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Unit tests an easier way for workers to organize
Work looks wildly different today than it did a year ago. In tech, every bit of the workplace has been tweaked to fit our new remote world. From scaling accountability and onboarding remotely to figuring out what old perks can be made socially distant — myriad decisions have been made at the hands of the employers.
An early-stage startup thinks it’s time to give some of that decision-making power back to employees, too. So Unit, a New York-based company, is tackling perhaps the most elusive and controversial topic in mainstream tech today: labor unions.
Numerous studies show that union members earn significantly higher wages and get better benefits than non-union workers. At the same time, many companies are anti-union because it impacts the bottom line, or puts more autonomy into their workers’ hands and limits control.
Unit wants to make it easier for employees to virtually organize, and manage, labor unions to protect them from their employers. Unit itself is not a labor union, but instead helps worker-organizers set up, affiliate and manage a union with a mix of software and human resources.
Janitorial entrepreneurship
Unit founder and CEO James White watched Occupy Wall Street unfold in real time while he was a graduate student. He helped out a cohort of janitorial workers from MIT and Harvard that were organizing with the SEIU, or Service Employees International Union, a union of about 2 million people across the services industry.
“By day I would be working in the bio-instrumentation lab at MIT on medical injection devices, and by nights and weekends we were organizing students to support these janitors in their bid for better pay and working conditions,” he said. “[Volunteer organizing] felt very manual and inefficient, but they won some things. It took a couple of years, but they won.”
White spent most of the next decade picking the day job, and worked on a company in the medical device space. But after getting business and sales chops, he left to start his own business. He kept thinking about labor unions.
“Tech-enabled organizing kept coming back to the forefront [of my ideas], and being both the most exciting to me personally, but also I think the most impactful in the ways I wanted to see the world change in terms of income inequality and individual empowerment,” he said.
A turnkey solution for unions
Unit offers a suite of services to fix the process of unionizing, which starts with education. The startup has a step-by-step process of how to virtually unionize a workplace that it offers for free public use on its website.
After a worker-organizer decides that they want to unionize, Unit helps them begin the process. Employees can come to the website, run through an eligibility survey, and begin to start inviting fellow co-workers to the organizing platform. Interested employees will fill out paperwork and a small cohort will begin to form within an organization.
In the background, Unit begins handling the legal automation process needed before a team approaches a national union, such as the national Labor Relations Board, or local union with their pitch. The startup works with a Boston law firm that files the petitions on behalf of employees.
“So far, the biggest feedback we’ve gotten from our organizing application is that ‘I chose you guys over calling a labor organizer at a national union or over contacting volunteers to come and help us because it seemed like the fastest way to get started’,” White said.
After (and if) a union is approved, Unit takes on the role of a labor advisory service. The startup uses a combination of digital and human services to create a “turnkey solution” for union management.
The startup will help conduct voting and polling, provide consensus tools and oversee the charter draft and review process, otherwise known as the governance of a union, on behalf of workers. It will also help with negotiation, such as bargaining surveys, contract drafting and review, compensation and strategic analysis. Beyond that, Unit focuses on ongoing organizing such as new member education and strike planning, as well as contract maintenance. Another company in the space, UnionWare, helps with membership management, while Unit is aiming for the full suite.
“We plan to try to take the time commitment down by quite a bit by automating a bunch of it,” he said. “So that people can vote over software, they can get updates over software, nominate new officers or run for office within these small unions over software.” A Shopify for union organizers, of sorts.
Similar to how an employee only pays fees once a union is approved, Unit only charges a fee after the formation process is complete. The typical cost of national union dues is 1.5% of wages, the company said, meaning that an employee who makes $40,000 a year would pay about $50 a month. Unit charges 0.8% of those monthly earnings.
The “no strings attached” business model means that Unit could lose 90% of their customers once the union is approved, White said. The startup is in the process of forging partnerships with large national unions so that it gets paid whenever a Unit-approved union that comes through one of its networks gets affiliated — with the pitch that it saves unions time and resources through its software.
Customers include software developers, digital media companies, fast food franchises and mental health companies, with a specific focus on helping smaller companies unionize.
‘It’s not a technical problem we have to solve’
Arianna Jimenez, who was a labor organizer for 20 years at SEIU, expressed caution around oversimplifying the unionizing process, which she thinks could give a false sense of hope to workers. In her experience, the negotiation process is the most contentious part of unionizing, taking anywhere from six months to 10 years.
“Once you have signed the cards and you are technically a union in the eyes of the law, that doesn’t in and of itself bring a change in the material conditions of the workers’ lives,” she said. “What brings the change is that the workers are engaging in a legal process that is protected by law with the employer officially to change the contract — such as increased benefits, healthcare and pension.”
While Unit and labor organizers across the country help with the negotiation process, employer-led oppression and fear tactics can often force employees to worry about their livelihoods, and thus vote against forming a union. For example, earlier this year Amazon conducted an anti-union campaign to pressure employees to vote against organizing efforts. The corporation defeated the union attempts, a setback for the biggest unionization push in Amazon’s 27-year history.
Jimenez doesn’t think that unionizing could ever have a fully turnkey solution because “the transformation fundamentally for workers between having a union and not having a union is not a legal threshold. It is really a more intangible transformation from a group of people who feel disempowered and disenfranchised to not.”
Jimenez says hitting scale for Unit would mean rewriting U.S. labor laws.
“It’s not a technical problem we have to solve, it’s a problem of values,” she said.
When venture is the elephant in the room
To scale, Unit will have to lean on VC, per White. In July 2020, Unit closed $1.4 million in financing, from investors such as Bloomberg Beta, Draper Associates, Schlaf Angel Fund, Haystack, E14 and Gutter Capital.
And this is where the heart of the tension with Unit is, per White: It needs to raise venture capital to hit scale, but getting in bed with that very asset class can feel counterintuitive.
For example, what if Unit helps employees within portfolio companies of existing investors start unions? Is there a conflict of interest, or can Unit be swayed to not prioritize those clients in order to keep its cap table happy?
Last year, California voters passed Proposition 22, essentially supporting Uber, Lyft, DoorDash, Instacart and Postmates that gig workers should not be entitled to the same labor right as employees, staying as independent contractors. The move was a blow to the efforts of worker-organizers around the world, and a reminder that venture-backed companies can be incentivized to act against broader access to benefits and worker protections.
While White says that venture was the best option for speed and scale, he did admit to worrying about some of these concerns, specifically about the influence that investors might try to have in later rounds if the founding team is unable to keep the majority of the company. He hopes that Unit can operate off of little venture capital for as long as possible to delay or altogether avoid those interests.
Siri Srinivas, an investor at Draper, thinks of Unit as a service that is building a better tool for a process that is regulated and complex. In other words, stripping out the politics, it’s a SaaS tool that makes sense.
“Frankly as VCs, we invest in technologies that people want. We as a team make a hard call on not engaging with certain products (e.g. tobacco) which we think are net negative for the world but don’t see this as much different from investing in other companies building software products in regulated industries,” she said. “Unit allows for a form of worker equity and can unlock a lot of value for its users and in that our incentives are completely aligned.”
For now, White is hoping that general interest in rebuilding workplaces keeps Unit busy and revenue-generating.
“We never could have predicted COVID having the impact that it did and really igniting even more conversations around labor and safety,” he said. “I do think, when we face these problems on a national level, sometimes they hit everybody at once and people think about the same things at the same time.”
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In the race for tech talent, the US should look to Mexico
The global tech sector is booming, and as technologies like cloud and AI accelerate their growth, the demand for tech talent outpaces supply globally. Specifically, the U.S. tech sector has seen unprecedented growth in recent years, with four tech firms reaching a $1 trillion market cap by the beginning of 2020 — all of which have seen double-digit growth since achieving a 13-digit valuation pre-pandemic.
One of the major factors in the growth and adoption of tech in the U.S. is the increasing focus on software as a service and broader digital transformations across industry sectors, which have accelerated due to the COVID-19 pandemic. As such, there is an insatiable appetite for quality tech talent in the U.S., with projections showing an 11% increase by 2029 from 2019 numbers, which amounts to over half a million new jobs.
Given that the U.S. produces only about 65,000 computer science graduates, there is a vast deficit in the tech talent market, which materialized as over 900,000 unfilled IT and related positions in 2019 alone. The problem is so vast that more than 80% of U.S. employers stated that recruiting for tech talent is a top business challenge, according to a survey by top HR consulting firm Robert Half.
Demand increasing for Mexican tech talent
Mexico’s tech talent can help to fill the gaps left in a hypercompetitive U.S. market for tech workers. Unlike the U.S., 20% of Mexican college graduates have relevant engineering degrees, amounting to over 110,000 per year, far surpassing the U.S. in technical talent. Investors and tech firms have noticed and are increasing operations in Mexico.
20% of Mexican college graduates have relevant engineering degrees, amounting to over 110,000 per year, far surpassing the U.S. in technical talent.
Some have referred to the cities of Monterrey and Guadalajara as the “Silicon Valley of Latin America,” and while their tech sectors are also seeing tremendous growth, the pace falls short of Mexico’s talent production, leading to a surplus of highly trained and capable individuals in the tech sector. The cost of higher education in Mexico is far less than in the U.S., so we’re likely to see that talent surplus grow in the coming years.
Under current conditions, the U.S. has an incredible opportunity to capitalize on the surplus of tech talent in Mexico. Because tech jobs are more scarce than in the U.S., the cost of talent in Mexico is considerably less than in the U.S. or in Canada. In general, talent in Mexico can be two to three times cheaper than in the U.S. while still delivering outstanding quality and specialized experience.
More so than other Latin American countries, Mexico has the experience and economy to support a robust tech talent export ecosystem. In fact, Mexico City’s concentrated market is larger than the sum total of every other Spanish-speaking country in Latin America. Specifically, Mexico’s IT outsourcing industry has been growing at an annual rate of 10%-15% and is now considered the third-largest exporter of IT services.
What’s more, the U.S./Mexico relationship is seeing a refresh after several tumultuous years. With Mexico ranked No. 1 among U.S. trade partners, the political and economic mechanisms for investments and partnerships are in place. Technology leaders such as Cisco and Intel have already set up shop in Mexico, demonstrating confidence in the country’s ability to support tech and economic growth.
The benefits of proximity
Mexico provides a number of benefits that make drawing from its talent surplus easier and more efficient. For one, Mexico’s time zones align with those in the U.S., enabling real-time collaboration at times that work best for both parties. Compare this to the time difference in India, which is over 12 hours ahead of California’s Silicon Valley.
Beyond the time difference, there are also many cultural similarities that make working with Mexico the clear choice for IT outsourcing. For example, the U.S. is home to more than 41 million native Spanish speakers, and plus over 12 million bilingual Spanish speakers, making the U.S. the second-largest Spanish-speaking country after Mexico. While difficult to quantify, the number of consumer and cultural exports from Mexico to the U.S. also helps to build familiarity and solidarity between the two countries, which can only improve an already healthy relationship.
New geopolitical considerations favor U.S.-Mexico ties
The steady progression of America’s tech sector is now seen as a strategic priority at the federal level. Meanwhile, public and private sector decision-makers are more interested than ever in conducting business under favorable trade treaty terms with friendly governments amid a new climate of geopolitical uncertainty.
As the U.S. tech sector continues its explosive growth, technology companies in the U.S. will need to seek alternative means to supplement its in-demand tech workforce. Rather than turning to countries undergoing increased regulatory scrutiny, or distant talent bases requiring significant business travel, business leaders are looking to geographically close, diplomatically friendly nations. U.S. companies are finding Mexico’s status as a key business partner and strategic ally to be a massive value driver.
By 2030, the middle-class population in Mexico is expected to reach 95 million, placing it in the top 10 countries with the highest share of global middle-class consumption. As the middle class rises, so will companies to meet their consumer needs, and, as such, Mexico’s own tech sector will grow and require significantly more tech talent, reducing or potentially eliminating Mexico’s talent surplus.
This is evidenced by the uptick in Mexico-based technology companies, such as Mexican used-car startup Kavak, which recently hit a $4 billion valuation. Amid an exciting backdrop of skyrocketing tech valuations and potential, the U.S. tech sector should look to Mexico as a key growth market and technology partner. The time is now for the U.S. to tap into the surplus of quality tech talent in Mexico.
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Worksome pulls $13M into its high skill freelancer talent platform
More money for the now very buzzy business of reshaping how people work: Worksome is announcing it recently closed a $13 million Series A funding round for its “freelance talent platform” — after racking up 10x growth in revenue since January 2020, just before the COVID-19 pandemic sparked a remote working boom.
The 2017 founded startup, which has a couple of ex-Googlers in its leadership team, has built a platform to connect freelancers looking for professional roles with employers needing tools to find and manage freelancer talent.
It says it’s seeing traction with large enterprise customers that have traditionally used Managed Service Providers (MSPs) to manage and pay external workforces — and views employment agency giants like Randstad, Adecco and Manpower as ripe targets for disruption.
“Most multinational enterprises manage flexible workers using legacy MSPs,” says CEO and co-founder Morten Petersen (one of the Xooglers). “These largely analogue businesses manage complex compliance and processes around hiring and managing freelance workforces with handheld processes and outdated technology that is not built for managing fluid workforces. Worksome tackles this industry head on with a better, faster and simpler solution to manage large freelancer and contractor workforces.”
Worksome focuses on helping medium/large companies — who are working with at least 20+ freelancers at a time — fill vacancies within teams rather than helping companies outsource projects, per Petersen, who suggests the latter is the focus for the majority of freelancer platforms.
“Worksome helps [companies] onboard people who will provide necessary skills and will be integral to longer-term business operations. It makes matches between companies and skilled freelancers, which the businesses go on to trust, form relationships with and come back to time and time again,” he goes on.
“When companies hire dozens or hundreds of freelancers at one time, processes can get very complicated,” he adds, arguing that on compliance and payments Worksome “takes on a much greater responsibility than other freelancing platforms to make big hires easier”.
The startup also says it’s concerned with looking out for (and looking after) its freelancer talent pool — saying it wants to create “a world of meaningful work” on its platform, and ensure freelancers are paid fairly and competitively. (And also that they are paid faster than they otherwise might be, given it takes care of their payroll so they don’t have to chase payments from employers.)
The business started life in Copenhagen — and its Series A has a distinctly Nordic flavor, with investment coming from the Danish business angel and investor on the local version of the Dragons’ Den TV program Løvens Hule; the former Minister for Higher Education and Science, Tommy Ahlers; and family home manufacturer Lind & Risør.
It had raised just under $6M prior to thus round, per Crunchbase, and also counts some (unnamed) Google executives among its earlier investors.
Freelancer platforms (and marketplaces) aren’t new, of course. There are also an increasing number of players in this space — buoyed by a new flush of VC dollars chasing the ‘future of work’, whatever hybrid home-office flexible shape that might take. So Worksome is by no means alone in offering tech tools to streamline the interface between freelancers and businesses.
A few others that spring to mind include Lystable (now Kalo), Malt, Fiverr — or, for techie job matching specifically, the likes of HackerRank — plus, on the blue collar work side, Jobandtalent. There’s also a growing number of startups focusing on helping freelancer teams specifically (e.g. Collective), so there’s a trend towards increasing specialism.
Worksome says it differentiates vs other players (legacy and startups) by combining services like tax compliance, background and ID checks and handling payroll and other admin with an AI powered platform that matches talent to projects.
Although it’s not the only startup offering to do the back-office admin/payroll piece, either, nor the only one using AI to match skilled professionals to projects. But it claims it’s going further than rival ‘freelancer-as-a-service’ platforms — saying it wants to “address the entire value chain” (aka: “everything from the hiring of freelance talent to onboarding and payment”).
Worksome has 550 active clients (i.e. employers in the market for freelancer talent) at this stage; and has accepted 30,000 freelancers into its marketplace so far.
Its current talent pool can take on work across 12 categories, and collectively offers more than 39,000 unique skills, per Petersen.
The biggest categories of freelancer talent on the platform are in Software and IT; Design and Creative Work; Finance and Management Consulting; plus “a long tail of niche skills” within engineering and pharmaceuticals.
While its largest customers are found in the creative industries, tech and IT, pharma and consumer goods. And its biggest markets are the U.K. and U.S.
“We are currently trailing at +20,000 yearly placements,” says Petersen, adding: “The average yearly spend per client is $300,000.”
Worksome says the Series A funding will go on stoking growth by investing in marketing. It also plans to spend on product dev and on building out its team globally (it also has offices in London and New York).
Over the past 12 months the startup doubled the size of its team to 50 — and wants to do so again within 12 months so it can ramp up its enterprise client base in the U.S., U.K. and euro-zone.
“Yes, there are a lot of freelancer platforms out there but a lot of these don’t appreciate that hiring is only the tip of the iceberg when it comes to reducing the friction in working with freelancers,” argues Petersen. “Of the time that goes into hiring, managing and paying freelancers, 75% is currently spent on admin such as timesheet approvals, invoicing and compliance checks, leaving only a tiny fraction of time to actually finding talent.”
Worksome woos employers with a “one-click-hire” offer — touting its ability to find and hire freelancers “within seconds”.
If hiring a stranger in seconds sounds ill-advised, Worksome greases this external employment transaction by taking care of vetting the freelancers itself (including carrying out background checks; and using proprietary technology to asses freelancers’ skills and suitability for its marketplace).
“We have a two-step vetting process to ensure that we only allow the best freelance talent onto the Worksome platform,” Petersen tells TechCrunch. “For step one, an inhouse-built robot assesses our freelancer applicants. It analyses their skillset, social media profiles, profile completeness and hourly or daily rate, as well as their CV and work history, to decide whether each person is a good fit for Worksome.
“For step two, our team of talent specialists manually review and decline or approve the freelancers that pass through step one with a score of 85% or more. We have just approved our 30,000th freelancer and will be able to both scale and improve our vetting procedure as we grow.”
A majority of freelancer applicants fail Worksome’s proprietary vetting processes. This is clear because it says it has received 80,000 applicants so far — but only approved 30,000.
That raises interesting questions about how it’s making decisions on who is (and isn’t) an ‘appropriate fit’ for its talent marketplace.
It says its candidate assessing “robot” looks at “whether freelancers can demonstrate the skillset, matching work history, industry experience and profile depth” deemed necessary to meet its quality criteria — giving the example that it would not accept a freelancer who says they can lead complex IT infrastructure projects if they do not have evidence of relevant work, education and skills.
On the AI freelancer-to-project matching side, Worksome says its technology aims to match freelancers “who have the highest likelihood of completing a job with high satisfaction, based on their work-history, and performance and skills used on previous jobs”.
“This creates a feedback loop that… ensure that both clients and freelancers are matched with great people and great work,” is its circular suggestion when we ask about this.
But it also emphasizes that its AI is not making hiring decisions on its own — and is only ever supporting humans in making a choice. (An interesting caveat since existing EU data protection rules, under Article 22 of the GDPR, provide for a right for individuals to object to automated decision making if significant decisions are being taken without meaningful human interaction.)
Using automation technologies (like AI) to make assessments that determine whether a person gains access to employment opportunities or doesn’t can certainly risk scaled discrimination. So the devil really is in the detail of how these algorithmic assessments are done.
That’s why such uses of technology are set to face close regulatory scrutiny in the European Union — under incoming rules on ‘high risk’ users of artificial intelligence — including the use of AI to match candidates to jobs.
The EU’s current legislative proposals in this area specifically categorize “employment, workers management and access to self-employment” as a high risk use of AI, meaning applications like Worksome are likely to face some of the highest levels of regulatory supervision in the future.
Nonetheless, Worksome is bullish when we ask about the risks associated with using AI as an intermediary for employment opportunities.
“We utilise fairly advanced matching algorithms to very effectively shortlist candidates for a role based solely on objective criteria, rinsed from human bias,” claims Petersen. “Our algorithms don’t take into account gender, ethnicity, name of educational institutions or other aspects that are usually connected to human bias.”
“AI has immense potential in solving major industry challenges such as recruitment bias, low worker mobility and low access to digital skills among small to medium sized businesses. We are firm believers that technology should be utilized to remove human bias’ from any hiring process,” he goes on, adding: “Our tech was built to this very purpose from the beginning, and the new proposed legislation has the potential to serve as a validator for the hard work we’ve put into this.
“The obvious potential downside would be if new legislation would limit innovation by making it harder for startups to experiment with new technologies. As always, legislation like this will impact the Davids more than the Goliaths, even though the intentions may have been the opposite.”
Zooming back out to consider the pandemic-fuelled remote working boom, Worksome confirms that most of the projects for which it supplied freelancers last year were conducted remotely.
“We are currently seeing a slow shift back towards a combination of remote and onsite work and expect this combination to stick amongst most of our clients,” Petersen goes on. “Whenever we are in uncertain economic times, we see a rise in the number of freelancers that companies are using. However, this trend is dwarfed by a much larger overall trend towards flexible work, which drives the real shift in the market. This shift has been accelerated by COVID-19 but has been underway for many years.
“While remote work has unlocked an enormous potential for accessing talent everywhere, 70% of the executives expect to use more temporary workers and contractors onsite than they did before COVID-19, according to a recent McKinsey study. This shows that businesses really value the flexibility in using an on-demand workforce of highly skilled specialists that can interact directly with their own teams.”
Asked whether it’s expecting growth in freelancing to sustain even after we (hopefully) move beyond the pandemic — including if there’s a return to physical offices — Petersen suggests the underlying trend is for businesses to need increased flexibility, regardless of the exact blend of full-time and freelancer staff. So platforms like Worksome are confidently poised to keep growing.
“When you ask business leaders, 90% believe that shifting their talent model to a blend of full-time and freelancers can give a future competitive advantage (Source: BCG),” he says. “We see two major trends driving this sentiment; access to talent, and building an agile and flexible organization. This has become all the more true during the pandemic — a high degree of flexibility is allowing organisations to better navigate both the initial phase of the pandemic as well the current pick up of business activity.
“With the amount of change that we’re currently seeing in the world, and with businesses are constantly re-inventing themselves, the access to highly skilled and flexible talent is absolutely essential — now, in the next 5 years, and beyond.”
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Despite gains, gender diversity in VC funding struggled in 2020
People have been discussing the importance of expanding opportunities for women in venture capital and startup entrepreneurship for decades. And for some time it appeared that progress was being made in building a more diverse and equitable environment.
The prospect of more women writing checks was viewed as a positive for female founders, a cohort that has struggled to attract more than a fraction of the funds that their male peers manage. All-female teams have an especially tough time raising capital compared to all-male teams, underscoring the disparity.
Then COVID-19 arrived and scrambled the venture and startup scene, creating a risk-off environment during the end of Q1 and the start of Q2 2020. Following that, the venture world went into overdrive as software sales became a safe harbor in the business world during uncertain economic times. And when it became clear that the vaunted digital transformation of businesses large and small was accelerating, more capital appeared.
But data indicate that the torrent of new capital has not been distributed equally — indeed, some of the progress that female founders made in recent years may have eroded.
The Exchange explores startups, markets and money.
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During a time of plenty, many female founders are still going without. The Exchange reached out to a number of American and European investors and founders to get their perspective on how today’s venture market treats female founders.
Recurring among the responses was a general view that more women venture capitalists would help lessen the gender gap in investments, and that VCs became more conservative due to COVID-19 and its constituent economic disruption, reverting to offering capital to repeat founders and their existing networks, both groups that are less diverse than the pool of new founders.
Our collection of founders and investors also said that women have been especially double-tasked during the pandemic to take on more domestic responsibilities in part due to sexist societal expectations, adding that that sexism more generally remains a problem that either isn’t improving or is improving too slowly.
But before we get into the core issues that prevent improvements in gender equity in venture funding, let’s check in on the data from last year and contrast it to its antecedents.
What the data show
While there have already been reports on gender disparities in funding, Nokia-backed VC firm NGP Capital made a great contribution to research on the topic with its 2021 dossier.
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Dear Sophie: Can I transfer my H-1B to a startup I founded?
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 working for a large tech company on an H-1B visa for about a year and a half. I’d like to establish my own company while maintaining my current, secure job.
Can I keep working on the H-1B, found my own company, and then have my startup sponsor me for an H-1B or another visa?
— Scrappy in Santa Clara
Hi Scrappy,
You need to be very careful while navigating this process because there are many different legal requirements that you need to pay careful attention to so you comply with U.S. immigration laws. But yes, it is possible for you to own a portion of a business on H-1B, and it is possible for a founder to obtain an H-1B transfer to work at the startup.
Take a listen to a recent podcast episode in which I discuss having two H-1B jobs — or concurrent H-1Bs. Concurrent H-1Bs enable your second employer — in this case, your startup — to avoid having to go through the H-1B lottery process because you have already gone through that process with your current employer.
Consult with experienced attorneys
Be kind to your attorneys — you will need their support to navigate this process! Before you embark on creating your startup, you should review and discuss your employment contract and NDA with an employment lawyer.
Big companies often require employees to obtain their consent prior to forming a startup. You should also consult with an experienced immigration attorney when considering embarking on this path and determining how to structure your startup. The H-1B has specific requirements that you and your startup must meet to qualify.
Employer-employee requirement
As you probably already know, the H-1B visa allows you to work for a specific employer in a specific job at a specific location. That means you cannot work for or at your startup under your current H-1B. Therefore, we often advise clients not to found any startup as a sole proprietorship. There will probably need to be a corporation or a limited liability company.
You may be advised to find a co-founder or two. One of the key requirements for the H-1B that you need to keep in mind is your startup and you must have an employer-employee relationship. That means someone at your startup, such as a co-founder, must have the ability to hire you, supervise you, hold you accountable for poor job performance, and fire you, according to the terms and conditions of the H-1B.
Also, you may need to work with a corporate attorney to draft certain bylaws, and it can be helpful if you personally own less than 50% of your startup. All of these things depend on the specific details of your situation, so definitely talk to experienced attorneys to guide you through, step by step!
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
Salary requirement
Your position and your startup must meet other requirements for an H-1B. To qualify for an H-1B, the future position must meet the definition of a “specialty occupation.” That means your position requires theoretical and practical application of highly specialized knowledge.
It also means you must have at least a bachelor’s degree or equivalent experience in a field that’s directly related to the position.
Moreover, your startup must be able to pay you the prevailing wage for the position and for the location where your startup or the position is based. Prevailing wages, which are determined by the U.S. Department of Labor, are broken down into four levels based on experience, with Level I being an entry-level position and Level IV being the most experienced.
Before filing an H-1B petition on your behalf to U.S. Citizenship and Immigration Services (USCIS), your startup’s immigration attorney will have to first submit a Labor Condition Application (LCA) for certification by the Department of Labor. An LCA seeks to ensure that the wages and working conditions of American workers are not negatively impacted by an H-1B position.
Equity in a company and stock options are not considered wages in the H-1B context. Therefore, your startup will need to show that it can afford to pay you the prevailing wage as well as support business operations.
If you’re pre-revenue, this can be shown by a business plan plus your bank statements showing your runway from an initial investment. The amounts required depend on the details of your company’s situation.
Other things to keep in mind
There are no restrictions on the number of hours an individual on an H-1B must work. An H-1B position can be full time or part time or involve working just a few hours a week. Take a listen to my podcast on best practices for submitting a strong H-1B petition.
Concurrent H-1B employment can last as long as the original H-1B with your large tech employer. If you want to remain permanently in the United States, you or one of the companies sponsoring your H-1B should apply for a green card at least a year before your sixth year on the H-1B. (If you apply for a green card before your sixth year on an H-1B, the sponsoring employer can continue to extend your H-1B beyond six years until you receive your green card so you don’t have to leave the United States to apply at a U.S. embassy in your home country).
If you want to apply for a green card on your own, consider the EB-1A green card for individuals with extraordinary ability or the EB-2 NIW (National Interest Waiver) for individuals with exceptional ability.
Other employment-based green cards, such as the EB-2 green card for professionals holding advanced degrees and EB-3 for skilled workers and professionals, require an employer to sponsor you as well as the PERM process, which can be challenging if you own substantial equity in the company.
Check with your current employer to find out if the company is willing to sponsor you for a green card. Depending on the timing, you might be able to bypass a second H-1B completely, avoiding the employer-employee relationship restrictions with your startup venture.
The work permit that comes in the I-485 adjustment of status process is unrestricted as to the type of employment in which you can engage!
Wishing you the best on your journey,
Sophie
Have a question for Sophie? 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. You can contact Sophie directly at Alcorn Immigration Law.
Sophie’s podcast, Immigration Law for Tech Startups, is available on all major platforms. If you’d like to be a guest, she’s accepting applications!
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Investors and business leaders: It’s time to take coaching mainstream
The business world has a love-hate relationship with coaching. Founders are visionaries: They start with an idea, a talent, a dream, but not necessarily the business know-how. Because being an entrepreneur doesn’t require a license or training — Jeff Bezos is an engineer and computer scientist; Elon Musk is an economist and physicist, and so on.
In any other industry, when someone with raw talent — an athlete, a singer, an actor — furthers their career, the first thing they receive is a coach. And it doesn’t stop once they get their first Olympic gold or Grammy.
Coaches don’t leave their side until they hang up their gloves. Tiger Woods is famous for having worked with many coaches to switch up his tactics and keep exceeding in his performance.
In any other industry, when someone with raw talent — an athlete, a singer, an actor — furthers their career, the first thing they receive is a coach.
Despite a culture that pushes founders to the edge of their physical, mental and personal limits as they build their company, we insist that they fly solo. They’re led to believe that reaching out for support is a sign of weakness.
That stigma is a huge part of the problem. We look up to business magnates, believing that they sailed from a college dorm to the C-suite without breaking a sweat. But we don’t see the vigorous kicking that goes on beneath the surface. As a client of mine once mused, even the best leaders are self-sabotaging themselves at least 30% of the time. I know for a fact that top Silicon Valley billionaires have nutrition, parenting, meditation and life coaches, but they — like half of my own clients — are reluctant to embrace this out in the open.
VCs know that they don’t invest in the business; they invest in the person. Record amounts of money are being funneled into mental wellness startups right now, but investors also need to direct that awareness toward their founders’ well-being. By offering access to a coach to all your portfolio founders, you’ll be tackling the real problems stopping them from pouring their energy into their business, and you’ll without a doubt improve your returns.
1. Business is not always a founder’s main problem
I coach founders and CEOs of startups, and more than half their main life challenges are not work related. They’re getting pulled in multiple directions — some have cancer, others are having an affair, a few are going through IVF, others still are dealing with past grief and traumas.
And when a problem is work related, it’s often a communication or psychological issue: How do I face my fear of failure? How do I lead a team of 50 for the first time? Should I trust my gut?
All this is happening in the midst of Series A raises, hiring and firing employees, acquisitions, and deciding whether to bridge or shut down the business. Imagine how much emotional energy and hours it takes for founders — or anyone, really — to face those intimate issues in isolation while putting on a brave face with investors or at board meetings.
One of the most recurring concerns founders share with me is that they feel alone.
VCs, when you choose to fund someone, you’re also marrying into their past, their family, their personal issues. The full package. Ask yourself — do you currently know the major distractions in the lives of all your portfolio founders? If you don’t, start with the assumption that something is going on in their life other than work and make coaching available to them at any time.
If you commit to helping founders manage their fears, limiting beliefs and blind spots, you’re committing to their potential as a company and industry leader. A healthy leadership is a healthy company.
2. Return on coaching (ROC)
As with elite soccer coaches, the benefits of business coaching are highly visible, without the million-dollar expense. Founders start to make better decisions the first time around. They hire the right talent, rather than hiring, onboarding and firing someone within a month.
They have more honest conversations with stakeholders, avoiding conflict and allowing more people to contribute meaningfully to the business’ growth. They have the proper mindset to fundraise, and their attitude matches the money they’re asking for.
That’s before getting to the physical improvements. My founders have lost weight, stopped smoking and drinking, and have more energy to build a business. If a founder works with chronic fatigue, which many are, it won’t be long before their body cracks. I get calls from clients caught in panic attacks before big meetings, struggling to steady their frayed nerves.
You can fund your founders’ well-being in a variety of ways. In the same way your firm might offer marketing or PR services to portfolio companies, coaching should be part of the package. Firms can make executive coaches available on retainer. You may choose to have a full-time resident coach, available whenever someone needs them.
At the very least, firms should make available a list of recommended coaches. Some coaches specialize in leadership coaching, female founders or health specifically, while others cover various personal and professional skills.
Investors will sometimes offer a handful of free sessions to their founders, but if they want to continue, they are then forced to decide between their personal health and the health of the business — which other people (including your firm) have staked millions of dollars on. It should never be a case of one or the other.
My hope is that in the future, VCs will set aside a percentage of their funds exclusively for mental wellness for founders and executives.
A few VCs have already taken a 1% pledge, but it’s the Europeans who are leading the charge here, with funds from Estonia to Ireland generously covering all founder coaching fees and other support programs. Those I know talk about how 10x growth is possible without burnout.
3. Cut through the stigma to enable founders to make the most of coaching
Founders are resistant to hiring a coach themselves because they’re worried about what their investors and board will think of them. They tell themselves: “If I were normal, and good enough, I wouldn’t need one.”
It’s not just their inner voice talking. When a client of mine joined a Silicon Valley startup, he asked his superiors if coaching could be part of his comp package. They wondered why he needed a coach.
In other industries, connecting someone with a coach is proof of their worth. That’s the conversation investors should be having: You’re good enough for us to give you money, so we’re going to give you someone to accompany you on your journey, so you don’t pretend you can figure it out at every step.
There’s also a negative connotation around the term “mental health” that we should be reframing. Those two words tend to make people think about depression, suicidal thoughts or addiction. Which is mental unhealth. Let’s talk more about mental wellness and founder well-being, which focuses us on the goal we’re working toward.
Eliminating the stigma can start with open conversations about well-being between investors and executives, as well as inviting a coach to talk to your founders about what these sessions entail, and why everyone has something to gain. By shattering the taboo, you’ll enable founders to make the absolute most of that experience, rather than hold back to keep up appearances.
If we start making coaching mainstream today, we might eventually see it as obligatory for all founders.
4. Lead by example
Finally, business leaders and investors need to set an example for the startup community, and especially people at the start of their journeys, that it’s OK to ask for assistance in bettering yourself.
Many VCs, like top CEOs, have coaches. If more simply owned it, they’d have so much power to normalize coaching, and even make #IHaveACoach fashionable. After all, we’re talking about the same industry that made meditation rooms trendy and kombucha an office feature.
Why not make coaching a central topic in future investor conferences, or, as a VC firm, publish a study on how portfolio founders who followed a coaching program saw greater business success?
For example: For years, Union Square Ventures has invested in providing value to their founders and has built a team whose responsibilities include developing leadership training, fostering mentorship circles and connecting founders to coaches. If you let founders see your commitment to human issues, it won’t occur to them that being human is being weak.
These approaches are also important self-promotion for VCs positioning themselves as the next generation of ethical investors. With so many alternative funding options becoming available, founders are seeking VCs who give them more than just capital and who see wellness and diversity and inclusion as inextricable from success.
Founder health and startup health can’t be separated from each other. On some level, all investors know this. So let’s give the people shaping tomorrow’s world the tools to be more comfortable in their own skin and more masterful in leading teams to achieve greatness and incredible returns.
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Dear Sophie: When can I finally come to Silicon Valley?
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 a startup founder looking to expand in the U.S. I was originally looking at opening an office in Silicon Valley to be close to software engineers and investors, but then … COVID-19 🙂
A lot has changed over the last year — can I still come?
— Hopeful in Hungary
Dear Hopeful:
How and where work is getting done in Silicon Valley (as well as in much of the world) shifted during the COVID-19 pandemic. That said, yes, it can still make business sense for many to join the Silicon Valley ecosystem.
According to a recent report from PitchBook, Silicon Valley will continue to be the center for VC investment and high-tech talent, even though several large tech companies relocated out of Silicon Valley and implemented full-time work-from-home policies — and many predicted that “the Bay Area tech scene as we know it would be lost, and VC would find a new home.”
Clearly, while the pandemic’s impact on the venture industry will be felt in years to come, VC will continue to be centered in Silicon Valley. In a recent episode of my podcast, I discussed work trends and how to use immigration to support company priorities as well as attract and retain talent in the United States.
The PitchBook report points out that Silicon Valley “has kept a tight hold on fundraising in the U.S., closing on commitments exceeding $151 billion over the past five years, more than the rest of the U.S. ecosystems combined. LPs have continued to funnel capital to area VCs because of the region’s track record of success, which includes 17 of the 22 U.S. companies to ever receive a private valuation of $10 billion or more.”
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
So while VCs will likely return to the old ways of networking and funding post-pandemic, we’ll see a hybrid of online and in-person meetings because there are so many benefits to in-person networking and exchanging ideas.
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How to recruit data scientists without paying top dollar
When it comes to building a data science team, many companies fail at the first step — creating a job posting. These mistakes have been amplified in the age of COVID-19.
The increasing demand for AI and data science experts, driven in part by the pandemic’s economic impact, is showing no sign of abating. Many employers are failing to identify viable job candidates, much less interviewing or hiring them.
What’s the biggest obstacle holding them back? In our experience, it is often a poorly drafted job posting. And with the pandemic completely stopping all in-person recruiting events, hiring success hinges on an effective job rec. Previously tolerable mistakes are now fatal.
At The Data Incubator, a data science training and placement firm, we’ve helped hundreds of companies successfully hire data science teams. Honestly, it pains me to see amazing companies undersell themselves in this area.
When it comes to building a data science team, many companies fail at the first step — creating a job posting.
Companies inevitably gravitate toward the same generic buzzwords, promoting themselves as “cutting edge,” “creative,” “collaborative,” “data driven,” “passionate” or “insightful” (just peruse Indeed for examples of these lackluster postings). Or they delve into industry jargon, which may be lost on candidates who are not familiar with the industry.
To streamline the writing process, we recommend that clients break down their competitive advantage into three buckets: compensation, mission and tech. Only by understanding where their strength lies can they successfully market their job openings.
Compensation
Compensation is an important component of making a position competitive. Managers certainly need to fight to ensure their remuneration range is appropriate for their data science roles. However, budget constraints are difficult to overcome, especially given the ability of tech and finance to pay top dollar for these sought-after skills. How to combat this when you don’t have the same budget? Consider listing compensation in job ads.
If you’re one of (the majority of) employers who cannot afford to compete on salary, this will help job seekers understand what to expect. Neither you, nor a potential candidate, wants to spend hours interviewing just to discover that it would have never worked out because of compensation. Save yourself the time and frustration by listing remuneration upfront.
What if you are one of the few employers able to pay major-league salaries? Congratulations, but don’t throw away your hard-won budget! Companies develop reputations for compensation. Unless you are one of the select firms with a reputation for paying top dollar, you will need to signal that to top talent. Otherwise, strong candidates may assume the remuneration is low and not apply, defeating the purpose of paying a high salary in the first place.
Obviously, listing salaries is controversial and there are plenty of reasons why employers are weary of listing salary ranges. However, a recent survey by SHRM found that 70% of professionals want to hear about salary upfront and Glassdoor.com reports that salary is the No. 1 consideration for 67% of job seekers. With all these benefits, employers should seriously consider being more upfront and transparent about what they are able to pay, if only to save themselves time and frustration.
Mission
In the COVID-19 workplace, employees are finding themselves increasingly isolated. With work from home poised to stay even after the virus has dissipated, the risk of isolation will continue. Companies need to double down on articulating their mission and galvanizing employees around that. This doesn’t just start with employment but the very first step of the hiring process: the job posting. Emphasizing mission in the job posting will attract employees.
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Dear Sophie: What type of visa should we get to fundraise in Silicon Valley?
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:
A friend and I founded a tech startup last year. Like a lot of other startups, we’re looking for funding. Should we come to Silicon Valley to meet with venture capitalists?
How should we begin that process? What type of visa should we get and how easy is it to get?
—Logical in Lagos
Dear Logical:
Thanks for reaching out to me from the entrepreneurial hotspot of Lagos!
In a recent episode of my podcast, I spoke with Esther Tricoche, director of investments at Kapor Capital, who offered up many words of wisdom to founders. She also mentioned that in many emerging entrepreneurial markets, including Lagos, accelerator funding and Series A funding are relatively easy to find, but pre-seed and seed funding are not.
Getting yourselves and your startup in front of Silicon Valley investors that focus on pre-seed and seed funding will be important to rapidly scale. Esther mentioned that even in U.S. cities, such as Atlanta, that are entrepreneurial hotspots, investment dollars are not as plentiful as they are in Silicon Valley. Moreover, investors outside of Silicon Valley tend to be more risk-averse.
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
So, yes, you should meet with Silicon Valley investors, but be aware that most U.S. embassies and consulates remain closed to routine visa and green card processing due to the ongoing pandemic. Given that, you can start requesting virtual meetings now; and you will have to wait until the U.S. consulate in Lagos comes back to full capacity to apply for a visa to come to the U.S. I like checking for visa availability through the Waypoint Embassy and Consulate Directory (full disclosure: I am an advisor to Waypoint).
As always, I recommend that you consult an experienced immigration attorney when you’re ready to take the step of actually applying for a visa.
Once U.S. consular offices reopen, if you aren’t eligible for ESTA, you can apply for a B-1 visitor visa for business. With a B-1 visa, you can request an initial stay of up to six months. This is a great status for business meetings such as to talk to prospective investors, negotiate contracts and incorporate a new business. However, you can’t work in the U.S. You must be aware that no hands-on work for pay (or even the chance of future remuneration) by a U.S. entity is allowed.
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Passive collaboration is essential to remote work’s long-term success
In 1998, Sun Microsystems piloted its “Open Work” program, letting roughly half of their workforce work flexibly from wherever they wanted. The project required new hardware, software and telecommunications solutions, and took about 24 months to implement.
Results were very positive, with a reduction in costs and the company’s carbon footprint. Despite this outcome, long-term remote work never really caught on more broadly. In fact, the 2010s were focused on going the other direction, as open offices, on-site perks and coworking spaces sprung up around the idea that in-person community is an essential component of innovation.
In 2020, companies of all sizes, in all corners of the world, were forced to shift to remote work with the onset of COVID-19. While some companies were better positioned than others — whether it be due to a previously distributed workforce, a reliance on cloud apps and services, or already-established flexible work policies — the adjustment to a fully remote workforce has been challenging for everyone. The truth is that even the largest companies have had to rely on the heroics of employees making sacrifices and persevering through numerous challenges to get through this time.
The best engineering work isn’t done in isolation, but in collaboration, as teams discuss, wrangle and brainstorm through problems.
Technology like high-quality video conferencing and the cloud have been integral in making remote work possible. But we don’t yet have a complete substitute for in-person work because we continue to lack tooling in one critical area: passive collaboration. While active collaboration (which is the lion’s share) can happen over virtual meetings and emails, we haven’t fully solved for enabling the types of serendipitous conversations and chance connections that often power our biggest innovations and serve as the cornerstone of passive collaboration.
Active versus passive collaboration
Those outside of the tech industry may think that software engineers only need a computer and a secure internet connection to do their work. But the stereotype of the lone engineer coding away in solitude has long been shattered. The best engineering work isn’t done in isolation, but in collaboration, as teams discuss, wrangle and brainstorm through problems. Video conference platforms and chat applications help us collaborate actively, and tools like Microsoft Visual Studio Code and Google Docs allow for dedicated asynchronous collaboration, too.
But what we currently lack are the moments of spontaneous engagement that energize us and invite new ideas that otherwise wouldn’t have been part of the conversation. The long-term impact of not having access to this has not yet been measured, but it’s my belief that it will have a negative effect on innovation because passive collaboration plays such a critical role in fostering creativity.
The whiteboard
The best way to think about the differences between passive and active collaboration is to look at a whiteboard. Someone recently asked me, “What is it with people in tech and whiteboards? Why are they such a big deal?” Whiteboards are simple and “low-tech,” yet have become quintessential in our industry. That’s because they represent a source of multimodal collaboration for engineers. Let’s think back to before COVID. How many times have you walked by (or been a part of) a scrum meeting of engineers huddled around a whiteboard?
Have you ever stopped by because you overheard a snippet of a conversation and wanted to learn more or share your perspective? Or maybe something on a whiteboard caught your eye and caused you to start a conversation with another colleague, leading to a breakthrough. These are all moments of passive collaboration, which whiteboards so excellently enable (in addition to being a tool for real-time, active collaboration). They’re low-friction ways to invite new ideas and perspectives to the conversation that otherwise wouldn’t have been considered.
While whiteboards are one mode of facilitating passive collaboration, they aren’t the only option. Serendipitous meetings in the break room, overhearing a conversation from the next cubicle over, or spotting someone across the room who’s free for a quick gut check are also examples of passive collaboration. These interactions are a critical piece of how we work together and the hardest to recreate in a world of remote work. Just as silos in the development process are detrimental to software quality, so too is a lack of passive collaboration.
We need tools that will help us peek over at what other people are working on without the pressure of a dedicated meeting time or update email. The free and open exchange of ideas is a birthplace for innovation, but we haven’t yet figured out how to create a good virtual space for this.
Looking forward
The future of work is one in which teams are more distributed than ever before, meaning we need new tools for passive collaboration not just for this year, but for the future, too. Our own internal survey results tell us that while some employees prefer the option to be fully remote once the pandemic is behind us, the majority want a more flexible solution in the future.
Crucially, the answer is not to create more meetings or email threads, but instead to reimagine virtual spaces that can function like the classic whiteboard and other serendipitous modes of collaboration. As we all still look for ways to solve this challenge, we at LinkedIn have been thinking about how to encourage cross-team conversations and open Q&As to share resources, as a start.
For decades, the tech industry has paved the way for innovations in employee experience, creating spaces and benefits that reduced friction in collaboration and productivity. Now, as we look ahead to a hybrid work world, we must find new ways to continue supporting employee productivity and creativity. It’s only when we’re able to fully realize passive collaboration virtually that we’ll have unlocked the full potential of remote and hybrid work situations.
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