diversity
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Cloud9 adds the MAJKL Valorant roster to create Cloud9 White as its first women’s esports team
Cloud9 has brought on the all-women MAJKL Valorant squad to become its first women’s esports team.
Moving forward, the team of Alexis “alexis” Guarrasi, Annie “Annie” Roberts, Jasmine “Jazzyk1ns” Manankil, Katsumi and Melanie “meL”Capone will compete as Cloud9 White in competition for Riot Games’ Valorant league.
The new team is sponsored by AT&T.
As MAJKL, the team has already won first place in the FTW Summer Showdown tournament — a part of the Valorant Ignition Series. That $25,000 prize put the team as the sixth highest paid team on the competitive circuit.
“What stood out to me about MAJKL is that they had to work hard to perfect their play, find each other, and then compete as a unit,” said Gaylen Malone, senior general manager of Cloud9, in a statement. “They are a talented group of women who came together with the goal of being the best at the game and were committed to doing what it took to get there, and watching their improvement over just the past few months has been incredible.”
Competitive esports should be one place where women and men can compete on equal footing, but the league is still subject to the same problems that beset other competitive events. Few women are members of the elite teams in esports. Competitors like FaZe Clan (which is sponsored by TechCrunch’s parent company’s parent company, Verizon) only has one girl on their Fortnite roster.
“Our goal is to not only provide value to gamers with AT&T’s products and services, but to also contribute to real, meaningful change in the industry by giving this powerhouse team and other talented women what they need to succeed,” said Shiz Suzuki, associate vice president, sponsorships & experiential marketing, AT&T, in a statement. “We can’t wait to tell their stories and see the best of the best represent Cloud9 and AT&T on some of the world’s largest stages.”
Female gamers experience the same kind of harassment and unequal treatment that women in other sports are subjected to.
“A lot of female gamers get driven away, and they don’t want to be seen as gamers,” Madison “Maddiesuun” Mann told the online publication ShondaLand. “I remember in high school, I was pretty insecure about it. I didn’t tell anybody I played video games until I graduated — it’s just that weird insecurity.”
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Dear Sophie: What visa options exist for a grad co-founding a startup?
Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.
Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.
“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”
Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.
Dear Sophie:
What are the visa prospects for a graduate completing an advanced degree at a university in the United States who wants to co-found a startup after graduation? Can the new startup or my co-founders sponsor me for a visa?
—Brilliant in Berkeley
Dear Brilliant,
Thank you for your questions and for your contributions. The U.S. economy greatly benefits from entrepreneurial individuals like you who create companies — and jobs — in the U.S.
Let me take your second question first: Yes, it is theoretically possible for your startup to sponsor you for a visa, and for one of your co-founders to be your supervisor. Many visas and employment green cards require a company to sponsor you and for you to demonstrate that a valid employer-employee relationship exists.
Given your situation, timing will be key, particularly since one of your best visa options is the H-1B Visa for Specialty Occupations. The number of H-1B visas issued each year is typically capped at 85,000-60,000 for individuals with a bachelor’s degree and 25,000 for individuals with a master’s or higher degree. Because of the cap on H-1B visas and because the demand for them far outstrips the supply, U.S. Citizenship and Immigration Services (USCIS) holds a lottery once a year in the spring to determine who can apply for this visa.
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Startup founders set up hacker homes to recreate Silicon Valley synergy
In Y Combinator’s early days, founders would move to Palo Alto, split a two-bedroom with five others to save money and trade notes around the clock with their new, like-minded roommates.
Now, as remote work continues and the pandemic persists, scores of entrepreneurs are working from home around the world. Y Combinator isn’t requiring its recent cohorts to relocate and collaboration is a screen-to-screen affair.
Now that they can work from literally anywhere, many entrepreneurs are forming homes with other founders. Hacker homes, the newest iteration of remote work adaption, feels like a nostalgic attempt to recreate some of the synergies COVID-19 wiped out. Generally speaking, it’s a nod to the digital nomad lifestyle, but in some cases, hacker homes feel closer to Hype House, a TikTok mansion laden with sponsored indulgence and wealth.
For Greg Isenberg, a growth advisor to TikTok and former head of strategy at WeWork, entrepreneur homes are a signal of what the foreseeable future of building could look like.
“The type of vibe you used to get from Y Combinator just doesn’t exist anymore,” Isenberg said, as these houses could recreate some of the scrappiness and like-mindedness that defined the incubator’s early days.
While some see founder communes as vehicles for creating a more level playing field, critics say the model perpetuates Silicon Valley cultural constructs that favor white men.
In other words, sometimes there’s a cost to after-work happy hours making a comeback.
Product Hunt, and then TikTok
Michael Houck, a former product manager at Airbnb and Uber, rented a home in Tulum, Mexico in May 2020. He put $21,000 of non-refundable money on his credit card and invited friends and people he met on the internet before hopping on a plane. Anyone who came had to be okay with a few rules: you must pay rent, launch projects and you have to be okay with building your company in public.
In all, 18 entrepreneurs, including Houck, formed The Launch House. Residents include former startup fellowship participants from On Deck, product managers and solo entrepreneurs. On the plane ride over, house founder Brett Goldstein launched its first tool.
Habitants of the Launch House use the pool for recreation and brainstorm sessions, called “pool-storms.” Image Credits: The Launch House
“How do you actually launch a consumer product? You need wide reach, influence, community and media properties all together,” Goldstein said. “I wouldn’t say we’re the next Y Combinator, but the next YC would look something like that.”
In just a few weeks, The Launch House has produced nine products, including a discovery platform for the best OnlyFans accounts, an anonymous Twitter bot that sends positive comments and tools that enhance newsletter and email reading experiences.
Launch House members described a strong focus on inclusion when populating future homes and just opened up the application process for Launch House 2. One way the house is trying to give access to other people is by open-sourcing information and projects that residents build together.
The website has a Launch Library where builders can submit their email addresses to access resources on how to build anything from a podcast to a clothing brand to a community.
“There’s this sort of veil of mystique that surrounds a lot of entrepreneurs and founders,” Goldstein said. “The curtain has been lifted, and now you can get a social media perspective, and inside look at what it takes to start and launch a company.”
Now, more than 1,500 people are on the Launch House waitlist. Multiple investors have approached the group to sponsor internal and external events and some companies have even asked for the right to do product placements.
The concept has surely brought in an audience, and copycats: an unaffiliated group called The Rocketship House posted a trailer on Twitter in October:
Welcome to
. pic.twitter.com/tnp9MQ03V7
—
When reached via e-mail, organizers of Rocketship House declined to answer specific questions about the launch, or as they put it, “blast off.” The group confirmed that it is funded by a few unnamed large investors based in Beverly Hills, and includes a mix of marketers and influencers that invest in social media. It is currently accepting applications, drawing itself as similar to a TikTok mansion.
“Similar to Sway House [a residence for TikTok personalities], we will be making fun and dramatic dope bro content, centered around launching startups. We all live exciting lives, and there’s plenty of drama, so we’re excited to showcase that,” the e-mail from Rocketship House read.
Not all entrepreneur homes are following suit in terms of strategy, for more reasons than one.
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Emerging companies thrive on data. Shouldn’t they use it to improve hiring decisions?
Zoe Jervier Hewitt is a leadership coach and talent partner at multi-stage VC fund EQT Ventures, where she helps portfolio companies structure and accelerate their search for talent by facilitating connections to the right technology and people required to source candidates at each stage of company growth.
While emerging companies are often started by technically minded founders and funded by VCs for their data-driven approaches to product and growth, the irony is that these companies are often using less data and rigor when it comes to hiring talent than more traditional, less data-focused companies. The truth is, the way in which tech companies hire has been relatively untouched by disruption, with most still relying on resumes and conversational interviews for its highest-stake decisions.
The consequences of this is not only detrimental to building teams, but to the overall diversity of the startup space.
Data-driven hiring isn’t just about having the right funnel metrics in place to determine efficiency of process, it extends to the information we choose to collect (or not collect) and measure to determine if someone is a fit for a role. There’s a science to building teams, and therefore selecting talent to join teams. So, why is hiring in early-stage companies still not regarded as a data-driven activity?
Some argue that by nature, talent selection involves people and so can’t truly be scientific. People are unique, complex, emotional and unpredictable. Additionally, few people think they’re a bad judge of character and talent, most overconfidently hold the belief that they’ve got a superior instinct and “nose” for talent. Hiring talent is one of the few operational activities in business where formal training or decades of experience isn’t expected in order to be better than average.
Move away from gut-based evaluations
The impact of this outdated way of thinking is felt across the board — first and foremost when it comes to team dynamics. To first know if someone is qualified, you need to know what you’re assessing for. Companies that operate with a shallow understanding of what drives success in a role lack the vital information needed to build a strong system of selection. The output is a weak hiring process that is heavy on unstructured interviewing, light on predictive signals and relies on gut-based evaluations.
Chemistry, confidence and charisma are more likely to determine whether a candidate lands a role versus competence to do the job. As a result, almost half of new hires are estimated to fail and be ineffective, and weak teams are built. The lack of reliable data also means most companies suffer from a broken feedback loop between hiring and team performance, which stunts learning and improvement. How do you know if your selection process is efficiently assessing for the skills, traits and behaviors that drive top performance if you’re not connecting the dots?
The dangers of subjective approaches
More dangerously, a hiring process that’s not designed to collect and evaluate based on evidence almost always results in a lack of team diversity, which as we know stunts innovation and therefore limits company success.
Subjective approaches to talent selection and development create a revolving door of unconscious biases and exclusion, with a resounding impact on what now makes up the homogenous tech ecosystem. This is not helped by natural overreliance on networks as means to fill hiring pipelines in early-stage company building.
Lastly, for talent operators and people practitioners, it does no favors for the credibility of their profession. Recruiting and selecting talent will continue to be branded an unsophisticated, lesser back-office function, or as a “dark art” that is about as data-informed as looking into a crystal ball.
Taking an evidence-based approach
In bringing more objectivity to the hiring process, founders and their teams are served best when starting with a clear, evidence-based definition of what success markers look like in a role, and then putting structure around each stage of selection to assess for a specific skill or behavioral trait: What and when will you assess? What criteria will you evaluate the data based on? In other words, the objective is to get as close as possible to unearthing signals that are reliable enough to accurately predict that someone will perform in a role.
Up until recently, science-based talent assessment tools, which help hiring managers make more objective evaluations, have been largely used by bigger, more established firms that suffer from high-volumes of job applications — the luxury “Google” problem. However, three recent shifts suggest we’re about to see a trend in their adoption by earlier-stage startups as they scale their teams:
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Pressure to build diverse and inclusive teams. 2020 has pushed diversity and inclusion to the top of the agenda for most companies. Assessment tools used as part of team-building can help groups better identify where specific cognitive, personality and skill gaps exist, and therefore focus hiring for those missing ingredients. Candidate assessment also helps reduce unconscious bias that might creep into interviews by showing more objective information about someone’s strengths and weaknesses.
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The sharp rise in job applicants. The COVID-19 pandemic has had two significant effects on recruiting. First, companies have been forced to embrace hiring talent in remote roles, which has increased the size of the global talent pool for most jobs inside a tech firm. Second, the increase in available talent has meant that the average number of job applications has risen dramatically. This shift from a candidate-driven market to an employer-driven one means that selecting signal from noise is increasingly becoming a challenge even for early companies with a less-established talent brand.
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Better designed, more affordable products on the market. For a long time, talent assessment software has been largely inaccessible to noncorporate clients. Academic user interfaces and off-putting candidate experiences has meant that many scientifically robust tools simply haven’t been able to capture the attention of tech and product-obsessed buyers. Additionally, many tools that require add-on consultancy or specialist training to administer and interpret are simply out of range of early-stage budgets. With new entrants to the assessment market that have automation, product design and compliance at their core, scale-ups will be able to justify spending in this area and perceptions will change as they become essential SaaS products in their team’s operating toolkits.
As these outside factors continue to push hiring toward a more evidence-based approach, businesses must prioritize making these changes to their hiring practices. While unstructured interviews might feel most natural, they’re perilous for accurate talent selection and while the conversation might be nice, they create noise that does nothing for making smart, accurate decisions based on what really matters.
Instinctive feelings and “going with your gut” in hiring should be treated with caution and decisions should always be based on role-relevant evidence you pinpoint. Emerging companies looking to set a strong team foundation shouldn’t risk the redundancies and biases created by subjective hiring decisions.
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Brazil’s Black Silicon Valley could be an epicenter of innovation in Latin America
Paulo Rogério Nunes
Contributor
Contributor
Paulo is the co-founder of Vale do Dendê (Dende Valley) and AFAR Ventures, a global diversity and inclusion creative and consulting agency that identifies opportunities for multinational brands, corporations and investors in emerging markets.
Tara Sabre Collier
Contributor
Contributor
Tara Sabre Collier is an early-stage impact investor with more than 15 years of experience at the intersection of economic development, social entrepreneurship and impact investment. She is a Visiting Fellow of Oxford University where she teaches and writes about impact investing, diversity and equity.
Over the last five years, Brazil has witnessed a startup boom.
The main startups hubs in the country have traditionally been São Paulo and Belo Horizonte, but now a new wave of cities are building their own thriving local startup ecosystems, including Recife with Porto Digital hub and Florianópolis with Acate. More recently, a “Black Silicon Valley” is beginning to take shape in Salvador da Bahia.
While finance and media are typically concentrated in São Paulo and Rio de Janeiro, Salvador, a city of three million in the state of Bahia, is considered one of Brazil’s cultural capitals.
With an 84% Afro-Brazilian population, there are deep, rich and visible roots of Africa in the city’s history, music, cuisine and culture. The state of Bahia is almost the size of France and has 15 million people. Bahia’s creative legacy is quite clear, given that almost all the big Brazilian cultural patrimonies have their roots here, from samba and capoeira to various regional delicacies.
Many people are unaware that Brazil has the largest Black population in any country outside of Africa. Like counterparts in the U.S. and across the Americas, Afro-Brazilians have long struggled for socio-economic equity. As with counterparts in the United States, Brazil’s Black founders have less access to capital.
According to research by professor Marcelo Paixão for the Inter-American Development Bank, Afro-Brazilians are three times more likely to have their credit denied than their white counterparts. Afro-Brazilians also have over twice the poverty rates of white Brazilians and only a handful of Afro-Brazilians have held legislative positions, despite comprising more than 50% of the population. Not to mention, they make up less than 5% of the top level of the top 500 companies. Compared with countries like the United States or the United Kingdom, the racial funding gap is even more stark as more than 50% of Brazil’s population is classified as Afro-Brazilian.
Bahia could be an epicenter of innovation in Latin America
Salvador (Bahia’s capital) is the natural birthplace of Brazil’s Black Silicon Valley, which largely centers around a local ecosystem hub, Vale do Dendê.
Vale do Dendê coordinates with local startups, investors and government agencies to support entrepreneurship and innovation and runs startup acceleration programs specifically focusing on supporting Afro-Brazilian founders. The Vale do Dendê Accelerator organization has already been in the spotlight at international and national publications because of its innovative work in bringing startup and tech education from mainstream to traditionally underserved communities.
In almost three years, the accelerator has supported 90 companies directly that cut across various industries, with high representation from the creative and social impact sectors. Almost all of the companies have achieved double-digit growth and various companies have gone on to raise further funding or corporate backing. One of the first portfolio companies, TrazFavela, a delivery app that focuses on linking customers and goods from traditionally marginalized communities, was supported by the accelerator in 2019. Despite the lockdown, the business grew 230% between the period of March and May after incubation and recently signed an agreement for further support and investment from Google Brasil.
There is a clear recognition of the business case for Afro-Brazilian businesses. Another company supported in the beginning with mentoring by Vale do Dendê is Diaspora Black (which focuses on Black culture in the tourism sectors). It attracted backing from Facebook Brasil and grew 770% in 2020.
The same is true for AfroSaúde, a health tech company focused on low-income communities with a new service to prevent COVID-19 in favelas (urban slums, which incidentally have high Black representation). The app now has more than 1,000 Black health professionals on its platform, creating jobs while addressing a health crisis that had been tremendously racialized.
We’re at the brink of a renaissance here in Bahia
Despite Brazil’s challenging economic situation, large national and global companies and investors are taking notice of this startup boom. Major IT company Qintess has come on board as a major sponsor to help Salvador become the leading Black tech hub in Latin America.
The company announced an investment of around 10 million reais (nearly $2 million USD) over the next five years in Black startups, including a collaboration with Vale do Dendê to train around 2,000 people in tech and accelerate more than 500 startups led by Black founders. Also, in September, Google launched a 5 million reais (around $1 million USD) Black Founders Fund with the support of Vale do Dendê to boost the Afro-Brazilian startup ecosystem.
There is no doubt that the new wave of innovation will come from the emerging markets, and the African Diaspora can play an important role. With the world’s largest African diaspora population in the hemisphere, Brazil can be a major leader on this. Vale do Dendê is keen to build partnerships to make Brazil and Latin America a more representative startup and creative economy ecosystem.
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Trump’s latest immigration restrictions are bad news for American workers
Jay Srinivasan is co-founder and CEO of atSpoke.
I’m an immigrant, and since arriving from India two decades ago I’ve earned a Ph.D., launched two companies, created almost 100 jobs, sold a business to Google and generated a 10x-plus return for my investors.
I’m grateful to have had the chance to live the American dream, becoming a proud American citizen and creating prosperity for others along the way. But here’s the rub: I’m exactly the kind of person that President Trump’s added immigration restrictions that require U.S. companies to offer jobs to U.S. citizens first and narrowing the list of qualifications to make one eligible for the H-1B visa, is designed to keep out of the country.
In tightening the qualifications for H-1B admittances, along with the L visas used by multinationals and the J visas used by some students, the Trump administration is closing the door to economic growth. Study after study shows that the H-1B skilled-worker program creates jobs and drives up earnings for American college grads. In fact, economists say that if we increased H-1B admittances, instead of suspending them, we’d create 1.3 million new jobs and boost GDP by $158 billion by 2045.
Barring people like me will create short-term chaos for tech companies already struggling to hire the people they need. That will slow growth, stifle innovation and reduce job creation. But the lasting impact could be even worse. By making America less welcoming, President Trump’s order will take a toll on American businesses’ ability to attract and retain the world’s brightest young people.
Consider my story. I came to the United States after earning a degree in electrical engineering from the Indian Institute of Technology (IIT), a technical university known as the MIT of India. The year I entered, several hundred thousand people applied for just 10,000 spots, making IIT significantly more selective than the real MIT. Four years later, I graduated and, along with many of the other top performers in my cohort, decided to continue my studies in America.
Back then, it was simply a given that bright young Indians would travel to America to continue their education and seek their fortune. Many of us saw the United States as the pinnacle of technological innovation, and also as a true meritocracy — somewhere that gave immigrants a fair shake, rewarded hard work and let talented young people build a future for themselves.
I was accepted by 10 different colleges, and chose to do a Ph.D. at the University of Illinois because of its top-ranked computer science program. As a grad student, I developed new ways of keeping computer chips from overheating that are now used in server farms all over the world. Later, I put in a stint at McKinsey before launching my own tech startup, an app-testing platform called Appurify, which Google bought and integrated into their Cloud offerings.
I spent a couple of years at Google, but missed building things from scratch, so in 2016 I launched atSpoke, an AI-powered ticketing platform that streamlines IT and HR support. We’ve raised $28 million, hired 60 employees and helped companies including Cloudera, DraftKings and Mapbox create more efficient workplaces and manage the transition to remote working.
Stories like mine aren’t unusual. Moving to a new country takes optimism, ambition and tolerance for risk — all factors that drive many immigrants to start businesses of their own. Immigrants found businesses at twice the rate of the native born, starting about 30% of all new businesses in 2016 and more than half of the country’s billion-dollar unicorn startups. Many now-iconic American brands, including Procter & Gamble, AT&T, Google, Apple, and even Bank of America, were founded by immigrants or their children.
We take it for granted that America is the destination of choice for talented young people, especially those with vital technical skills. But nothing lasts forever. Since I arrived two decades ago, India’s tech scene has blossomed, making it far easier for kids to find opportunities without leaving the country. China, Canada, Australia and Europe are also competing for global talent by making it easier for young immigrants to bring their talent and skills, often including an American education, to join their workforces or start new businesses.
To shutter employment-based visa programs, even temporarily, is to shut out the innovation and entrepreneurialism our economy desperately needs. Worse still, though, doing so makes it harder for the world’s best and brightest young people to believe in the American dream and drives many to seek opportunities elsewhere. The true legacy of Trump’s executive order is that it will be far harder for American businesses to compete for global talent in years to come — and that will ultimately hamper job creation, slow our economy and hurt American workers.
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Dear Sophie: I came on a B-1 visa, then COVID-19 happened. How can I stay?
Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.
Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.
“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”
Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.
Dear Sophie:
I’m currently in the U.S. on a business visitor visa. I arrived here in early March just before the COVID-19 pandemic began here to scope out the U.S. market for expanding the startup I co-founded in Bolivia a few years ago.
I had only planned to stay a couple months, but got stuck. Now my company has some real opportunities to expand. How can I stay and start working?
— Satisfied in San Jose
Hey, Satisfied!
Appreciative for the jobs you’ll be creating in the U.S. since you desire to remain in the U.S. and expand your startup. The U.S. economy greatly benefits from entrepreneurs like you who come here to innovate. Since you’re already in the U.S., you may have options to change your status without departing.
If you were granted a stay of six months when you were admitted most recently with your B-1 visitor visa, you can seek an extension of status for another six months. There are additional alternatives we can explore that would allow you work authorization. For more details on some of the options I’ll discuss here and for additional visa and green card options for startup founders, check out my podcast on “What is U.S. Startup Founder Immigration? A Step-By-Step Guide for Beginners.”
Because most green cards (immigrant visas) take longer than nonimmigrant (temporary) visas, a conservative strategy to pursue would be to find another temporary nonimmigrant status (what is often nicknamed a “visa”) — rather than a green card, which takes longer — that will allow you to create and grow your startup in the U.S. without having to return to Bolivia.
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Dear Sophie: How can employers hire & comply with all this new H-1B craziness?
Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.
Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.
“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”
Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one or two-year subscription for 50% off.
Dear Sophie:
I’ve been reading about the new H-1B rules for wage levels and defining what types of jobs qualify that came out this week. What do we as employers need to do to comply? Are any other visa types affected?
— Racking my brain in Richmond! 
Dear Racking:
As you mentioned, the Department of Labor (DOL) and the Department of Homeland Security (DHS) each issued a new interim rule this week that affects the H-1B program. However, the DOL rule impacts other visas and green cards as well. These interim rules, one of which took effect immediately after being published, are an abuse of power.
The president continues to fear-monger in an attempt to generate votes through racism, protectionism and xenophobia. The fatal irony here is that companies were in fact already making “real offers” to “real employees” for jobs in the innovation economy, which are not fungible and are actually the source of new job creation for Americans. A 2019 report by the Economic Policy Institute found that for every 100 professional, scientific and technical services jobs created in the private sector in the U.S., 418 additional, indirect jobs are created as a result. Nearly 575 additional jobs are created for every 100 information jobs, and 206 additional jobs are created for every 100 healthcare and social assistance jobs.
The DOL rule, which went into effect on October 8, 2020, significantly raises the wages employers must pay to the employees they sponsor for H-1B, H-1B1 and E-3 specialty occupation visas, H-2B visas for temporary non-agricultural workers, EB-2 advanced degree green cards, EB-2 exceptional ability green cards and EB-3 skilled worker green cards.
The new DHS rule, which further restricts H-1B visas, will go into effect on December 7, 2020. DHS will not apply the new rule to any pending or previously approved petitions. That means your company should renew your employees’ H-1B visas — if eligible — before that date.
The American Immigration Lawyers Association (AILA) has formed a task force to review the rules and help with litigation. Although both the DOL and DHS rules will likely be challenged, they will likely remain in effect for some time before any litigation has an impact. They are actively seeking plaintiffs, including employees, employers and representatives of membership organizations who will be hurt by the new rules.
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Funding for female founders falls to 2017 levels as pandemic shakes up the VC market
So much for progress.
New data out this week from PitchBook indicates that the number of rounds raised by female-founded and co-founded companies fell year-over-year, with dollars invested in those rounds collapsing to 2017-era levels.
The Exchange explores startups, markets and money. Read it every morning on Extra Crunch, or get The Exchange newsletter every Saturday.
It’s a disappointing quarter that comes after a few years in which female founders saw an increase in the amount of capital they were able to raise. In 2016, PitchBook data shows quarterly results for female founders totaling around 100 to 125 rounds, and between $300 and $400 million in value. By 2019, those figures rose to 150 to 200 rounds per quarter, worth between $700 million and $950 million.
To see Q3 2020 manage just 136 rounds worth just $434 million is a sharp disappointment.
The depressing results come not during a time of sharply lower aggregate venture capital results, notably. Recent data concerning Q3 2020 compiled by PwC indicates that the quarter was relatively rich. Certainly, overall deal volume in the United States is down slightly compared to year-ago periods, but female founders fared worse.
In short, a fear that well-known seed investor Charles Hudson discussed with TechCrunch during an Extra Crunch Live session back in April has come true. Let’s talk about it.
A diversity downturn?
Cards on the table, I think it’s better when venture capital is more diversely distributed. Why? Because when there’s more general access to funds, we’ll see a more varied set of products built to attack a more diverse set of issues and problems. Even more, venture capital can be a pathway to financial success for founders and employees, so investing it in all sorts of folks instead of one particular demographic set can spread the wealth around more equitably.
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Dear Sophie: Is it easier and faster to get an O-1A than an EB-1A?
Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.
Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.
“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”
“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.
Dear Sophie:
Is it easier and faster to get an O-1A extraordinary ability visa than an EB-1A extraordinary ability green card? What are the pros and cons of each?
—Outstanding in Oakland
Dear Outstanding:
Thanks so much for your timely questions about the extraordinary ability visa and green card. The short answer to your first question is yes, the O-1A visa is generally easier and faster to get than an EB-1A green card. In fact, I once helped a client get an O-1A approved in three days — of course, that was before the COVID-19 pandemic.
We recently launched “Extraordinary Ability Bootcamp,” a new, 15-module online course that takes a deep dive into the O-1A extraordinary ability nonimmigrant (temporary) visa, the EB-1A extraordinary ability green card, the EB-2 NIW (National Interest Waiver for exceptional ability) and what it takes to file a successful application in each category. Check my podcast where I discuss the Bootcamp in more detail. Register for the Extraordinary Ability Bootcamp and use code DEARSOPHIE for 20% off the enrollment fee.
In general, the requirements for a green card, which enable its holder to live permanently in the U.S., are more stringent than those for nonimmigrant visas, which only allow a temporary stay in the U.S. And U.S. Citizenship and Immigration Services (USCIS) typically takes longer to process green card petitions than nonimmigrant visa petitions. Moreover, the U.S. imposes numerical and per-country caps on the number of green cards issued each year, which means some green card categories for people born in some countries, such as India and China, face long waits. Only a few visas have an annual cap (like the H-1B), but the O-1A visa is not one of them.
That said, the EB-1A has one of the shortest USCIS processing times, compared to other employment-based green cards. Also, EB-1A petitions are eligible for premium processing, which requires USCIS to make a decision on a petition within 15 days (whether it is “calendar” days or “business” days is currently in flux!). The I-140 petition can be adjudicated quickly in a few weeks, but for somebody whose priority date is “current” on the Visa Bulletin, the determining factor for how long a green card takes is often the I-485 processing time in the local field office. Recently that’s been taking about 1.5-2 years for interviews in the Bay Area.
Meanwhile, nonimmigration visa petitions can face delays for a number of reasons, but a delay happens most often when USCIS responds to a petition with a Request for Evidence (RFE). An RFE is a written notice from USCIS seeking additional evidence to make a decision on a case. During the past few years, the number of RFEs issued by USCIS for both visas and green cards has increased substantially.
Last month (September 2020) USCIS extended its policy of giving petitioners an extra 60 calendar days to respond to certain USCIS notices, including RFEs, intent to deny, revoke, rescind and terminate due to the ongoing coronavirus pandemic. For any of these notices dated between March 1, 2020, and January 1, 2021, a timely response will be considered 60 days after the date listed on the notice. Whether you want to take advantage of this extra time is a conversation to have with your attorney, based on the strength of your pending petition and the urgency of getting an approval.
As you probably know, the O-1A visa is for individuals who have achieved national or international acclaim and have risen to the top of their field in the areas of science, education, business or athletics. The EB-1A enables individuals who have achieved substantial international or national success in their field due to their extraordinary talent to live permanently in the U.S.
Here’s a summary of the pros and cons of the O-1A and the EB-1A:
| O-1A NONIMMIGRANT VISA
(Temporary Stay) |
EB-1A GREEN CARD
(Permanent Residence) |
Pros
|
Pros
|
Cons
|
Cons
|
Keep in mind that like the EB-1, the EB-2 NIW (National Interest Waiver) green card does not require an employer sponsor. However, the eligibility requirements for the EB-2 NIW are less stringent than for the EB-1A. For individuals born in India and China, the downside to the EB-2 NIW green card is that they face a much longer wait compared to the EB-1A. Unlike the EB-1A, premium processing is not available for EB-2 NIW petitions.
Remember, U.S. embassies and consulates are not processing green cards so you should try to apply for a green card while you remain in legal status in the U.S. Otherwise, you may have to return to and stay in your home country for a while.
Still, getting a visa or green card abroad remains possible. I recommend working with an experienced immigration attorney to discuss which options best match your accomplishments, goals and timing. Remember, you can sign up for Bootcamp and use code DEARSOPHIE for 20% off the enrollment fee to get qualified!
All my best,
Sophie
Have a question? Ask it here. We reserve the right to edit your submission for clarity and/or space. The information provided in “Dear Sophie” is general information and not legal advice. For more information on the limitations of “Dear Sophie,” please view our full disclaimer here. You can contact Sophie directly at Alcorn Immigration Law.
Sophie’s podcast, Immigration Law for Tech Startups, is available on all major podcast platforms. If you’d like to be a guest, she’s accepting applications!
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