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Dear Sophie: What are the pros and cons of the H-1B, O-1A and EB-1A?

Published March 10, 2021
Sophie Alcorn
Contributor

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.
More posts by this contributor

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 an entrepreneur who wants to expand my startup to the U.S. What are the benefits and drawbacks of various types of visas and green cards?

The ones I’ve heard the most about are the H-1B, O-1 and EB-1A.

— Intelligent in India

Dear Intelligent:

I’m happy to hear you’re considering the O-1A extraordinary ability visa and the EB-1A extraordinary green card! Individuals often assume they need to have won a Nobel Prize or some other major award or be well known in their field to qualify for either the O-1A or the EB-1A — and that’s simply not the case.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

“Particularly for folks from Asia, being a self-promoter is massively looked down upon. Humility is important,” says Navroop Sahdev, a pioneering economist and blockchain expert I recently interviewed for my podcast. Sahdev is founder and CEO of The Digital Economist, a Connection Science Fellow at Massachusetts Institute of Technology and a partner at NextGen Venture Partners.

She spoke with me about her immigration journey to the United States, which included two H-1B visas, an O-1A visa and an EB-1A green card.

Here are the pros and cons of each visa and green card that you listed.

H-1B visa

Overall, the requirements for the H-1B specialty occupation visa are not as stringent as those for the O-1A visa and the EB-1A green card, which is why many employers sponsor international students who are on an F-1 visa and recently graduated or on OPT (Optional Practical Training) or STEM OPT for an H-1B.

Because demand for the H-1B far exceeds the annual supply of 85,000, U.S. Citizenship and Immigration Services (USCIS) holds a random lottery to determine who can apply for an H-1B. (That random lottery is slated to switch to a wage-based selection process next year.)

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Inside Workvivo’s plans to take on Microsoft in the employee experience space

Published March 4, 2021

Maintaining company culture when the majority of staff is working remotely is a challenge for every organization — big and small.

This was an issue, even before COVID. But it’s become an even bigger problem with so many employees working from home. Employers have to be careful that workers don’t feel disconnected and isolated from the rest of the company and that morale stays high.

Enter Workvivo, a Cork, Ireland-based employee experience startup that is backed by Zoom founder Eric Yuan and Tiger Global that has steadily grown over 200% over the past year.

The company works with organizations ranging in size from 100 employees to over 100,000 and boasts more than 500,000 users. According to CEO and co-founder John Goulding, it’s had 100% retention since it launched. Customers include Telus International, Kentech, A+E Networks and Seneca Gaming Corp., among others.

Founded by Goulding and Joe Lennon in 2017, Workvivo launched its employee communication platform in mid-2018 with the goal of helping companies create “an engaging virtual workplace” and replace the outdated intranet.

“We’re not about real time, we’re more asynchronous communication,” Goulding explained. “We have a lot of transactional tools, and typically carry the bigger message about what’s going on in a company and what positive things are happening. We’re more focused on human connection.”

Using Workvivo, companies can provide information like CEO updates, recognition for employees via a social style — “more things that shape the culture so workers can get a real sense of what’s happening in an organization.” It launched podcasts in the second quarter and livestreaming in Q4.

Workvivo, a platform for employee culture, raises a $16M Series A from Tiger Global

In 2019, Workvivo showed its product to Zoom’s Yuan, who ended up becoming one of the company’s first investors. Then in May of 2020, the company raised $16 million in a Series A funding led by Tiger Global, which is best known for large growth-oriented rounds.

Workvivo, which was built out long before the COVID-19 pandemic, found itself in an opportune place last year. And demand for its offering has reflected that. 

“Since COVID hit, growth has accelerated,” Goulding told TechCrunch. “We grew three times in size over where we were before the pandemic started, in terms of revenue, users, customers and employees.”

The SaaS operator’s deals range from $50,000 to close to $1 million a year, he said. Workvivo is Europe-based and operates in 82 countries. But the majority of its customers are located in the U.S. with 80% of its growth coming from the country.

The startup opened an office in San Francisco in early 2020, which it is expanding. Thirty percent of its 65-person team is currently U.S.-based, with some working remotely from other states.

While Workvivo would not reveal hard revenue figures, Goulding only said it’s not seeking additional funding anytime soon considering the company is “in a very strong capital position.”

To tackle the same problem, Microsoft last month launched Viva, its new “employee experience platform,” or, in non-marketing terms, its new take on the intranet sites most large companies tend to offer their employees. With the move, Microsoft is taking on the likes of Facebook’s Workplace platform and Jive in addition to Workvivo.

Despite the increasingly crowded space, Workvivo believes it has an advantage over competitors in that it integrates well with Slack and Zoom.

Microsoft launches Viva, its new take on the old intranet

“We’re sitting alongside Slack and Zoom in the ecosystem,” Goulding said. “There’s Zoom, Slack and us.”

Slack is real-time messaging and what’s happening in the immediate future, and Zoom is real-time video and “about the moment,” he said.

To Goulding, Microsoft’s new offering is unproven yet and a reactionary move.

“It’s obvious there’s a battle to be won for the center of the digital workplace,” he said. “We’re here to capture the heartbeat of an organization, not pulses.”

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Dear Sophie: Can you demystify the H-1B process and E-3 premium processing?

Published March 3, 2021
Sophie Alcorn
Contributor

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.
More posts by this contributor

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:

Our startup is planning on registering an international student employee in this year’s H-1B lottery. This will be our first H-1B.

Can you help demystify the H-1B process and provide any tips? We also want to hire an Australian and transfer their E-3. How quickly can this be done?

— Plucky in Pleasanton

Dear Plucky:

Thanks for your timely questions! There’s some great news for Australian citizens currently in the U.S. and looking for job transfers, amendments and extensions. Premium processing is now available for the E-3 working visa category! This means that transfers, changes of status, and extensions of status for Australians in the U.S. seeking an E-3 can now obtain adjudications from USCIS in as little as 15 days, making it much easier to hire an Australian who is currently in the U.S. for a new role. Go for it!

On the topic of H-1Bs, the registration period for this year’s H-1B lottery will open at 9 a.m. PST on March 9 and will close at 9 a.m. on March 25. Startups need to make sure they’re registering anybody they want to sponsor during this window. Take a listen to my recent podcast on H-1B Lottery Planning, Part 1 and Part 2, for a general explanation of how this year’s process will work and how best to prepare.

Planning is key for implementing a successful immigration strategy. As always, I suggest you consult with an experienced immigration attorney ASAP to help get organized for registering your H-1B candidate for the March lottery and doing as much prep work as possible so that you can put together a strong H-1B petition in the event your candidate is selected in the lottery.

An attorney will also be up to date on all the recent changes to immigration policy, such as USCIS rescinding a Trump-era policy that went into effect in 2017 that effectively made computer programming positions ineligible for an H-1B visa. You will also want to discuss backup options for the international student employee if they are not selected in this year’s lottery.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

Registration and lottery process

Recently, U.S. Citizenship and Immigration Services (USCIS) announced it will delay until next year the plan to shift from a random H-1B lottery to a wage-based one that would have selected registrants who would be paid the highest wage for their position and location. In January, the previous administration had finalized the rule implementing the wage-based lottery. The latest announcement ended weeks of speculation whether USCIS under the Biden administration would retain a wage-based H-1B allocation process, which falls in line with President Biden’s presidential campaign platform.

The random H-1B lottery in March means that H-1B candidates with the same education level who will be paid more will have no greater advantage than those being paid less. However, next year that may not be the case.

Regardless of whether there’s a random or wage-based lottery, individuals with a master’s or higher degree from a U.S. university will continue to have the best chance of being selected in the H-1B lottery. The annual cap on H-1Bs remains at 85,000 and of those, 20,000 H-1Bs are reserved for individuals with a master’s degree or higher from a U.S. university. USCIS randomly selects enough registered candidates from the entire pool of registrants to reach the 65,000 regular H-1B cap first. Then it randomly selects another 20,000 registered candidates holding a U.S. master’s degree or higher, in what is called the advanced-degree cap exemption. Therefore, individuals with a U.S. advanced degree have two chances to be selected. To be eligible, your international student employee must have earned their advanced degree from an eligible and accredited U.S. institution by the time the H-1B petition is filed.

After the online registration period closes on March 25, USCIS will conduct a random computerized selection of registrations and will notify those selected by March 31. A completed H-1B petition must be filed within 90 days of being notified that the H-1B candidate was selected in the lottery, which means the filing deadline will be June 30.

In order to register your candidate for the H-1B lottery, your company will need to set up an online USCIS account if it does not already have one. This can be done at any time between now and the end of the registration period. Your attorney can help you with this and the online registration process.

For the online registration process, your company will have to provide the following information:

  • Full legal name of the candidate.
  • Gender.
  • Date of birth.
  • Country of birth.
  • Country of citizenship.
  • Passport number.
  • If the candidate is eligible for inclusion in the U.S. advanced-degree cap.

In addition, your company will have to pay the $10 registration fee, which can be submitted by entering a credit card, debit card, checking or savings account directly into the H-1B registration portal.

Tips for preparing

Generally, your startup and your H-1B candidate should start assembling documents you will need to submit. Your startup will need to get its tax identification number verified by the U.S. Department of Labor to prove that your startup is capable of sponsoring an individual for an H-1B. This needs to be done before your company can submit a Labor Condition Application (LCA), which is also sent to the Labor Department. An approved LCA must be submitted with your H-1B petition to USCIS. In addition to your startup’s tax ID, it will need the following:

  • If your startup formed recently, articles of incorporation, pitch deck, business plan, term sheet, cap tables.
  • Documentation showing your company can pay the prevailing wage for the H-1B candidate’s position and location: bank statements, tax returns, other financial documents.
  • Documents to prove your company is operating within the normal course of business, including marketing materials, company reports, screenshots of the company website.
  • Job offer letter to the H-1B candidate, including job title, detailed duties, benefits, salary and start date.
  • Minimum requirements for the position.

Your H-1B candidate will need:

  • An up-to-date resume.
  • Originals of diplomas, certificates, and transcripts (also scanned copies).
  • Past immigration documents, such as Form I-20 (certificate of eligibility for F-1 student status) or Form DS-2019 (certificate of eligibility for J-1 status.
  • Translations of any documents not in English along with a certified translation document.

For tips for filing the H-1B petition, listen to my podcast episodes on “Your Startup’s First H-1B” and “What Makes a Strong H-1B Petition.” Your attorney will be able to make the case that your H-1B candidate and the position your startup is offering meet the requirements of the H-1B specialty occupation visa.

As of now, premium processing for H-1B petitions remains available. Currently, USCIS is severely backlogged in all case types, so I often suggest using it, depending on the H-1B candidate’s start date and current geographic location. With premium processing, which is an optional service for a $2,500 fee, USCIS guarantees it will make a decision on a case within 15 days. If USCIS approves your H-1B petition, the earliest the international student employee can begin working under the H-1B visa is Oct. 1, 2022, which is the first day of the federal government’s new fiscal year.

Fingers crossed for you in this year’s H-1B lottery

All the best,

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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At TC Early Stage, we’ll cover topics like recruiting, sales, legal, PR, marketing and brand building. Each session includes ample time for audience questions and discussion.

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Create a handbook and integrate AI to onboard remote employees

Published March 2, 2021
Chris Buttenham
Contributor

Chris Buttenham is the CEO and co-founder of Obie, a knowledge base software and support accelerator.

The pandemic has forced organizations across the globe to shutter the office environment, and take up a remote-first strategy. Through necessity, professionals have adapted to remote working. But the systems they use are still playing catch up.

One area less readily accommodating to the remote environment is the onboarding process. Given that it is the first sustained contact that a new starter has with a company,  a remote-first strategy is dependent on its success. When looking to onboard new employees, the luxuries of first-day meet and greets, in-person hardware setup, and a team lunch are no longer available. From interview to offer-letter and beyond, any new hire’s early journey is critical to their life at the company, their job satisfaction and ultimately their productivity. The remote induction must be a smooth process, and so needs a thorough rethink.

A cultural shift in the company may be necessary. Organizations need to embrace knowledge-sharing and collaboration, by turning to a “handbook first” approach. A few simple steps can lead them there. Companies also need to analyze their workflow. Are the right systems in place to ensure the seamless flow of both tacit and explicit knowledge?

Perhaps most importantly, artificial intelligence can help transform a clunky old onboarding process into a sophisticated, smooth journey. Naturally the best AI models to use will depend on the business, and department in question. However, with a few pointers business leaders can carve out a path to AI integration.

Let’s dive into the specifics that can transform the remote onboarding process, for the benefit of both the company and the new starter in question.

How to handbook

This is arguably the most important piece of the puzzle when it comes to ensuring newcomers are able to access the right information at the right time; it’s also the most difficult to get right. It is for workers at all levels of an organization to think about how knowledge is shared between teams, and the processes which surround that interchange of ideas.

What is most important is that everyone in an organization prioritizes documentation; exactly how they do it is secondary. You can spin up plenty of free and paid softwares to start creating a handbook. Anything cloud based is suitable, with more sophisticated paid options recommended to keep things easily searchable with documentation sorted into well defined hierarchies, rather than losing those nuggets of information in a sea of folders.

However, this systemic challenge is best addressed from top down. The process should include some checks and balances, with permissioning crucial for parts of the handbook which should remain static, like policies and SLPs. Other parts of the documentation should be kept flexible, like processes and team level knowledge. The majority of the handbook must be democratized as far as possible.

Gitlab, an all-remote company, first coined the term “handbook-first.” The DevOps software provider acts as a great example of a company that lives and breathes through documenting and codifying internal knowledge. Everyone within the organization buys into the mantra of documenting what they know, with subject matter experts assigned to manage knowledge base content. Keeping company documentation up to date is a collaborative task, considered paramount to the company’s livelihood. Softwares give a helping hand, nudging contributors to keep information up to date.

Darren Murph, Head of Remote at GitLab, says that their documentation strategy, twinned with a cooperative approach, helps to build trust with new starters. “When everything a new hire needs to know is written down, there’s no ambiguity or wondering if something is missing. We couple documentation with an Onboarding Buddy – a partner who is responsible for directing key stakeholder conversations and ensuring that acclimation goes well.”

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Dear Sophie: Which immigration options are the fastest?

Published February 24, 2021
Sophie Alcorn
Contributor

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.
More posts by this contributor

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:

Help! Our startup needs to hire 50 engineers in artificial intelligence and related fields ASAP. Which visa and green card options are the quickest to get for top immigrant engineers?

 And will Biden’s new immigration bill help us?

— Mesmerized in Menlo Park

Dear Mesmerized,

I’m getting this question quite frequently now as more and more startups with recent funding rounds are looking to quickly expand. In the latest episode of my podcast, I discuss some of the quickest visa categories for startups to consider when they need to add talent quickly.

As always, I suggest consulting with an experienced immigration lawyer who can help you quickly strategize and implement an efficient and cost-effective hiring and immigration plan. An immigration lawyer will also be up to date on any immigration policy changes and plans in the event that the Biden administration’s U.S. Citizenship Act of 2021 passes. It was introduced in the House and Senate this month.

That proposed legislation would enable more international talent to come to the U.S. for jobs and clear employment-based visa backlogs, among other things. Given the legislation’s substantial benefits offered to employers, I encourage your startup — and other companies — to let congressional representatives know you support it.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

Given that most U.S. embassies and consulates remain at limited capacity for routine visa and green card processing due to the pandemic, it is generally quicker to hire American and international workers who are already in the U.S. Although U.S. Citizenship and Immigration Services (USCIS) is experiencing substantial delays in processing cases due to the coronavirus, as well as an increase in applications, Premium Processing is currently available for most employment-based petitions. We are still able to support many folks with U.S. visa appointment scheduling at consulates abroad using various national interest strategies.

With all of that in mind, here are the visa categories that offer the quickest way to hire international talent.

H-1B transfers

Hiring individuals by transferring their H-1B to your startup can be completed in a couple of months with premium processing. Premium processing is an optional service that for a fee guarantees USCIS will process the petition within 15 calendar days.

What’s more, H-1B transferees can start working for your startup even before USCIS has issued a receipt notice or made a decision in the case. You just need to make sure that USCIS received the petition, which is why I always recommend sending all packages to USCIS with tracking.

Premium processing can help to get a digital receipt as the paper receipts are often backlogged. I stopped suggesting this route during the Trump administration, but am feeling more comfortable providing it as an option under the Biden administration. The H-1B is the only type of visa that allows somebody to start working upon the filing of a transfer application.

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Why I felt fine about not disclosing my pregnancy to investors

Published February 22, 2021
Kathy Hannun
Contributor

Kathy Hannun is president and co-founder of Dandelion Energy. Prior to Dandelion, Kathy worked at X, Google Alphabet’s innovation lab. In May 2017, Kathy launched Dandelion as an independent startup. She graduated from Stanford with a B.S. in Civil Engineering and M.S. in Computer Science.

I closed two major rounds of funding for my geothermal energy startup, Dandelion Energy, while pregnant. I did not disclose either pregnancy to my investors during the fundraising process either time. I felt fine doing this, and I believe other founders should feel free to keep their pregnancies private as well if they’d prefer to.

No one would think twice about a male founder who declined to share the details of his health or family status with investors during an initial fundraising meeting. On the contrary, it would be an unusual move for him to do so.

For some context, my co-founder and I spun our startup, Dandelion Energy, out of Alphabet’s X in April 2017 and raised our first small round of outside funding that summer. Our goal was to set up a commercial pilot and start selling and installing heat pumps to demonstrate that our product worked and show that there was demand for affordable geothermal before we raised a larger round. We had to prove that our business was viable.

No one would think twice about a male founder who declined to share the details of his health or family status with investors during an initial fundraising meeting.

That same summer, in 2017, I became pregnant.

Round one

As summer turned to fall, I had to figure out how to approach being pregnant while raising Dandelion’s second round of funding. I was lucky to be able to choose whether to tell people I was pregnant because it turned out I didn’t end up looking visibly pregnant until about seven months in, and even then I could dress to make it nonobvious. Without knowing anyone who’d gone through a similar experience, I had to decide how I would handle my status as a pregnant person when speaking with investors.

At first, it worried me that I would be hiding something if I didn’t disclose my pregnancy. But I really didn’t want to. I was a first-time entrepreneur with no real track record. Oh yeah, and I was a woman. And almost all of the investors were men who typically funded men.

Especially early on in a startup’s life, these investors are judging the founder as much as the business. Making an impression is key, and “pregnant” didn’t strike me as accretive in any way to my ability to deliver the type of impression that would lead to investment in my business (I hope this changes over time, but I am being honest about how things seemed to me).

And then there was this: Even if I had decided to tell investors I was expecting, how could I broach the topic in a way that wouldn’t threaten to derail the entire tenor of the meeting? I was meeting most of these people for the first time and had a limited amount of time to spend explaining payback periods and vapor compression refrigeration cycles. It seemed like the best-case scenario was if disclosing pregnancy made the meeting no worse than it would otherwise have been. In no world could I imagine it would be a net positive.

Given all of this, I made the decision to not talk about it. It worked out for me. As soon as I started showing, around seven months in, everyone left their offices for the holidays, and so I was never forced to address what was becoming visibly obvious.

But of course there was a downside to my approach. I would have to tell them eventually, and I’d pushed it off so long that by the time I finally got around to it we basically had to have a conversation like this:

Me: “Some happy news to share: I’m pregnant!”

Investors: “Congratulations! We are so thrilled for you! When’s the due date?”

Me: “Ahhh … Next month.”

Happily, all of them were extremely supportive and gracious when I told them. Their uncomplicated and positive acceptance of the news even made me wonder if all my internal wrangling about whether to tell investors had been unnecessary. I gave birth to my daughter literally one day after the money was wired.

Round two

Time passed and it became clear we were ready to raise our next round of funding. Also, I become pregnant again. This time, most of the fundraising happened in the early stages of my pregnancy. Early enough that I hadn’t even really told my friends, so it was obvious to me I wouldn’t be telling investors I was just meeting. After having gone through it once before, it was an easier decision the second time around.

Looking back

Reflecting on my experience, I do think it helped that I got to know my investors throughout the fundraising process, so by the time I told them I was pregnant, they already knew me and I had already established my credibility as an entrepreneur. Being pregnant was just something going on in my life; it didn’t define who I was to them. That is one advantage of introducing it later: It did not define me because they knew so much else about me by that point.

In many ways, I am a stereotypical founder: I have a CS degree from Stanford, I worked as a PM at Google, I have an engineering background. I have many advantages. Yet, more present in my mind during fundraising were the parts of my identity that seemed atypical, and the primary aspect here was my being a woman.

Because there is so much conversation about how women receive so much less investment, I was worried that being a woman would be a disadvantage, and there’s nothing like being pregnant to highlight in the strongest possible way that you’re a woman.

I now feel lucky to know other founders who have raised money while visibly pregnant, and so I’ve seen firsthand that it’s possible. But it is not something that a pregnant founder should feel obligated to disclose. I hope that it becomes common for women to start businesses and raise capital for those businesses in every stage of their lives, including when they’re pregnant.

Because as soon as the pregnant woman and the guy with the hoodie both seem equally probable as startup founders, it will suddenly matter much less whether to talk about your pregnancy.

Startup fundraising is the most tangible gender gap. How can we overcome it?

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SESO Labor is providing a way for migrant farmworkers to get legally protected work status in the US

Published February 18, 2021

As the Biden administration works to bring legislation to Congress to address the endemic problem of immigration reform in America, on the other side of the nation a small California startup called SESO Labor has raised $4.5 million to ensure that farms can have access to legal migrant labor.

SESO’s founder Mike Guirguis raised the round over the summer from investors including Founders Fund and NFX. Pete Flint, a founder of Trulia, joined the company’s board. The company has 12 farms it’s working with and is negotiating contracts with another 46. The company’s other co-founder, Jordan Taylor, was the first product hire at Farmer’s Business Network and previously of Dropbox.

Working within the existing regulatory framework that has existed since 1986, SESO has created a service that streamlines and manages the process of getting H-2A visas, which allow migrant agricultural workers to reside temporarily in the U.S. with legal protections.

At this point, SESO is automating the visa process, getting the paperwork in place for workers and smoothing the application process. The company charges about $1,000 per worker, but eventually as it begins offering more services to workers themselves, Guirguis envisions several robust lines of revenue. Eventually, the company would like to offer integrated services for both farm owners and farm workers, Guirguis said.

SESO is currently expecting to bring in 1,000 workers over the course of 2021 and the company is, as of now, pre-revenue. The largest industry player handling worker visas today currently brings in 6,000 workers per year, so the competition, for SESO, is market share, Guirguis said.

America’s complicated history of immigration and agricultural labor

The H-2A program was set up to allow agricultural employers who anticipate shortages of domestic workers to bring to the U.S. non-immigrant foreign workers to work on farms temporarily or seasonally. The workers are covered by U.S. wage laws, workers’ compensation and other standards, including access to healthcare under the Affordable Care Act.

Employers who use the visa program to hire workers are required to pay inbound and outbound transportation, provide free or rental housing and provide meals for workers (they’re allowed to deduct the costs from salaries).

H-2 visas were first created in 1952 as part of the Immigration and Nationality Act, which reinforced the national origins quota system that restricted immigration primarily to Northern Europe, but opened America’s borders to Asian immigrants for the first time since immigration laws were first codified in 1924. While immigration regulations were further opened in the sixties, the last major immigration reform package in 1986 served to restrict immigration and made it illegal for businesses to hire undocumented workers. It also created the H-2A visas as a way for farms to hire migrant workers without incurring the penalties associated with using illegal labor.

For some migrant workers, the H-2A visa represents a golden ticket, according to Guirguis, an honors graduate of Stanford who wrote his graduate thesis on labor policy.

“We are providing a staffing solution for farms and agribusiness and we want to be Gusto for agriculture and upsell farms on a comprehensive human resources solution,” says Guirguis of the company’s ultimate mission, referencing payroll provider Gusto.

As Guirguis notes, most workers in agriculture are undocumented. “These are people who have been taken advantage of [and] the H-2A is a visa to bring workers in legally. We’re able to help employers maintain workforce [and] we’re building software to help farmers maintain the farms.”

Opening borders even as they remain closed

Farms need the help, if the latest numbers on labor shortages are believable, but it’s not necessarily a lack of H-2A visas that’s to blame, according to an article in Reuters.

In fact, the number of H-2A visas granted for agriculture equipment operators rose to 10,798 from October through March, according to the Reuters report. That’s up 49% from a year ago, according to data from the U.S. Department of Labor cited by Reuters.

Instead of an inability to acquire the H-2A visa, it was an inability to travel to the U.S. that’s been causing problems. Tighter border controls, the persistent global pandemic and travel restrictions that were imposed to combat it have all played a role in keeping migrant workers in their home countries.

Still, Guirguis believes that with the right tools, more farms would be willing to use the H-2A visa, cutting down on illegal immigration and boosting the available labor pool for the tough farm jobs that American workers don’t seem to want.

Photo by Brent Stirton/Getty Images.

David Misener, the owner of an Oklahoma-based harvesting company called Green Acres Enterprises, is one employer who has struggled to find suitable replacements for the migrant workers he typically hires.

“They could not fathom doing it and making it work,” Misener told Reuters, speaking about the American workers he’d tried to hire.

“With H-2A, migrant workers make 10 times more than they would get paid at home,” said Guirguis. “They’re taking home the equivalent of $40 an hour. The H-2A is coveted.”

Guirguis thinks that with the right incentives and an easier onramp for farmers to manage the application and approval process, the number of employers that use H-2A visas could grow to be 30% to 50% of the farm workforce in the country. That means growing the number of potential jobs from 300,000 to 1.5 million for migrants who would be under many of the same legal protections that citizens enjoy while they’re working on the visa.

Protecting agricultural workers through better paperwork

Interest in the farm labor nexus and issues surrounding it came to the first-time founder through Guirguis’ experience helping his cousin start her own farm. Spending several weekends a month helping her grow the farm with her husband, Guirguis heard his stories about coming to the U.S. as an undocumented worker.

Employers using the program avoid the liability associated with being caught employing illegal labor, something that crackdowns under the Trump administration made more common.

Still, it’s hard to deny the program’s roots in the darker past of America’s immigration policy. And some immigration advocates argue that the H-2A system suffers from the same kinds of structural problems that plague the corollary H-1B visas for tech workers.

“The H-2A visa is a short-term temporary visa program that employers use to import workers into the agricultural fields … It’s part of a very antiquated immigration system that needs to change. The 11.5 million people who are here need to be given citizenship,” said Saket Soni, the founder of an organization called Resilience Force, which advocates for immigrant labor. “And then workers who come from other countries, if we need them, they have to be able to stay … H-2A workers don’t have a pathway to citizenship. Workers come to us afraid of blowing the whistle on labor issues. As much as the H-2A is a welcome gift for a worker it can also be abused.”

Gusto is expanding from payroll into a full suite financial wellness platform

Soni said the precarity of a worker’s situation — and their dependence on a single employer for their ability to remain in the country legally — means they are less likely to speak up about problems at work, since there’s nowhere for them to go if they are fired.

“We are big proponents that if you need people’s labor you have to welcome them as human beings,” Soni said. “Where there’s a labor shortage as people come, they should be allowed to stay … H-2A is an example of an outdated immigration tool.”

Guirguis clearly disagrees and said a platform like SESO’s will ultimately create more conveniences and better services for the workers who come in on these visas.

“We’re trying to put more money in the hands of these workers at the end of the day,” he said. “We’re going to be setting up remittance and banking services. Everything we do should be mutually beneficial for the employer and the worker who is trying to get into this program and know that they’re not getting taken advantage of.”

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Uber vet raises $5.2M for blue-collar logistics marketplace

Published February 16, 2021

After working as a general manager for Uber in Nevada, Jason Radisson realized the need for a way to connect blue-collar workers to companies looking to employ them.

So in late 2018, the idea for Shift One — a marketplace aimed at pairing workers and employers — was born. The startup is focused on last-mile logistics and delivery, e-commerce fulfillment and large-scale event management.

Since formally launching in 2019, Shift One has grown to have 25,000 workers on its platform — many of whom it says were unemployed at the time of hire. And it has about 50 clients in the U.S. and Colombia, including Amazon, NASCAR, Weee!, Mensajeros Urbanos and the Consumer Electronics Show (CES).

It matches employers with workers, and also helps them with tasks such as time, taxes, attendance, productivity and work-order management.

To help it grow and further expand its reach, Shift One just raised a $5.2 million seed round led by City Light Capital and Tinder co-founder Justin Mateen’s JAM fund, with participation from K50 Ventures, Ventura Investments and Human Ventures, as well as angel Felipe Villamarin.

On the operations side, all of Shift One’s original team either worked for Uber or Lyft, according to founder and CEO Radisson. The early technical team were all previously Uber employees.

Radisson says the impetus behind starting the company was the desire “to correct and improve some of the things in Gig 1.0.”

“We wanted it to be more balanced for workers, and break some negative flywheels where people were cycling through a lot of logistics jobs and not getting paid well,” he told TechCrunch. “We wanted to give them stability.”

At the same time, Radisson said, he knew that companies on the logistics side were struggling to find good workers. Shift One works with a range of skill levels, from entry-level employees to supervisors and warehouse managers.

Knowing that many logistics workers are used to working as contract employees with no benefits, Shift One gives all the workers on its platform full benefits with “low contributions” from the first day of hire. It also provides them with checking accounts and debit cards.

“A lot of these workers are unbanked and didn’t have the ability to even get a paycheck,” Radisson said.

It also aims to give them “full schedules” and have them work on whole teams as much as possible.

“It’s part of our value prop that our teams are cohesive and really high functioning,” he added.

An even bigger battle for gig worker rights is on the horizon

Until now, San Francisco-based Shift One has been bootstrapped. It is “slightly” profitable and has been re-investing that money into growing the business. It saw its revenue climb by tenfold in 2020 from an admittedly “small base.” The startup has offices in Las Vegas, Minneapolis, Bogotá and Bucharest. 

Looking ahead, it plans to use its new capital to expand into new markets (it’s currently operating in about 12 states), boost its headcount of 20 and accelerate its tech roadmap.

“In the last four to five months, we’ve moved very strong into last mile” as the COVID-19 pandemic has continued, Radisson said. “We want to give opportunities to millions that didn’t go to college and that have seen stagnant wages for years. We want to give them opportunities to get ahead.”

JAM Fund principal and Tinder co-founder Mateen believes Shift One is turning the labor problem of “adverse selection” on its head.

“Gig work has been defined by seasonality and availability — neither are particularly good for workers,” he said. 

Even Miami Mayor Francis Suarez has thoughts, pointing out that blue-collar jobs have been among the hardest hit by COVID-19.

With Shift One, “workers receive fairly compensated jobs with the opportunity to grow and develop,” he said in a written statement. “Companies get access to a steady, predictable source of high-quality labor. And Miami benefits from the virtuous circle of higher employment and strong local businesses.”

We’ll discuss the future of the gig economy and contract work at TC Sessions: Justice on March 3

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