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Dear Sophie: How can employers hire & comply with all this new H-1B craziness?

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.

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one or two-year subscription for 50% off.


Dear Sophie:

I’ve been reading about the new H-1B rules for wage levels and defining what types of jobs qualify that came out this week. What do we as employers need to do to comply? Are any other visa types affected?

— Racking my brain in Richmond! 🤯

Dear Racking:

As you mentioned, the Department of Labor (DOL) and the Department of Homeland Security (DHS) each issued a new interim rule this week that affects the H-1B program. However, the DOL rule impacts other visas and green cards as well. These interim rules, one of which took effect immediately after being published, are an abuse of power.

The president continues to fear-monger in an attempt to generate votes through racism, protectionism and xenophobia. The fatal irony here is that companies were in fact already making “real offers” to “real employees” for jobs in the innovation economy, which are not fungible and are actually the source of new job creation for Americans. A 2019 report by the Economic Policy Institute found that for every 100 professional, scientific and technical services jobs created in the private sector in the U.S., 418 additional, indirect jobs are created as a result. Nearly 575 additional jobs are created for every 100 information jobs, and 206 additional jobs are created for every 100 healthcare and social assistance jobs.

The DOL rule, which went into effect on October 8, 2020, significantly raises the wages employers must pay to the employees they sponsor for H-1B, H-1B1 and E-3 specialty occupation visas, H-2B visas for temporary non-agricultural workers, EB-2 advanced degree green cards, EB-2 exceptional ability green cards and EB-3 skilled worker green cards.

The new DHS rule, which further restricts H-1B visas, will go into effect on December 7, 2020. DHS will not apply the new rule to any pending or previously approved petitions. That means your company should renew your employees’ H-1B visas — if eligible — before that date.

The American Immigration Lawyers Association (AILA) has formed a task force to review the rules and help with litigation. Although both the DOL and DHS rules will likely be challenged, they will likely remain in effect for some time before any litigation has an impact. They are actively seeking plaintiffs, including employees, employers and representatives of membership organizations who will be hurt by the new rules.

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Dear Sophie: Is it easier and faster to get an O-1A than an EB-1A?

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.

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie:

Is it easier and faster to get an O-1A extraordinary ability visa than an EB-1A extraordinary ability green card? What are the pros and cons of each?

—Outstanding in Oakland

Dear Outstanding:

Thanks so much for your timely questions about the extraordinary ability visa and green card. The short answer to your first question is yes, the O-1A visa is generally easier and faster to get than an EB-1A green card. In fact, I once helped a client get an O-1A approved in three days — of course, that was before the COVID-19 pandemic.

We recently launched “Extraordinary Ability Bootcamp,” a new, 15-module online course that takes a deep dive into the O-1A extraordinary ability nonimmigrant (temporary) visa, the EB-1A extraordinary ability green card, the EB-2 NIW (National Interest Waiver for exceptional ability) and what it takes to file a successful application in each category. Check my podcast where I discuss the Bootcamp in more detail. Register for the Extraordinary Ability Bootcamp and use code DEARSOPHIE for 20% off the enrollment fee.

In general, the requirements for a green card, which enable its holder to live permanently in the U.S., are more stringent than those for nonimmigrant visas, which only allow a temporary stay in the U.S. And U.S. Citizenship and Immigration Services (USCIS) typically takes longer to process green card petitions than nonimmigrant visa petitions. Moreover, the U.S. imposes numerical and per-country caps on the number of green cards issued each year, which means some green card categories for people born in some countries, such as India and China, face long waits. Only a few visas have an annual cap (like the H-1B), but the O-1A visa is not one of them.

That said, the EB-1A has one of the shortest USCIS processing times, compared to other employment-based green cards. Also, EB-1A petitions are eligible for premium processing, which requires USCIS to make a decision on a petition within 15 days (whether it is “calendar” days or “business” days is currently in flux!). The I-140 petition can be adjudicated quickly in a few weeks, but for somebody whose priority date is “current” on the Visa Bulletin, the determining factor for how long a green card takes is often the I-485 processing time in the local field office. Recently that’s been taking about 1.5-2 years for interviews in the Bay Area.

Meanwhile, nonimmigration visa petitions can face delays for a number of reasons, but a delay happens most often when USCIS responds to a petition with a Request for Evidence (RFE). An RFE is a written notice from USCIS seeking additional evidence to make a decision on a case. During the past few years, the number of RFEs issued by USCIS for both visas and green cards has increased substantially.

Last month (September 2020) USCIS extended its policy of giving petitioners an extra 60 calendar days to respond to certain USCIS notices, including RFEs, intent to deny, revoke, rescind and terminate due to the ongoing coronavirus pandemic. For any of these notices dated between March 1, 2020, and January 1, 2021, a timely response will be considered 60 days after the date listed on the notice. Whether you want to take advantage of this extra time is a conversation to have with your attorney, based on the strength of your pending petition and the urgency of getting an approval.

As you probably know, the O-1A visa is for individuals who have achieved national or international acclaim and have risen to the top of their field in the areas of science, education, business or athletics. The EB-1A enables individuals who have achieved substantial international or national success in their field due to their extraordinary talent to live permanently in the U.S.

Here’s a summary of the pros and cons of the O-1A and the EB-1A:

O-1A NONIMMIGRANT VISA

(Temporary Stay)

EB-1A GREEN CARD

(Permanent Residence)

Pros

  • Easier standard than EB-1A.
  • A change of status can be processed by USCIS in a few weeks.
  • Eligible for premium processing.
  • Unlimited extensions possible.
  • Does not require an LCA or PERM.
  • No annual cap.
Pros

  • Possible to self-petition without an employer sponsor or job offer.
  • I-140 is eligible for premium processing.
  • Green card: Allows you to permanently remain in the U.S.
  • Does not require an LCA or PERM.
  • Five years after green card can apply for citizenship.
Cons

  • Requires employer or agent sponsorship.
  • Requires job offer or itinerary of gigs.
  • Individuals cannot self-petition.
  • Might require union letter or advisory opinion.
  • Not a green card (permanent residence).
Cons

  • Multiyear process.
  • High evidentiary standard.
  • Annual numerical and per-country caps exist.
  • Backlog for people born in India and China.
  • Under a presidential proclamation issued in April, green cards not currently being issued at Consulates.

Keep in mind that like the EB-1, the EB-2 NIW (National Interest Waiver) green card does not require an employer sponsor. However, the eligibility requirements for the EB-2 NIW are less stringent than for the EB-1A. For individuals born in India and China, the downside to the EB-2 NIW green card is that they face a much longer wait compared to the EB-1A. Unlike the EB-1A, premium processing is not available for EB-2 NIW petitions.

Remember, U.S. embassies and consulates are not processing green cards so you should try to apply for a green card while you remain in legal status in the U.S. Otherwise, you may have to return to and stay in your home country for a while.

Still, getting a visa or green card abroad remains possible. I recommend working with an experienced immigration attorney to discuss which options best match your accomplishments, goals and timing. Remember, you can sign up for Bootcamp and use code DEARSOPHIE for 20% off the enrollment fee to get qualified!

All my best,

Sophie


Have a question? Ask it here. We reserve the right to edit your submission for clarity and/or space. The information provided in “Dear Sophie” is general information and not legal advice. For more information on the limitations of “Dear Sophie,” please view our full disclaimer here. You can contact Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is available on all major podcast platforms. If you’d like to be a guest, she’s accepting applications!

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Dear Sophie: Will October 2020 Visa Bulletin changes expedite my immigration case?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie:

I’ve been waiting for years for my green card. Is there any way to expedite my case? What does the October shift in Visa Bulletin priority dates mean for me?

—Waiting in Woodside

Dear Waiting:

Thanks! There are a lot of ways to speed up the immigration process. Great news — last week the State Department released the October 2020 Visa Bulletin, which significantly reduces the waiting time for many folks from around the world seeking green cards. Basically final action dates progressed for EB-1, EB-2 and EB-3 and are all current now if you can use categories besides being born in India or China! Feel free to check out my recent podcast on seven ways to expedite an immigration case and check out our upcoming free educational webinar on October 8 for the latest on H-1Bs and other immigration updates.

If you were born in India or China, dates for filing for Adjustment of Status and the National Visa Center also sped up significantly for individuals in these categories. Here’s a typical question I receive: “I’m currently in the U.S. in valid nonimmigrant status. If I was born in India or China, can I file my I-485 in October 2020?” See below to check your priority date and talk to an immigration attorney to see what you can file in October 2020!

Is my China/India priority date current in October?

Here’s an overview of how to figure out whether you can file your I-485 this month if you need to use the categories of being born in India or China:

  • Step 1. Double-check your I-140 I-797C approval notice to determine your category and priority date:
    • Sec. 203 (b)(1) → EB-1 Category
    • Sec. 203 (b)(2) → EB-2 Category
    • Sec. 203 (b)(3) → EB-3 Category
  • Step 2. Check out the October Visa Bulletin. To understand the Visa Bulletin in more detail:
    • The number of green cards the U.S. issues each year is capped based on the type of green card and the green card candidate’s country of birth
    • As my podcast on priority dates explains, it is the date your green card petition was submitted or the date your employer submitted your PERM labor certification application.
  • Step 3. Find the date in the cell at the intersection of your category and country.

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Daily Crunch: Judge delays TikTok ban

Americans can continue using TikTok for now, Google updates its developer policies and Uber gets approval to resume operations in London. This is your Daily Crunch for September 28, 2020.

The big story: Judge delays TikTok ban

The saga continues! The Trump administration’s ban on TikTok was scheduled to take effect today — but over the weekend, a federal court ruled that Americans can continue using the app while a legal challenge over the ban’s legality moves forward.

A federal judge had already put a similar injunction in place to prevent a ban on WeChat from moving forward.

Meanwhile, Oracle, Walmart and TikTok’s owner ByteDance have also reached a deal that’s been approved by the U.S. government and would allow the app to continue operating here. However, it seems like the various companies and governments involved in the deal aren’t exactly on the same page.

The tech giants

Google to better enforce Play Store in-app purchase policies, ease use of third-party app stores — Under threat of regulation, Google announced that it’s updating its Google Play billing policies to better clarify which types of transactions will be subject to Google’s commissions on in-app purchases.

Uber wins latest London licence appeal, but renewal is only for 18 months — The ride-sharing giant has faced a multi-year battle to have its license reinstated after the city’s transport regulator decided not to issue a renewal in 2017.

Roku introduces a new Ultra player, a 2-in-1 ‘Streambar’ and a new OS with support for AirPlay 2 — The Streambar combines 4K HDR streaming and premium audio into one product.

Startups, funding and venture capital

SoftBank will bring Bear’s serving robots to Japan, amid restaurant labor shortages — The investor detailed plans to bring Bear’s Servi robot to Japan in an effort to address restaurant labor issues.

GV bets on young team behind high school social app HAGS — The team is building an old-school social play focused on Gen Z high school socialization.

N26 hires Adrienne Gormley as its new chief operating officer — Gormley has spent the last six years working for Dropbox in Dublin.

Advice and analysis from Extra Crunch

2 strategies for creating top-of-funnel marketing content — Even when you’re excellent at making the sale, you still need people to know you exist in the first place.

Deep Science: Robot perception, acoustic monitoring, using ML to detect arthritis — Devin Coldewey rounds up the latest research and discoveries.

(Reminder: Extra Crunch is our subscription membership program, which aims to democratize information about startups. You can sign up here.)

Everything else

Healthcare giant UHS hit by ransomware attack, sources say — The attack hit UHS systems early on Sunday morning, according to two people with direct knowledge of the incident.

Cannabis vape companies are experiencing a sales boom during the pandemic — From startups to major players, several leading manufacturers told TechCrunch that their companies are seeing a boom in sales since the start of the crisis.

The Daily Crunch is TechCrunch’s roundup of our biggest and most important stories. If you’d like to get this delivered to your inbox every day at around 3pm Pacific, you can subscribe here.

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Apple is (temporarily) waiving its App Store fee for Facebook’s online events

Last month, Facebook introduced support for paid online events — and because many of the businesses offering those events have struggled during the coronavirus pandemic, the company also said it would not collect fees for the next year. At the same time, it complained that Apple had “dismissed” its requests to waive the App Store’s customary 30% fee on in-app purchases.

Today, Facebook is announcing a reversal on Apple’s part: Online event fees will be processed through Facebook Pay, without Apple collecting its 30% cut, meaning businesses will receive all of the earnings from their online events, minus taxes. This arrangement will last until December 31 and will not apply to gaming creators.

The news comes after Facebook publicly pressured Apple to change its stance. It even submitted an iOS app update stating that “Apple takes 30% of this purchase” in the events payments flow. (Facebook said Apple rejected the update for including information that’s “irrelevant” to users.)

And while the two companies appear to have come to an agreement, today’s statements from Facebook are still a bit barbed.

“This is a difficult time for small businesses and creators, which is why we are not collecting any fees from paid online events while communities remain closed for the pandemic,” said Facebook spokesperson Joe Osborne. “Apple has agreed to provide a brief, three-month respite after which struggling businesses will have to, yet again, pay Apple the full 30% App Store tax.”

Similarly, in discussing the exception for gaming creators, Facebook Gaming Vice President Vivek Sharma said, “We unfortunately had to make this concession to get the temporary reprieve for other businesses.”

When asked about the change, Apple provided the following statement: “The App Store provides a great business opportunity for all developers, who use it to reach half a billion visitors each week across 175 countries. To ensure every developer can create and grow a successful business, Apple maintains a clear, consistent set of guidelines that apply equally to everyone.”

More specifically, Apple said it’s giving Facebook until the end of the year to implement in-app payments for these events and bring them into compliance with App Store rules.

This also comes as Fortnite-maker Epic Games is waging a legal battle and publicity campaign against Apple’s App Store fees, with Fortnite removed from the iOS App Store. Epic is also part of a just-announced group of publishers called the Coalition for App Fairness, which is pushing for app store changes or regulation.

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Tech must radically rethink how it treats independent contractors

Adam Jackson
Contributor

Adam Jackson is the CEO of Braintrust, the first user-controlled talent network that connects organizations with world-class tech talent. He also co-founded telemedicine company Doctor On Demand and blockchain-focused digital asset management company Cambrian Asset Management.

Despite a surging stock market and many major tech players having record quarters, we’re still seeing layoffs throughout tech and the rest of corporate America. Salesforce recorded a huge quarter, passing $5 billion in revenue, only to lay off around 1000 people. LinkedIn is laying off 960 people one day after reporting a 10% increase in revenue.

These layoffs may seem like a contraction in size for these huge enterprises, but it’s actually the beginning of something I call The Great Unbundling of Corporate America. They still need to grow, they still need to innovate, they still need to get work done and they’re not simply canceling projects and giving up on contracts.

Just as COVID-19 has accelerated the move to remote work, our current crisis has accelerated the trend toward hiring independent contractors. Back in 2019 a New York Times report found that Google had a shadow workforce of 121,000 temporary workers and contractors, overshadowing their 102,000 full-timers. ZipRecruiter reported in 2018 that tech, along with its record employment growth, was showing an increasing share of listings for independent contractors.

A study from the Bureau of Labor Statistics found that between 6.9% and 9.6% of all workers are now independent contractors, and according to Upwork, that may be as high as 35%. Mark my words — companies are using this time as an opportunity to swing the pendulum toward independent contractors and trimming the fat, justifying it with a vague gesture toward “an unprecedented time.”

That’s why, in my opinion, you’re seeing the NASDAQ hitting record highs despite everyone’s turmoil — depressingly, investors can see that large companies are tightening up and cleaning up waste, while finding an affordable workforce at will. As they have unbundled themselves from our physical offices, large enterprises are going to unbundle themselves from having to have a set number of employees.

When Square allowed its entire workforce to work remotely permanently. It wasn’t just because they wanted them to feel more creative and productive, but was likely a move away from having quite as much expensive, needless office space.

Similarly, if there is work that a full-time employee does that could be done by a flexible, independent contractor, why not make that change too? And it’ll be a lot easier to make without as many people at the office.

The argument I’m making is not anti-contractor, though.

I can’t think of any point in history where it’s been better to create a freelance business — the startup costs are significantly lower, and as companies move toward remote work, you can theoretically take business nationally (or internationally) like never before. Companies’ moves toward replacing W-2 workers with contractors is an opportunity for people to create their own miniature freelance empires, unbundling themselves from corporate America’s required hours, and potentially creating a way to weather future storms by taking away any single company’s leverage on their income.

The rush to remote work is also likely to push more workers into the freelance economy too. By having to create a remote office, with a remote presence in meetings and having to manage and organize our days, the average worker has all but adjusted to the life of a freelancer.

Where some might have gone to an office and had things simply happen to them, the remote world requires an attention to your calendar and active outreach to colleagues that, well, models how one might run a freelance business. Those with core skillsets that can be marketed and sold to multiple clients should be thinking about whether being a wage slave is necessary anymore, and with good reason.

That said — corporate America, and especially tech, has to treat this essential workforce with a great deal more empathy and respect than they have thus far.

Uber and Lyft were ordered to treat drivers as employees in part due to the fact that they never treated their contractors like parts of the company. Other than the obvious lack of benefits (paid time off, health insurance, etc.), Uber, like many large enterprises, treats contractors as disposable rather than flexible, despite them being the literal driving force of the company. When Uber went public, they gave a nominal bonus for drivers that had completed 2500 to 40,000 trips, with a chance to buy up to $10,000 of stock — at the IPO price. These drivers, that had been the very reason that many people became millionaires and billionaires when Uber went public, were given the chance to maybe make money, if they sold the stock quickly enough.

It’s an abject lesson on how to not build loyalty with independent contractors. It’s also a lesson on what the next big company that wants to build themselves off the back of the 1099’er should do.

What I’m suggesting is a radical rethinking of freelance contracting. I want you to see independent contractors as a different kind of worker, not as a way of skirting getting a full-time employee. A freelancer, by definition, is someone that you don’t monopolize, and someone that you should actively give agency and, indeed, part of the network you’re building. One of the issues of corporate America’s approach to freelance work is an us-versus-them approach to employment — you’re either part of us or you’re simply a thing we pick up and put down. What I’m suggesting is treating your freelancers as an essential part of your strategy, and compensating them as such. Freelancers should own equity and should have skin in the game — they may be working with you on a number of projects and take literal ownership of vast successes throughout your history.

Contracted work has only become mercenary through the treatment of the freelance worker. Where tech has succeeded in creating hundreds of thousands of independent contractor positions, it also has to lead the way in reimagining how we may treat them and reward them for their work. And corporate America needs to take a step beyond simply seeing them as a cheaper, easier way to do business. They’re so much more.

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Dear Sophie: How can I get my 2-year foreign residency requirement for my J-1 waived?

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.

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie:

I’m entering my second year in the U.S. under a five-year J-1 research visa from Italy. When we came we thought it would be temporary, but our plans have changed and now we want to try to stay in the U.S. My husband started his own company here on his J-2 visa work permit, and our daughter was born here. However, we’re supposed to return to Italy for two years. How can we get a 212(e) waiver?

—Positive in Palo Alto

Dear Positive:

Congrats on your accomplishments — the birth of your daughter, your research position and your husband’s startup. Happy to share about the J-1 visa, the two-year home residency requirement (a section of the law called “212(e)”) and obtaining a waiver so you can seek a green card or another type of visa. For more background, check out my podcast on the two-year foreign residency requirement and filing a waiver and last weeks’ Dear Sophie column with an overview of the types of J-1 visas. The earlier you begin preparing your waiver application, the better.

The J-1 Educational and Cultural Exchange Visa is intended for people from around the globe to work or study in the U.S. and then take their newly acquired knowledge and skills back to their home country. Given that, it is not a direct path if you decide after your arrival to remain longer term in the U.S. I recommend working with an experienced immigration lawyer to devise a strategy for reaching your goals beyond getting a waiver. I also recommend talking with your employer to assess whether they can later sponsor you for a green card.

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Extra Crunch Friday roundup: Edtech funding surges, Poland VC survey, inside Shift’s SPAC plan, more

I live in San Francisco, but I work an East Coast schedule to get a jump on the news day. So I’d already been at my desk for a couple of hours on Wednesday morning when I looked up and saw this:

What color is the sky this morning pic.twitter.com/nt5dZp5wWc

— Walter Thompson (@YourProtagonist) September 9, 2020

As unsettling as it was to see the natural environment so transformed, I still got my work done. This is not to boast: I have a desk job and a working air filter. (People who make deliveries in the toxic air or are homeschooling their children while working from home during a global pandemic, however, impress the hell out of me.)

Not coincidentally, two of the Extra Crunch stories that ran since our Tuesday newsletter tie directly into what’s going on outside my window:

As this guest post predicted, a suboptimal attempt I made to track a delayed package using interactive voice response (IVR) indeed poisoned my customer experience, and;

Sheltering in place to avoid the novel coronavirus — and wildfire smoke — is fueling growth in the video-game industry, perhaps one factor in Unity Software Inc.’s plan to go public ahead of competitor Epic Games. In a two-part series, we looked at how the company has expanded beyond games and shared a detailed financial breakdown.

We covered a lot of ground this week, so scroll down or visit the recently redesigned Extra Crunch home page. If you’d like to receive this roundup via email each Tuesday and Friday, please click here.

Thanks very much for reading Extra Crunch; I hope you have a relaxing and safe weekend.

Walter Thompson
Senior Editor
@yourprotagonist


Bear and bull cases for Unity’s IPO

In a two-part series that ran on TechCrunch and Extra Crunch, former media columnist Eric Peckham returned to share his analysis of Unity Software Inc.’s S-1 filing.

Part one is a deep dive that explains how the company has grown beyond gaming to develop multiple revenue streams and where it’s headed.

For part two on Extra Crunch, he studied the company’s numbers to offer some context for its approximately $11 billion valuation.


10 Poland-based investors discuss trends, opportunities and the road ahead

The Palace of Culture and Science is standing reminder of communism in Warsaw, Masovian Voivodeship, Poland.

Image Credits: Edwin Remsberg (opens in a new window) / Getty Images

As we’ve covered previously, the COVID-19 pandemic is making the world a lot smaller.

Investors who focus on their own backyards still have an advantage, but the ability to set up a quick coffee meeting with a promising investor is no longer one of them.

Even though some VCs are cutting first checks after Zoom calls, regional investors’ personal networks are still a trump card. Tourists will always rely on guide books, however, which is why we continue to survey investors around the world.

A Dealroom report issued this summer determined that 97 VC funds backed more than 1,600 funding rounds in Poland last year. With over 2,400 early- and late-stage startups and 400,000 engineers in the country, it’s easy to see why foreign investors are taking notice.

Editor-at-large Mike Butcher reached out to several investors who focus on Warsaw and Poland in general to learn more about the startups fueling their interest across fintech, gaming, security and other sectors:

  • Bryony Cooper, managing partner, Arkley Brinc VC
  • Anna Wnuk-Błażejczyk, investor relations manager, Experior.vc
  • Rafał Roszak, investment director, YouNick Mint
  • Michal Mroczkowski, partner, Market One Capital
  • Marcus Erken, partner, Sunfish Partners
  • Borys Musielak, partner, SMOK Ventures
  • Mathias Åsberg, partner, Nextgrid
  • Kuba Dudek, SpeedUp Venture Capital Group
  • Marcin Laczynski, partner, Next Road Ventures
  • Michał Rokosz, partner, Inovo Venture Partners

We’ll run the conclusion of his survey next Tuesday.


Brands that hyper-personalize will win the next decade

Customer Relationship Management and Leader Concepts on Whiteboard

Image Credits: cnythzl (opens in a new window) / Getty Images

Even for fledgling startups, creating a robust customer service channel — or at least one that doesn’t annoy people — is a reliable way to keep users in the sales funnel.

Using AI and automation is fine, but now that consumers have grown used to asking phones and smart speakers to predict the weather and read recipe instructions, their expectations are higher than ever.

If you’re trying to figure out what people want from hyper-personalized customer experiences and how you can operationalize AI to give them what they’re after, start here.


VCs pour funding into edtech startups as COVID-19 shakes up the market

For today’s edition of The Exchange, Natasha Mascarenhas joined Alex Wilhelm to examine how the pandemic-fueled surge of interest in edtech is manifesting on the funding front.

The numbers suggest that funding will far surpass the sector’s high-water mark set in 2018, so the duo studied the numbers through August 31, which included a number of mega-rounds that exceeded $100 million.

“Now the challenge for the sector will be keeping its growth alive in 2021, showing investors that their 2020 bets were not merely wagers made during a single, overheated year,” they conclude.


How to respond to a data breach

Digital Binary Code on Red Background. Cybercrime Concept

Image Credits: WhataWin (opens in a new window) / Getty Images

The odds are low that someone’s going to enter my home and steal my belongings. I still lock my door when I leave the house, however, and my valuables are insured. I’m an optimist, not a fool.

Similarly: Is your startup’s cybersecurity strategy based on optimism, or do you have an actual response plan in case of a data breach?

Security reporter Zack Whittaker has seen some shambolic reactions to security lapses, which is why he turned in a post-mortem about a corporation that got it right.

“Once in a while, a company’s response almost makes up for the daily deluge of hypocrisy, obfuscation and downright lies,” says Zack.


Shift’s George Arison shares 6 tips for taking your company public via a SPAC

Number 6 By Railroad Tracks During Sunset

Image Credits: Eric Burger/EyeEm (opens in a new window) / Getty Images

There’s a lot of buzz about special purpose acquisition companies these days.

Used-car marketplace Shift announced its SPAC in June 2020, and is on track to complete the process in the next few months, so co-founder/co-CEO George Arison wrote an Extra Crunch guest post to share what he has learned.

Step one: “If you go the SPAC route, you’ll need to become an expert at financial engineering.”


Dear Sophie: What is a J-1 visa and how can we use it?

Image Credits: Sophie Alcorn

Dear Sophie:

I am a software engineer and have been looking at job postings in the U.S. I’ve heard from my friends about J-1 Visa Training or J-1 Research.

What is a J-1 status? What are the requirements to qualify? Do I need to find a U.S. employer willing to sponsor me before I apply for one? Can I get a visa? How long could I stay?

— Determined in Delhi


As direct listing looms, Palantir insiders are accelerating stock sales

While we count down to the September 23 premiere of NYSE: PLTR, Danny Crichton looked at the “robust secondary market” that has allowed some investors to acquire shares early.

“Given the number of people involved and the number of shares bought and sold over the past 18 months, we can get some insight regarding how insiders perceive Palantir’s value,” he writes.


Use ‘productive paranoia’ to build cybersecurity culture at your startup

Vector illustration of padlocks and keys in a repeating pattern against a blue background.

Image Credits: JakeOlimb / Getty Images

Zack Whittaker interviewed Bugcrowd CTO, founder and chairman Casey Ellis about the best practices he recommends for creating a startup culture that takes security seriously.

“It’s an everyone problem,” said Ellis, who encouraged founders to promote the notion of “productive paranoia.”

Now that the threat envelope includes everyone from marketing to engineering, employees need to “internalize the fact that bad stuff can and does happen if you do it wrong,” Ellis said.

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Daily Crunch: Apple files countersuit against Epic

Apple strikes back at Epic Games, Android 11 is here and Microsoft announces a new stripped-down Xbox. This is your Daily Crunch for September 8, 2020.

The big story: Apple files countersuit against Epic

Apple has made the latest move in a legal battle against Epic Games, filing a lawsuit claiming that the company behind Fortnite is in breach of contract.

“Although Epic portrays itself as a modern corporate Robin Hood, in reality it is a multi-billion dollar enterprise that simply wants to pay nothing for the tremendous value it derives from the App Store,” Apple wrote in its suit.

This follows Epic’s attempt in August to avoid Apple’s 30% App Store fee, which led to Apple removing Fortnite and eventually Epic from the App Store. (Accounts tied to Epic’s Unreal game engine have not been removed.) Epic then launched a lawsuit and a PR campaign against Apple, arguing that the company is abusing its market power.

The tech giants

Android 11 has arrived — Android 11 isn’t a radical departure, but there are a number of interesting new user-facing updates that mostly center around messaging, privacy and giving you better control over all of your smart devices.

Microsoft confirms compact, $299 Xbox Series S arriving on November 10 — The Series S is essentially a stripped-down version of the upcoming Series X, without true 4K rendering and with a lot less processing power.

Apple’s next event is September 15 — The event will almost certainly feature the new Apple Watch.

Startups, funding and venture capital

General Motors takes $2 billion stake in electric truck startup Nikola — Through the deal, GM gets 11% ownership in startup Nikola, and will, in turn, produce Nikola’s wild fuel cell pickup truck by the end of 2022.

Silver Lake leads $500 million investment round in Indian online learning giant Byju’s — The round values the Indian online learning platform at $10.8 billion.

Progress snags software automation platform Chef for $220M — Progress, a Boston-area developer tool company, is boosting its offerings in a big way.

Advice and analysis from Extra Crunch

How to respond to a data breach — How a company responds to a data breach can make or break its reputation.

9 proptech investors talk co-living, home offices and other pandemic trends — TechCrunch surveyed nine firms that are writing checks today, and this second installment focuses on the opportunities and risks for startups.

JFrog’s IPO strong initial price range values it ahead of the larger Sumo Logic — The IPO wave continues to crest as a number of well-known technology companies line up to float their equity on American exchanges.

(Reminder: Extra Crunch is our subscription membership program, which aims to democratize information about startups. You can sign up here.)

Everything else

‘Mulan’ drove Disney+ app downloads up 68% week-over-week, but didn’t beat ‘Hamilton’ — According to early data, the launch helped grow Disney+ mobile installs by 68%, compared with one week prior.

Original Content podcast: ‘Teenage Bounty Hunters’ is more interested in relationships than bounty hunting — Despite the show’s silly name, we ended up surprisingly invested in the characters.

Drew Houston will talk about building a startup and digital transformation during COVID at TechCrunch Disrupt — This is next week!

The Daily Crunch is TechCrunch’s roundup of our biggest and most important stories. If you’d like to get this delivered to your inbox every day at around 3pm Pacific, you can subscribe here.

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Daily Crunch: India bans PUBG and other Chinese apps

India continues to crack down on Chinese apps, Microsoft launches a deepfake detector and Google offers a personalized news podcast. This is your Daily Crunch for September 2, 2020.

The big story: India bans PUBG and other Chinese apps

The Indian government continues its purge of apps created by or linked to Chinese companies. It already banned 59 Chinese apps back in June, including TikTok.

India’s IT Ministry justified the decision as “a targeted move to ensure safety, security, and sovereignty of Indian cyberspace.” The apps banned today include search engine Baidu, business collaboration suite WeChat Work, cloud storage service Tencent Weiyun and the game Rise of Kingdoms. But PUBG is the most popular, with more than 40 million monthly active users.

The tech giants

Microsoft launches a deepfake detector tool ahead of US election — The Video Authenticator tool will provide a confidence score that a given piece of media has been artificially manipulated.

Google’s personalized audio news feature, Your News Update, comes to Google Podcasts — That means you’ll be able to get a personalized podcast of the latest headlines.

Twitch launches Watch Parties to all creators worldwideTwitch is doubling down on becoming more than just a place for live-streamed gaming videos.

Startups, funding and venture capital

Indonesian insurtech startup PasarPolis gets $54 million Series B from investors including LeapFrog and SBI — The startup’s goal is to reach people who have never purchased insurance before with products like inexpensive “micro-policies” that cover broken device screens.

XRobotics is keeping the dream of pizza robots alive — XRobotics’ offering resembles an industrial 3D printer, in terms of size and form factor.

India’s online learning platform Unacademy raises $150 million at $1.45 billion valuation — India has a new startup unicorn.

Advice and analysis from Extra Crunch

The IPO parade continues as Wish files, Bumble targets an eventual debut — Alex Wilhelm looks at the latest IPO news, including Bumble planning to go public at a $6 to $8 billion valuation.

3 ways COVID-19 has affected the property investment market — COVID-19 has stirred up the long-settled dust on real estate investing.

Deep Science: Dog detectors, Mars mappers and AI-scrambling sweaters — Devin Coldewey kicks off a new feature in which he gets you all caught up on the most recent research papers and scientific discoveries.

(Reminder: Extra Crunch is our subscription membership program, which aims to democratize information about startups. You can sign up here.)

Everything else

‘The Mandalorian’ launches its second season on Oct. 30 — The show finished shooting its second season right before the pandemic shut down production everywhere.

GM, Ford wrap up ventilator production and shift back to auto business — Both automakers said they’d completed their contracts with the Department of Health and Human Services.

The Daily Crunch is TechCrunch’s roundup of our biggest and most important stories. If you’d like to get this delivered to your inbox every day at around 3pm Pacific, you can subscribe here.

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