Zebeth Media Solutions

tech layoffs

My co-founder’s a green card applicant who just got laid off. Now what? • ZebethMedia

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 Dear Sophie: How can I stay in the US if I’ve been laid off? Dear Sophie: How can students work or launch a startup while maintaining their immigration status? 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.” ZebethMedia+ 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, My co-founder and I were both laid off from Big Tech last week, and it’s the kick we needed to go all-in on our startup. We’re both first-time founders, but my co-founder needs immigration sponsorship to maintain status with our startup. Do we look at an O-1A in the 60-day grace period? Thanks! — Newbie in Newark Dear Newbie, It’s been a crazy couple of weeks and we have more Big Tech (and startup) layoffs coming. We have lots of educational resources for what to do if you were laid off and you need non-immigrant visa sponsorship or a green card. As explained in last week’s article, there are ways for laid-off immigrants to seek additional time in the U.S. to make their next move. Apparently, almost 25% of laid-off tech workers start their own companies, but I am sure the number has historically been lower for international folks because the ball and chain of the U.S. immigration system can feel weighty. However, there are a lot of ways that you and your co-founder can take to successfully navigate the layoff, the grace period and sponsorship at the new startup. Here’s how: Deadlines and pathways The 60-day grace period is discretionary. We advise conservatively that the grace period begins from the date of termination, although some laid-off individuals will continue to get paychecks for many months. Many of the layoffs are public and WARN Act notices are issued, so the Department of Homeland Security is on notice. That said, if you need more time to set things up properly for your new startup to exist and sponsor your co-founder’s immigration, your co-founder can apply for a change of status to B visitor. As a B-1 business visitor, your co-founder can engage in certain activities legally, such as business formation and fundraising meetings, and request an additional six months of time beyond the 60-day grace period. This application process can run in parallel with immigration sponsorship by a new company. Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window) Sometimes, you can qualify to sponsor a co-founder for an H-1B transfer so they can work at your startup if you meet the requirements. Additionally, many individuals will use the runway provided by the six months of B-1 status to build their portfolio of accomplishments to qualify for an O-1A visa for extraordinary ability. The O-1 status is available to many professionals, including founders who can demonstrate they are at the top of their field. An O-1A is particularly advantageous for startup founders, because it can be sponsored by an agent for an itinerary of services, including advising other startups for equity, being a venture scout for a VC firm and getting paid as a contractor for speaking engagements in your field. Founders born in India or China are subject to the green card backlogs for individuals, and the O-1A can be a great stepping stone to qualify for and self-sponsor the faster EB-1A green card pathway. Incorporate For either an H-1B, TN, E-3 change of employer or a change of status to O-1A, you should be aware of the importance of setting up your company to successfully sponsor your co-founder and other hires for visas and green cards while also attracting funding from investors.

Bootstrapping basics, fintech’s future, tech employers gain advantage • ZebethMedia

Are you planning to play League of Legends during your next investor pitch? (If so, reading this probably isn’t a good use of your time.) For founders who are interested in building on their own, maintaining control and staying off the fundraising treadmill for as long as possible, investor/entrepreneur Marjorie Radlo-Zandi sets out five basic principles for bootstrapped founders in her latest TC+ article. It’s not for everyone: self-funded companies will ask more from their employees than larger operations that offer free lunches and other perks. At one bootstrapped startup where I worked, I was asked to defer part of my salary — after I was hired. Full ZebethMedia+ articles are only available to membersUse discount code TCPLUSROUNDUP to save 20% off a one- or two-year subscription Radlo-Zandi covers the basics with regard to hiring, managing expenses and shaping company culture, but she also urges self-funders to tamp down expectations and take a measured approach: “Don’t be tempted to hop on a plane at a moment’s notice to meet potential customers in glamorous locations or for meetings in far-flung locations,” she writes. “Your bootstrapped business likely will not survive such big, optional financial outlays.” Bootstrapped founders face longer odds, but if they can drive growth and reach product-market fit, “fundraising will be that much easier.” Thanks very much for reading, Walter ThompsonEditorial Manager, ZebethMedia+@yourprotagonist The power pendulum is swinging back to employers, isn’t it? Image Credits: AOosthuizen (opens in a new window) / Getty Images More than 120,000 tech workers have lost jobs so far this year, according to layoffs.fyi. And with more than a fifth of those layoffs taking place in November, many from well-capitalized public companies, it’s easy to see why Continuum CEO Nolan Church believes this is the beginning of a wave. “Over the last 12 years, the pendulum between who has power between employees and employers has drastically swung toward employees,” he said last week on the ZebethMedia Equity podcast. “Now, we’re in a moment where the pendulum is swinging back.” Answers for H-1B workers who’ve been laid off (or think they might be) Group of young adults, photographed from above, on various painted tarmac surface, at sunrise. Sophie Alcorn, an immigration law attorney based in Silicon Valley, estimates that 15% of the people recently laid off from Bay Area startups are immigrants, 90% of whom are H-1B holders. If you’re a visa holder who’s been laid off, your first priority is to “figure out your last day of employment, because that’s when you need to start counting the 60-day grace period,” says Alcorn. “You either get a new job, you leave, or you figure out some other way to legally stay in the United States, but you have to take some action within those 60 days.” Nearly 80% of venture funds raised in just two states as US LPs retreat to the coasts Image Credits: Bryce Durbin / ZebethMedia After the pandemic began, there was a lot of buzz about how venture capital was shifting away from its roots in San Francisco and New York to make inroads into the Midwest. But after an extended slump in public markets led so many investors to sit on the sidelines, data show that “most funds outside of the two largest startup hubs… are feeling the frost from potential LPs,” reports Rebecca Szkutak. “So far this year, 77% of capital has been raised in just California and New York. In 2021, those states raised 68% of the year’s totals.” Preparing for fintech’s second decade: 4 moves your firm must make now Image Credits: Emilija Manevska (opens in a new window) / Getty Images According to consultant Grant Easterbrook, fintech startups that hope to succeed over the next few years must be prepared to go up against: Major banks and financial service providers with loyalty programs and “super apps.” Emerging DeFi protocols “that can offer financial products that involve real-world assets.” Banking, invoicing, lending, payments, accounting packaged as “embedded financial products.” Multiple countries issuing their own Central Bank Digital Currency (CBDC). “Your firm will need a very strong value proposition to compete with all four types of competitors,” writes Easterbrook, who shares his ideas for navigating the next decade of fintech in a TC+ guest post.

It’s not a rug pull if it’s an accident • ZebethMedia

Hello and welcome back to Equity, a podcast about the business of startups, where we unpack the numbers and nuance behind the headlines. We thought that last week was a lot. It was, but this week was somehow more. More chaotic, rapid-fire change at a number of massive tech companies kept us on our toes. So, while our beloved co-host Natasha was out, we couldn’t do the recording down a set of hands, so we brought Becca aboard with Mary Ann and Alex. The list of news was so long that we were cutting entire sections up until we hit record, and even still we went over time. If you like longer episodes, this one is for you. Deals of the Week: What’s going on with the former Peloton CEO’s new rug startup? And how is Tellus going to offer much better consumer savings rates? And, finally, how wrong can Alex get the Harmonic business model until he figures it out live on the show? Mega-layoffs: From there, we had to sit down and discuss the massive Meta layoffs. Our read is that the company is doing right by the folks it is cutting, which is not as much as we can say about some other companies in the world also undergoing massive staffing cuts. Naturally, this brought up Twitter to a degree, the smaller social network being the Main Character in tech news up until, well: WTF FTX? Ah, FTX. Last week it was worth $32 billion and its founder was arguably the face of crypto around the world. And now Sequoia has pulled its on-site hagiography, SBF is a pariah, and FTX may be going to zero. There’s going to be a mini-series about this, isn’t there? We are back Monday! Have a lovely weekend! Equity drops at 7 a.m. PT every Monday and Wednesday, and at 6 a.m. PT on Fridays, so subscribe to us on Apple Podcasts, Overcast, Spotify and all the casts. ZebethMedia also has a great show on crypto, a show that interviews founders, one that details how our stories come together, and more!

How can I stay in the US if I’ve been laid off? • ZebethMedia

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 Dear Sophie: How can students work or launch a startup while maintaining their immigration status? Dear Sophie: How can early-stage startups improve their chances of getting H-1Bs? 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.” ZebethMedia+ 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 was laid off and I’m on an H-1B. I have enough savings to survive for a while. What should I do if I have been let go from my job? I am on an H-1B, have an approved I-140, and an I-797 that expires in March 2024. If I have to leave the U.S., can my current I-797 be transferred to my next employer? Are there any issues I should be aware of? — Upended & Unemployed Dear Upended, I’m so sorry to hear you’ve been laid off, and the stress this has no doubt added to your life! Your questions are top of mind in light of the thousands of others being laid off from Twitter, Facebook, Stripe, Brex, Lyft, and other tech companies. I realize this can be an incredibly stressful time. It is my personal life mission to help immigrants to have peace of mind, including being able to stay in the United States, keep their families safe, and build their dreams of making the world a better place. I am so happy to have the opportunity to share my advice through this column! The good news is U.S. Citizenship and Immigration Services (USCIS) allows a 60-day grace period to remain in the U.S. if you lose your job while on an E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN visa. And we can turn your 60-day grace period into a total of eight months of immigration runway — it is possible to extend your time in the U.S. beyond 60 days by filing a change of status from H-1B to another category such as a visitor, student, or dependent spouse. When individuals who need visa sponsorship get laid off, we often hear their highest priority is to maintain their ability to stay in the United States beyond the 60-day grace period, especially if they own a home, have a spouse, or have dependent kids in school. Often people ask me what they need to do if they can’t get a job that offers visa sponsorship within the 60-day grace period or how they can finally follow their heart to explore their own startup ideas. Here are my recommendations for how to stay in the United States, as well as options and opportunities you should keep in mind. To work for another company, start interviewing NOW! Unfortunately, you cannot transfer your current I-797 to your next employer. However, you can transfer your H-1B to your new employer following the H-1B application process. If you are approved, you will receive a new I-797. Put all of your efforts into finding another job. Get as many interviews as you can. Reach out to everyone in your network — friends, family, former colleagues, co-workers, neighbors, and acquaintances. Take advantage of social media and attend networking events. Also, take a look at where venture capital is flowing these days; companies that are receiving Series A funding or above are likely hiring. At a job interview, be direct about your need to transfer your H-1B to a new employer. If the company is not willing to sponsor you, move on. Ideally, you should accept a job offer no more than 45 days into your 60-day grace period unless you have applied for another fallback status because it can take several weeks to prepare and file the H-1B transfer. Additionally, if you qualify for an O-1A extraordinary ability visa, you could consider using an agent to file an O-1A petition on your behalf, which would make your visa independent of any particular employer. This offers you both redundancy because you can change or add paid jobs in the United States without amending the petition every time, generally, as long as you are continuing to work in your field. To work for your own startup, start NOW! If you want to create your own tech venture, find someone you can work with to be your co-founder. Find out if you qualify for an O-1A ASAP or determine if you want to set up your startup to be compatible with an H-1B transfer. Talk with both an immigration attorney and a corporate attorney to devise the best structure for your startup and determine an immigration strategy for your startup to sponsor you for a visa. For many people, if they qualify, I suggest that your startup sponsor you for an O-1A, which offers more flexibility and freedom than an H-1B transfer. Many individuals on an H-1B visa in Silicon Valley and beyond are surprised when we tell them they already qualify for an O-1A. The added benefit of the O-1A is that it serves as a stepping stone to qualify for the EB-1A extraordinary ability green card, which is currently available. Devise a backup plan Have a backup plan and work with an immigration attorney to assess your options. You could transfer your H-1B, become an H-4 dependent visa holder if your spouse has an H-1B,

Laid off? Climate tech is looking for talent and founders • ZebethMedia

As rumors rumbled that the U.S. Federal Reserve would hike rates once more — and when it followed through earlier this week — another round of layoffs hit the tech sector. Stripe, Opendoor, Chime, Zillow, Cerebral, Brex, and of course Twitter, among others, have already cut or are about to eliminate thousands of jobs. That’s bad news for employees today, but it might be good news for the climate in the near future. Before we get too far, let me say up front that getting laid off is terrible and not something I wish to happen to anyone. Not knowing where your paychecks will come from or what benefits you’ll receive is difficult in the best of times, and it’s far worse when economic signs are mixed or major life changes are looming. I am not at all trying to minimize what people go through when they’ve been laid off. It’s happened to me, and it sucks. But layoffs also offer a chance at a new beginning. Even before the recent waves of layoffs started washing over the tech industry, people were leaving their old jobs for new opportunities in climate tech. While this is a ZebethMedia+ story, we made sure the paywall is below the key links in case you are job-hunting. Hugs — The TC+ team “One thing we’re seeing is really, really strong talent leaving larger companies,” Erin Price-Wright, a partner at Index Ventures, said at ZebethMedia Disrupt, “because some of the financial upside for public tech companies or maybe even late-stage tech companies has sort of vaporized in the last few months. And people are like, ‘Well, I had these golden handcuffs, and that was preventing me from working on what I really care about. And I don’t have that anymore. So I’m going to take a risk and I’m going to do something.’” Climate tech has been booming relative to the rest of the market, with startups in the sector raising $5.6 billion in the first half of this year, short of 2021’s crazy hauls but still well ahead of 2020, the next previous record, according to PitchBook. Five years from now, PitchBook expects the climate tech market to be worth $1.4 trillion, a compound annual growth rate of 8.8%. All those companies are in desperate need of talent. Nearly every early-stage founder in the climate tech space I’ve spoken with in recent months went out of their way to mention that they’re hiring. Job board Climatebase has hundreds of jobs listed right now, and that’s just a portion of the climate tech companies with active listings. Shaun Abrahamson, co-founder of climate-focused Third Sphere, pointed out that his firm’s portfolio companies are currently hiring for over 400 positions. Breakthrough Energy Ventures’ portfolio companies are hiring for nearly 1,200 positions. Elsewhere, around 100 companies are using the climate career platform Terra.do to directly connect with applicants, chief business officer Nishant Mani told ZebethMedia. The startup frequently runs virtual job fairs to match employees with employers, and business is booming. The platform’s user base is growing 50% month on month, and Mani is aiming to get 1,000 companies actively using the platform in the next six months.

VCs decipher the recent fintech layoffs — and why they’re happening now • ZebethMedia

Many big companies in the fintech world cut jobs in the past month. And yet Stripe’s announcement it would lay off 14% of its workforce still made a splash, proving that unicorns and decacorns are not immune to the challenging economic and fundraising conditions. The Stripe news closely follows Chime confirming this week that 12% of its employees would be laid off and Brex revealing last month that it was cutting 11% of its workforce. So what the heck is going on here? Well, according to Spiros Margaris, a fintech venture capitalist and founder of Margaris Ventures, the current layoffs by some of these larger fintech companies were “caused by the challenging geopolitical market environment and inflationary pressures. It affects the whole fintech startup industry — and globally all industries — since the prominent players have a strategic ripple effect on the smaller players.” “Laying off good employees endangers their strategy to succeed in the grand vision they initially sold to the VC.” Spiros Margaris, founder of Margaris Ventures Cameron Peake, a partner at Restive Ventures who recently invested in AiPrise, concurred, noting via email that much of what we are seeing today “were the dynamics we saw play out last year,” including all of the “large funding rounds, sunny market projections and a belief that companies needed more people to fuel their growth.” What resulted was “a lack of discipline around company fundamentals,” she added. While the frenzy was dissipating, it was then that companies “realized they were not only ahead of their skis but that they needed to cut back in order to focus more on profitability,” she said.

2022 R&D tax prep, social media for founders, managing remote teams • ZebethMedia

As director of Techstars’ startup pipeline, Saba Karim spends much of his time touting the ways entrepreneurs can benefit by joining an accelerator. But is it the right choice for every founder? After he posted a thread on Twitter offering several rationales explaining why some should definitely avoid them, I invited him to adapt it for a TC+ guest post we published yesterday. “Keep in mind that funding will solve your money problems, but it won’t solve everything else,” he writes. Full ZebethMedia+ articles are only available to membersUse discount code TCPLUSROUNDUP to save 20% off a one- or two-year subscription “You’ll still need to figure out how to acquire customers, find the best talent, build an incredible product, assemble a great advisory board and get to product-market fit.” His article confirms a suspicion I’ve long harbored: many entrepreneurs pursue accelerators so they can gain access to investors, score free publicity, or receive positive reinforcement for their idea. But none of those are determining factors for success. “If you’re not living and breathing your startup, you’re going to struggle anyway,” says Karim. If you have information, knowledge or experience to share that could help early-stage startup founders, investors and workers make better decisions, please review our submission guidelines and drop us a line. Thanks very much for reading, Walter ThompsonEditorial Manager, ZebethMedia+@yourprotagonist These founders landed early checks by being savvy about social media (L-R) Connie Loizos, Silicon Valley Editor, ZebethMedia, Nik Milanović, Founder, This Week in Fintech; General Partner, The Fintech Fund, Joshua Ogundu, CEO, Campfire and Gefen Skolnick, Founder, Couplet Coffee. Image Credits: Kelly Sullivan/Getty Images for ZebethMedia Is there a correlation between being extremely online and a founder’s ability to fundraise? According to three entrepreneurs Connie Loizos spoke with at ZebethMedia Disrupt, a social media presence that blends aspects of your business and personal lives can “make it easier to connect with investors and customers.” Nik Milanović (founder, This Week in Fintech), Gefen Skolnick (founder, Couplet Coffee) and Josh Ogundu (CEO, Campfire) talked about the benefits and downsides of using TikTok, Twitter and other platforms to build authentic personal and business brands. “I even tweeted yesterday that it was kind of not a good day as a founder, and it was really nice and people engaged with that,” said Skolnick. “I don’t believe in constantly showing that things are good. Some days things are just not good.” How to effectively manage a remote team during wartime Image Credits: Anna Fedorenko / Getty Images “There are a lot of studies about crisis management on the web, but none of them tell us how to manage a company during times of war,” according to Alex Fedorov, CEO and founder of Ukrainian startup OBRIO. Prior to Russia’s invasion, “our company had never seen a real crisis,” he writes in a post that presents the six methods his company used to maintain continuity while protecting workers. “Training to manage stress, anxiety and personal finances will help your employees build the needed knowledge and respond to tough situations.” 3 founders discuss how to navigate the nuances of early-stage fundraising Image Credits: Kelly Sullivan / Getty Images Founders who have raised funds for early-stage startups in the last year have generally had an easier time than people seeking Series A money (or later). Then again, “easy” is such a relative term. At ZebethMedia Disrupt, Rebecca Szkutak spoke to three entrepreneurs to learn more about how they adjusted their expectations and tactics as they approach investors during a downturn: Amanda DoAmaral, co-founder and CEO, Fiveable Arman Hezarkhani, founder, Parthean Sarah Du, co-founder, Alloy Automation Prepare to amortize: Inflation may spell doom for R&D tax expensing Image Credits: Fancy/Veer/Corbis (opens in a new window) / Getty Images The U.S. federal government has made R&D tax credits available for decades, but a major change set to take place this year will impact startups across the board. Previously, R&D expenditures could be expensed upfront, but now, “those expenses will need to be amortized over 5 years in the case of domestic research, and 15 years for foreign research,” according to tax attorney Andrew Leahey. Because so many startups “incur the bulk of their R&D costs in their first year of operation,” many could wait “the equivalent of a lifetime” to recover those expenses. High inflation has stalled efforts to repeal the amortization requirement, so Leahey shares several tactics companies can use “to prepare for the possibility of the rule coming into effect.” Remote work is here to stay. Here’s how to manage your staff from afar Image Credits: Kelly Sullivan / Getty Images Before the pandemic, most startup workers had the same experience on their first day: set up a new laptop, fill out some onboarding paperwork, then start gathering intel on the best places to grab lunch near the office. Now that so many teams are hybrid or fully remote, companies are learning the importance of fostering company culture and community from day one, a topic Rebecca Bellan delved into at ZebethMedia Disrupt with three experienced managers: Adriana Roche, chief people officer, Mural Deidre Paknad, CEO and co-founder, WorkBoard Allison Barr Allen, angel investor, Trail Run Capital “The biggest learning for us over the last three years was that it’s very difficult to really build expertise in a domain or a subject through Zoom,” said Paknad. How our startup made it through 2 recessions without relying on layoffs Image Credits: Aaron Black (opens in a new window) / Getty Images So far this year, about 45,000 tech workers have been laid off. If that’s hard to visualize, imagine a sold-out Mets game at Citi Field in New York City. Cutting staff is standard operating procedure during a downturn, but Sachin Gupta, who leads sales, marketing and general operations for HackerEarth, says his company has weathered two recessions without resorting to mass firings. “At any given time, our staff portfolio operates at about 90% of what we consider ideal,” he says. “Think of this like the distance

The tide is shifting on tech’s layoff wave. Kind of. • ZebethMedia

In tech, emerging trends usually elicit excitement and surprise, whether it’s the hot new sector that every venture capitalist is clamoring for a stake in, or the rise of a new technology you haven’t heard of. Until you only hear of it. This year, however, one of the biggest trends to form inside tech was a darker one: layoffs. We can talk more about the specific layoff themes. And we have. Over 780 companies cut a portion of their staff off this year, according to data tracker layoffs.fyi. The workforce reductions have impacted at least 92,558 known people. The real figure is likely higher given reporting delays. But the same data source suggests that the tide is somewhat shifting on the cadence of tech layoffs. Nearly 70% of people who have been laid off this year, lost their jobs during May, June, July and August. Since the summertime of sadness, staff cuts have decreased. September had half the number of layoff events than August, and in October, new layoff events slowed while people impacted slightly inched upward from August. There’s two big asterisks to these figures. First, layoffs.fyi has only tracked publicly reported and tipped layoff events, meaning that there could be many more underneath the surface (especially smaller scale layoffs) that are not being tracked. Second, zombies. Zombie companies are basically companies that raised a ton of money over the boom cycle but aren’t producing nearly enough revenue to justify the historical valuation. The late-stage market is full of them, a founder recently told me, and it will take awhile for us to realize this because many got overcapitalized and have enough runway to hide behind. In other words, more layoffs may come later once companies run out of runway. Today’s numbers just give us a time check on just how far into this re-correction we are. Needless to say, layoffs haven’t disappeared. Just today, Zillow announced that it was cutting 5% of its total workforce, impacting 300 employees. Yesterday, Cerebral cut 20% of its employees. Some of the biggest layoffs since the beginning of COVID-19’s impact on the technology sector happened this year, with Getir’s 14% cut, Byju’s fall from grace, and Better.com’s worsening situation. Still, I’m relieved (and maybe you are too) that the layoffs are slowing down. I don’t want to jinx things, and I realize this is totally jinxing things; but hopefully 2022 ends quiet, and 2023 starts even quieter.

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