For the fiscal year ended December 31, 2024 ("FY2024"), OWS reported annual revenues of approximately $187.4 million, as reflected in audited financial statements prepared by Pendleton Accounting Group LLP, an independent certified public accounting firm. The Petitioner's financial position demonstrates its ongoing ability to pay the proffered wage to the Beneficiary and to sustain its business operations.
OWS is an active participant in the E-Verify program, as required by applicable federal regulations and as a condition of its participation in the H-1B program. The company's E-Verify Company Identification Number is 1487623. OWS has maintained continuous enrollment in E-Verify since its first H-1B petition filing.
With respect to H-1B dependency status, OWS currently employs fourteen (14) H-1B nonimmigrant workers out of a total workforce of approximately 340 full-time equivalent employees. This ratio — approximately 4.12% — is well below the 15% statutory threshold that would trigger H-1B dependent employer obligations under Section 212(n)(3) of the Immigration and Nationality Act ("INA"). Accordingly, OWS is classified as an H-1B non-dependent employer and is not subject to the additional attestation requirements applicable to H-1B dependent employers under INA § 212(n)(1)(E) and (F).
Since September 15, 2022, OWS has been majority-owned by Crestline Ventures Fund IV, LP, a Delaware limited partnership, which holds approximately 62.4% of the outstanding equity interests in the company. The remaining equity is held by the founding team, key employees, and other institutional investors. The investment by Crestline Ventures has supported OWS's continued expansion of its engineering workforce, capital equipment acquisitions, and product development pipeline.
III. BENEFICIARY SUMMARY
The following information pertains to the Beneficiary on whose behalf the above-referenced petition was filed:
Beneficiary Name: [FULL NAME]
Current Immigration Status: [H-1B / O-1A / O-1B / F-1 OPT / F-1 STEM OPT / Other]
Current or Most Recent I-94 Expiration Date: [DATE]
Position Title at OWS: [JOB TITLE]
Standard Occupational Classification (SOC) Code: [SOC CODE — e.g., 17-2072 (Electronics Engineers, Except Computer); 15-1252 (Software Developers); 17-2199 (Engineers, All Other); 15-1211 (Computer Systems Analysts)]
Primary Worksite: [Site A: 4820 Veltrano Parkway, Suite 300, San Jose, CA 95134 / Site B: 7600 Spectrum Drive, Building 4, Austin, TX 78729 / Site C: 1425 Northwest Couch Street, Suite 200, Portland, OR 97209]
Proffered Wage: [$XXX,XXX per annum]
Applicable Prevailing Wage: [$XXX,XXX per annum, Level [II/III/IV], [MSA NAME], as determined by the Department of Labor's Online Wage Library or an approved prevailing wage determination issued by the National Prevailing Wage Center]
Petition Validity Period Requested: [START DATE] through [END DATE]
[Insert customized narrative paragraph describing the Beneficiary's qualifications, educational background, relevant professional experience, and role at OWS. This paragraph should summarize the Beneficiary's highest academic credentials (including institution, field of study, and date conferred), any professional licenses or certifications, years of progressive experience in the specialty field, and a brief description of the duties and responsibilities the Beneficiary performs or will perform at OWS in the proffered position. If the Beneficiary has prior work authorization history in the United States, a brief summary of that history should be included. For O-1 petitions, this paragraph should highlight the Beneficiary's extraordinary ability or achievement in the relevant field, including any notable accomplishments, publications, patents, or awards.]
IV. IDENTIFICATION OF RFE ISSUES
The Petitioner acknowledges receipt of the Request for Evidence ("RFE") dated [RFE DATE], issued by the adjudicating officer at the [USCIS SERVICE CENTER NAME]. The RFE identifies certain issues and requests additional evidence with respect to the above-referenced petition. The Petitioner has carefully reviewed the RFE notice in its entirety and addresses each identified issue in this response.
The specific issue(s) raised in the RFE fall within the following categories:
•  [ ] Specialty Occupation — Whether the proffered position qualifies as a "specialty occupation" within the meaning of INA § 214(i)(1) and 8 C.F.R. § 214.2(h)(4)(ii), including whether the position requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent in a specific specialty as a minimum requirement for entry into the occupation.
•  [ ] Beneficiary Qualifications — Whether the Beneficiary possesses the required degree in a specific specialty or its equivalent, as set forth in 8 C.F.R. § 214.2(h)(4)(iii), including evaluation of foreign academic credentials, progressive work experience equivalencies under 8 C.F.R. § 214.2(h)(4)(iii)(D), or any combination thereof.
•  [ ] Employer-Employee Relationship — Whether OWS, as the petitioning employer, maintains the requisite employer-employee relationship with the Beneficiary, including the right to hire, fire, pay, supervise, and otherwise control the work of the Beneficiary, consistent with the definition set forth in 8 C.F.R. § 214.2(h)(4)(ii) and applicable USCIS guidance.
•  [ ] Wage/LCA Compliance — Whether the proffered wage meets or exceeds the applicable prevailing wage for the occupation in the area of intended employment, as certified on the Labor Condition Application ("LCA"), and whether the LCA otherwise complies with the requirements of INA § 212(n) and 20 C.F.R. Part 655, Subpart H.
•  [ ] Worksite/Itinerary — Whether adequate information regarding the Beneficiary's worksite(s) has been provided, including confirmation that a certified LCA has been obtained for each worksite where the Beneficiary will be placed, and whether an itinerary has been submitted if the Beneficiary will work at multiple locations.
•  [ ] Maintenance of Status — Whether the Beneficiary has maintained valid nonimmigrant status in the United States during any relevant period prior to the requested petition validity dates, including any gaps in authorized employment or status.
•  [ ] O-1 Evidentiary Criteria — Whether the Beneficiary meets at least three (3) of the eight (8) evidentiary criteria for extraordinary ability under 8 C.F.R. § 214.2(o)(3)(iii) (for O-1A petitions), or the applicable evidentiary criteria for extraordinary achievement in the motion picture or television industry under 8 C.F.R. § 214.2(o)(3)(iv) (for O-1B petitions).
•  [ ] O-1 Advisory Opinion — Whether a required advisory opinion or peer group consultation letter has been submitted in accordance with 8 C.F.R. § 214.2(o)(5)(ii), and whether such opinion adequately addresses the Beneficiary's qualifications and the nature of the employment.
•  [ ] Other: [DESCRIBE THE SPECIFIC ADDITIONAL ISSUE IDENTIFIED IN THE RFE]
The adjudicating officer's RFE notice specifically states, in relevant part:
"[Insert verbatim quotation or detailed summary of the specific language from the RFE notice identifying the deficiency or question raised by the adjudicating officer. Reproduce the RFE language as accurately as possible, including any specific requests for documentation or evidence. If the RFE raises multiple issues, quote or summarize the language for each issue separately.]"
A complete copy of the RFE notice is enclosed herewith as Exhibit A for the Officer's convenience and reference.
V. SUMMARY OF RESPONSE AND ARGUMENT
The Petitioner respectfully submits that the enclosed evidence and arguments fully address and resolve each issue raised in the RFE. The Petitioner has assembled comprehensive documentary evidence, expert analysis, and legal argumentation demonstrating that the petition satisfies all applicable statutory and regulatory requirements for the requested classification. The Petitioner requests that the adjudicating officer consider the totality of the evidence presented herein, together with the evidence previously submitted with the original petition, in reaching a determination on this matter.
The following sub-sections correspond to each RFE issue identified above in Section IV and set forth the applicable legal standards, the Petitioner's arguments, and the supporting evidence enclosed with this response.
A. [RFE Issue 1 — e.g., Specialty Occupation]
Applicable Legal Standard. [Insert a comprehensive summary of the applicable legal standard for the specific RFE issue. For example, for a specialty occupation challenge under an H-1B petition, the following framework applies:]
Under INA § 214(i)(1), a "specialty occupation" is defined as an occupation that requires the theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The implementing regulations at 8 C.F.R. § 214.2(h)(4)(ii) provide that a specialty occupation must meet one or more of the following criteria: (1) a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; (2) the degree requirement is common to the industry in parallel positions among similar organizations, or the particular position is so complex or unique that it can be performed only by an individual with a degree; (3) the employer normally requires a degree or its equivalent for the position; or (4) the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
[Adjust the legal standard summary as necessary depending on the specific RFE issue. For O-1 petitions, cite 8 C.F.R. § 214.2(o)(3)(iii) and the relevant evidentiary criteria. For employer-employee relationship issues, cite Defensor v. Meissner, 201 F.3d 384 (5th Cir. 2000) and applicable USCIS policy memoranda.]
Petitioner's Argument. [Insert a detailed summary of the argument demonstrating that the proffered position, the Beneficiary, or the Petitioner (as applicable) satisfies the legal standard. This section should be drafted in a persuasive, factual, and well-organized manner. Address each element of the applicable test or standard. Reference specific exhibits by exhibit number or letter. Highlight key pieces of evidence, including but not limited to:]
•  The detailed position description and duty breakdown, including the percentage of time allocated to each major duty category (Exhibit C);
•  The educational requirements established by the Petitioner for the position, and evidence that such requirements are consistent with industry norms (Exhibits D and E);
•  Expert opinion or industry declarations from qualified professionals attesting to the specialized nature of the position and the degree requirements for individuals performing similar duties in the industry (Exhibit D);
•  Excerpts from the U.S. Department of Labor's Occupational Outlook Handbook ("OOH") or ONET database demonstrating the typical educational requirements for the relevant SOC code (Exhibit E*);
•  The Beneficiary's academic credentials, including degree certificates, transcripts, and credential evaluations from NACES-member or AICE-member evaluation agencies (Exhibit F);
•  The certified Labor Condition Application ("LCA") and wage documentation demonstrating compliance with prevailing wage requirements (Exhibits G and H);
•  The OWS organizational chart showing the Beneficiary's reporting structure and the supervisory chain of command (Exhibit I);
•  [For O-1 petitions:] Published articles, patent filings, or other evidence of the Beneficiary's extraordinary ability or achievement (Exhibit J);
•  [For O-1 petitions:] The advisory or peer group opinion letter from the relevant labor or peer group organization (Exhibit K).
Key Evidentiary Highlights. [Summarize the most compelling pieces of evidence that directly address the adjudicating officer's specific concern. For example:]
[Insert two to four concise bullet points highlighting the strongest evidence. Examples:]
•  The updated support letter from Dr. Yun-Sheng Chen, Vice President of Engineering at OWS, provides a detailed technical explanation of the Beneficiary's duties, the specialized knowledge required, and the minimum educational qualifications necessary to perform the role, including the requirement of at least a bachelor's degree in electrical engineering, photonics, applied physics, or a closely related field (Exhibit B).
•  The expert opinion letter from [Expert Name], [Title], [Affiliation], who holds a [degree] in [field] from [institution], confirms that the proffered position is a specialty occupation that requires at minimum a bachelor's degree in a specific specialty, and that the Beneficiary's credentials are consistent with the requirements of the position (Exhibit D).
•  [Additional key evidentiary highlights as applicable to the specific case.]
B. [RFE Issue 2 — If Applicable]
Applicable Legal Standard. [Insert the applicable legal standard for the second RFE issue, following the same format as Sub-section A above. Cite the relevant INA sections, C.F.R. provisions, precedent decisions, and USCIS policy guidance.]
Petitioner's Argument. [Insert a detailed summary of the argument addressing the second RFE issue. Reference specific exhibits and evidence. Address each element of the applicable standard.]
Key Evidentiary Highlights. [Summarize the most compelling evidence addressing this issue, referencing specific exhibit numbers.]
C. [Additional RFE Issues — As Needed]
[This sub-section is expandable for petitions in which the RFE raises more than two distinct issues. Repeat the structure from Sub-sections A and B above — applicable legal standard, Petitioner's argument, and key evidentiary highlights — for each additional RFE issue. Each sub-section should be self-contained and clearly labeled with the specific issue it addresses.]
VI. SUMMARY OF ENCLOSED EVIDENCE / EXHIBIT LIST
In support of this response, Petitioner respectfully submits the following documentary evidence, organized by exhibit letter for the Officer's convenience. Each exhibit is tabbed and labeled accordingly. The Petitioner requests that the adjudicating officer review each exhibit in its entirety in conjunction with the arguments set forth in Section V above and in conjunction with all evidence previously submitted with the original petition filing.
Note: The exhibit list above should be customized for each specific RFE response. Ensure that every document referenced in the argument sections of this response letter (Section V) is included in the exhibit list above, and that every exhibit listed has been physically enclosed with the response package. Exhibit tabs should be clearly labeled and correspond to the designations in this table.
VII. PETITIONER'S ATTESTATIONS
In connection with this RFE response, Optiwave Semiconductor Corp., as the petitioning employer, hereby confirms and attests to the following:
1.  Continued Offer of Employment. OWS continues to offer the Beneficiary the position described in the original petition — specifically, the position of [JOB TITLE] — and the terms, conditions, and duties of the proffered position remain as stated in the original petition and as further described in this RFE response and the supporting documentation enclosed herewith. The position remains a full-time position requiring a minimum of forty (40) hours of work per week.
2.  Prevailing Wage Compliance. The proffered annual wage of $[XXX,XXX] meets or exceeds the applicable prevailing wage for the proffered position under SOC Code [SOC CODE] at Wage Level [II/III/IV] in the [MSA NAME] metropolitan statistical area. The actual wage paid to the Beneficiary will be no less than the higher of the prevailing wage or the actual wage paid to similarly situated workers at OWS, in compliance with INA § 212(n)(1)(A) and the certified LCA.
3.  Terms and Conditions of Employment. All terms and conditions of employment — including the job title, job duties, worksite location, hours of work, and compensation — remain as stated in the petition and the certified LCA. To the extent any material changes have occurred, such changes have been or will be reflected in an amended petition or amended LCA filed with the appropriate federal agency.
4.  Program Compliance. OWS will comply with all applicable requirements of the H-1B program (or O-1 program, as applicable) under the INA and implementing regulations, including but not limited to the maintenance of a public access file, proper posting or electronic notification requirements, and all recordkeeping obligations under 20 C.F.R. Part 655, Subpart H.
5.  H-1B Non-Dependency Status. OWS confirms its status as an H-1B non-dependent employer. As of the date of this filing, OWS employs fourteen (14) workers in H-1B status out of a total workforce of approximately 340 full-time equivalent employees, representing approximately 4.12% of its workforce. This figure is well below the 15% statutory threshold established under INA § 212(n)(3)(A) for employers of 51 or more full-time equivalent employees.
6.  E-Verify Enrollment. OWS is enrolled and participates in the E-Verify program operated by USCIS and the Department of Homeland Security. The company's E-Verify Company Identification Number is 1487623. OWS uses E-Verify to confirm the employment authorization of all newly hired employees, as required by law.
VIII. LEGAL AUTHORITY RESERVATION
The Petitioner respectfully reserves the right to submit additional evidence, documentation, or legal arguments in support of this petition if requested by USCIS or if the Petitioner becomes aware of any additional information that may be relevant to the adjudication of this matter. Nothing in this response should be construed as a waiver of any right, privilege, or argument available to the Petitioner under applicable law.
This response should be read and evaluated in conjunction with the originally filed Form I-129 petition and all previously submitted supporting evidence and documentation. The Petitioner incorporates by reference the entire record of proceedings in this matter, including all forms, letters, declarations, exhibits, and supporting materials previously submitted with the original petition filing.
The Petitioner respectfully requests that the adjudicating officer contact the undersigned counsel at the telephone number or email address listed below in advance of issuing any adverse decision or notice of intent to deny ("NOID") with respect to this petition. Counsel is prepared to promptly address any remaining questions or concerns and to provide any further documentation or clarification the Officer may require to facilitate the favorable adjudication of this petition.
IX. CONCLUSION AND REQUEST FOR APPROVAL
For all of the foregoing reasons, and based on the totality of the evidence submitted with the original petition and with this RFE response, the Petitioner respectfully submits that each issue raised in the Request for Evidence has been fully and comprehensively addressed. The Petitioner has demonstrated, through detailed documentary evidence, expert analysis, and legal argumentation, that the petition satisfies all applicable statutory and regulatory requirements for the requested nonimmigrant classification.
[If premium processing:] The Petitioner further notes that premium processing under Form I-907 was elected for this petition and the applicable premium processing fee of $2,805 was submitted with the original petition filing. The Petitioner respectfully requests that USCIS adjudicate this petition within the applicable premium processing timeframe, as mandated by INA § 286(u) and 8 C.F.R. § 103.7(e), commencing upon USCIS's receipt of this RFE response.
The Petitioner respectfully requests that USCIS find the RFE fully addressed and approve the petition as filed for the requested validity period of [START DATE] through [END DATE]. The Petitioner and undersigned counsel remain available and willing to provide any further information, documentation, or clarification as may be needed to facilitate the adjudication of this petition.
We thank the Officer for the time and attention devoted to the review of this petition and this response.
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
[ATTORNEY NAME] [Lead Associate / Of Counsel] Calderwood & Harkness LLP 555 South Grand Avenue, 38th Floor Los Angeles, California 90071 Telephone: [PHONE]
Email: [EMAIL]
Counsel for Petitioner, Optiwave Semiconductor Corp.
cc:
Patricia Langford, General Counsel, Optiwave Semiconductor Corp. Rajesh Anand, Immigration Program Manager, Optiwave Semiconductor Corp. Nathaniel Bower, Responsible Partner, Calderwood & Harkness LLP [Beneficiary Name, if appropriate]
Enclosures: As listed in the Exhibit List in Section VI above.
Total pages of enclosures: [XX]
INTERNAL USAGE NOTES — FOR TEMPLATE USERS ONLY REMOVE THIS PAGE BEFORE FILING
Template: RFE Response Cover Letter — Optiwave Semiconductor Corp. Engagement Reference: SC-OWS-2025-0520-IMM
The following usage notes are provided for internal reference by attorneys, of counsel, and paralegals at Calderwood & Harkness LLP. This page and all internal annotations must be removed from the final version before filing with USCIS or delivering to the client.
1. Scope of Template. This template is designed for use across H-1B (initial, extension, transfer, and amendment petitions) and O-1 (O-1A Extraordinary Ability and O-1B Extraordinary Achievement) RFE responses for Optiwave Semiconductor Corp. The template's structure, petitioner background section, and attestation section are pre-populated with OWS-specific information that has been verified as of May 2025. Update employee count, revenue figures, and H-1B dependency calculations if filing more than 60 days after the date of this template.
2. Bracketed Placeholders. All bracketed placeholders (e.g., [BENEFICIARY FULL NAME], [RFE DATE], [SOC CODE], etc.) must be completed with case-specific information before filing. No bracketed text should remain in the final filed version of this letter. Conduct a final "Find" search for "[" and "]" characters before finalizing.
3. USCIS Service Center Selection. Ensure the correct USCIS Service Center is selected in the addressee block based on (a) the receipt number prefix on the RFE notice (WAC = California Service Center; EAC = Vermont Service Center; SRC = Texas Service Center) and (b) the mailing address specified on the face of the RFE notice. Do not assume the service center based solely on petition type.
4. Prior Counsel Transition. For petitions originally filed by Whitfield & Parekh LLP, confirm that a notice of appearance/substitution of counsel (Form G-28) has been filed with USCIS and that a copy of the filed G-28 is in the matter file. Include the optional paragraph in Section I noting the transition from prior counsel. If the substitution has not yet been filed, coordinate with Tanya Benavides (Paralegal) to prepare and file the G-28 concurrently with the RFE response.
5. Review and Approval Requirement. All RFE responses for OWS must be reviewed and approved by Dr. Lena Marchetti (Of Counsel, immigration subject matter expert) or Nathaniel Bower (Responsible Partner) before submission to USCIS. Associates should not file RFE responses without obtaining written sign-off from one of these supervising attorneys. Allow a minimum of three (3) business days for supervisory review before the filing deadline.
6. Filing Logistics. Coordinate with Tanya Benavides (Paralegal) for all filing logistics, including assembly of the physical response package, service center mailing addresses, USPS Express Mail tracking, and/or USCIS online account submission. Ms. Benavides is also responsible for updating the OWS matter filing tracker and the firm's case management system upon submission.
7. Government Fees. RFE responses to already-filed petitions typically do not require additional government filing fees. However, confirm that no supplemental fees are required (e.g., if the response includes a request for amended petition processing or if a new I-907 premium processing request is being submitted). If the original I-907 premium processing fee has already been paid and the 15-business-day clock has run, determine whether a new I-907 filing and fee are warranted.
8. Billing and Estimated Attorney Time. Estimated attorney time for RFE responses ranges from approximately $3,000 to $7,500 per RFE depending on complexity, number of issues raised, and the extent of expert or third-party evidence required. Time is billed hourly at applicable rates:
•  Associates: $575/hr
•  Of Counsel: $750/hr
•  Partners: $895/hr
•  Paralegals: $295/hr
Ensure that the estimated fee range has been communicated to the client contact (Rajesh Anand, Immigration Program Manager, OWS) and that any fee estimate or budget approved by the client is documented in the matter file.
9. Filing and Recordkeeping. Upon completion, file a copy of the final response (including all exhibits) in both (a) the beneficiary-specific petition file and (b) the master OWS immigration matter file (SC-OWS-2025-0520-IMM). Retain a copy of the USPS tracking receipt or USCIS online submission confirmation in the matter file. Calendar any follow-up dates, including the premium processing adjudication deadline (if applicable) and the original petition validity dates.
Exhibit | Description
A | Copy of RFE Notice dated [DATE]
B | [e.g., Updated Support Letter from Dr. Yun-Sheng Chen, Vice President of Engineering, Optiwave Semiconductor Corp., dated [DATE], describing the proffered position, its duties, and the minimum educational requirements]
C | [e.g., Detailed Position Description and Duty Breakdown for [JOB TITLE] position, including percentage of time allocated to each major duty category]
D | [e.g., Expert Opinion Letter from [EXPERT NAME], [TITLE], [AFFILIATION] / Industry Declarations from qualified professionals in the semiconductor/photonics field]
E | [e.g., Excerpts from the U.S. Department of Labor Occupational Outlook Handbook (OOH) and/or O*NET Summary Report for SOC Code [SOC CODE]]
F | [e.g., Beneficiary's Degree Certificates, Academic Transcripts, and Credential Evaluation Report prepared by [EVALUATION AGENCY NAME], a member of [NACES/AICE]]
G | [e.g., Certified Labor Condition Application (LCA), ETA Form 9035/9035E, Case Number [LCA CASE NUMBER]]
H | [e.g., Prevailing Wage Determination issued by the DOL National Prevailing Wage Center, or Occupational Employment and Wage Statistics (OEWS) data from the DOL Online Wage Library for SOC Code [SOC CODE] in [MSA NAME]]
I | [e.g., OWS Organizational Chart depicting the Beneficiary's reporting structure, supervisory relationships, and placement within the Engineering / [DEPARTMENT] division]
J | [e.g., Published Articles, Conference Papers, and/or U.S. Patent or Patent Application filings authored or co-authored by the Beneficiary (for O-1 petitions)]
K | [e.g., Advisory/Peer Group Opinion Letter from [ORGANIZATION NAME] pursuant to 8 C.F.R. § 214.2(o)(5)(ii) (for O-1 petitions)]
[L] | [As needed — additional exhibits as required by the specific facts of the case]
[M] | [As needed]