Ideaforge

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.”

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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.

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!

TC Early Stage: The premier how-to event for startup entrepreneurs and investors

From April 1-2, some of the most successful founders and VCs will explain how they build their businesses, raise money and manage their portfolios.

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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Source: Tech Crunch

At an online event, Google today announced Flutter 2, the newest version of its open-source UI toolkit for building portable apps. While Flutter started out with a focus on mobile when it first launched two years ago, it spread its wings in recent years and with version 2, Flutter now supports web and desktop apps out of the box. With that, Flutter users can now use the same codebase to build apps for iOS, Android, Windows, MacOS, Linux and the web.

“The big thing that justifies the major version number shift is, of course, the availability of web and desktop support,” Flutter product lead Tim Sneath told me. “And that’s just a fairly profound pivot. It’s rare for products that you suddenly have all these additional endpoints.”

Image Credits: Google

He noted that because of Flutter’s open-source nature, web and desktop support had been “cooking in the open” for a while, so the addition of these endpoints isn’t a surprise. A lot of that work in getting these new platforms ready for the 2.0 release involved getting the performance up to par on these new platforms.

It’s worth noting, though, that Flutter desktop support is still behind an early-release flag in Flutter’s stable release channel and Google says developers should think of it as a “beta snapshot.” Web support, however, has transitioned from beta to stable and has become just another target for building apps with Flutter.

Image Credits: Google

On the web platform, specifically, Sneath noted that the team deliberately started out with a very standard, DOM-centric approach. But while that worked fine, it also meant performance was held back by that, especially for more advanced features. Over the course of the last year or so, the team started working on what it calls Canvas Kit. This WebAssembly-based project takes the same Skia graphics engine that powers Android and Chrome itself and makes it available to web apps.

“What that’s meant is that we can now essentially bypass the core HTML — sort of the document-centric parts of the web platform — and really use the app-centric parts of the web platform without leaving [behind] things like auto-complete of text or passwords and all the things that keep the web feeling very unique,” Sneath said.

Image Credits: Google

On the desktop, Google is announcing that Canonical is going all-in on Flutter and making it the default choice of all its future desktop and mobile apps.

Microsoft, too, is expanding its support for Flutter and working with Google on Windows support for Flutter. Given Microsoft’s interest in Android, that’s maybe no huge surprise, and indeed, Microsoft today is releasing contributions to the Flutter engine to help support foldable Android devices.

In total, Google notes, there are now over 15,000 packages for Flutter and Dart from companies like Amazon, Microsoft, Adobe, Huawei, Alibaba, eBay and Square.

As always, there are dozen of other smaller updates to Flutter in this update, too.

Looking ahead, Sneath noted that the Flutter team plans to spend more time on Flutter as a framework for embedded devices and other somewhat nontraditional platforms. He also noted that the team is interested in how Flutter can help power ambient computing experiences.

“As we think about the ambient computing worlds where there are these core premises behind the ambient computing aspects — things like: Can it be searched easily? Can people make money off of the apps that they build and do it in a responsible way? We’re building support for those kinds of services. Better analytics, better ads frameworks, connectivity into things like Firebase and Google Cloud, so that people can not just take advantage of Flutter but the broader ecosystem services that Google provides,” Sneath explained.

Source: Tech Crunch

Fortnite maker Epic today announced plans to acquire Tonic Games Group, most notably the publisher behind the fellow massive battle royale hit title, Fall Guys: Ultimate Knockout. Tonic Games Group is the parent company for the Irregular Corporation, Fortitude Games and Fall Guys developer, Mediatonic. Other titles developed under the umbrella include Murder by Numbers, Gears of War/Funko spinoff Gears Pop and Yahtzee with Buddies.

“It’s no secret that Epic is invested in building the metaverse and Tonic Games shares this goal,” Epic founder and CEO Tim Sweeney said in a release tied to the news. “As Epic works to build this virtual future, we need great creative talent who know how to build powerful games, content and experiences.”

Epic notes in its announcement post that gameplay for the popular title won’t change under the new ownership. As with Fornite, the company says it’s investing in cross platform play for the title, which is currently available on the PlayStation and PC with Nintendo Switch and Xbox arriving later this year.

Mediatonic was founded in the U.K. in 2005. Tonic Games Group was developed as a parent company last year. Based in London, the group now employs roughly 300 people, globally. Released last August, Fall Guys has proven a major hit for audiences and critics, alike. The brightly-colored title allows for up to 60 players to compete in battle royale-style matches.

“With Epic, we feel like we have found a home that was made for us,” Tonic cofounder and CEO Dave Bailey said in the release. “They share our mission to build and support games that have a positive impact, empower others and stand the test of time and we couldn’t be more excited to be joining forces with their team.”

Epic, of course, has money to burn. In addition to massive revenue generated from Fortnite, the company has raised $3.4 billion to date, including a $1.78 billion round in August of last year.

Early Stage is the premiere ‘how-to’ event for startup entrepreneurs and investors. You’ll hear first-hand how some of the most successful founders and VCs build their businesses, raise money and manage their portfolios. We’ll cover every aspect of company-building: Fundraising, recruiting, sales, legal, PR, marketing and brand building. Each session also has audience participation built-in – there’s ample time included in each for audience questions and discussion.

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Source: Tech Crunch

There are many jobs in the construction industry that fall under the “dull, dirty, and dangerous” category said to be ripe for automation — but only a few can actually be taken on with today’s technology. One such job is the crucial but repetitive task of rebar tying, which a startup called SkyMul is aiming to completely automate using fleets of drones.

Unless you’ve put together reinforced concrete at some point in your life, you may not know what rebar tying is. The steel rebar that provides strength to concrete floors, walls, and other structures is held in place during the pouring process by tying it to the other rebar where the rods cross. For a good-size building or bridge this can easily be thousands of ties — and the process is generally done manually.

Rodbusters (as rebar tying specialists are called, or so I’m told) are masters of the art of looping a short length of plastic or wire around an intersection between two pieces of rebar, then twisting and tying it tightly so that the rods are secured in multiple directions. It must be done precisely and efficiently, and so it is — but it’s backbreaking, repetitive work. Though any professional must feel pride in what they do, I doubt anyone cherishes the chronic pain they get from doing that task thousands of times in an hour. As you might expect, rodbusters have high injury rates and develop chronic issues.

Automation of rebar tying is tricky because it happens in so many different circumstances. A prominent semi-robotic solution is the TyBot, which is a sort of rail-mounted gantry that suspends itself over the surface — but while this makes sense for a bridge, it makes far less for the 20th floor of an office building.

Image Credits: SkyMul

Enter SkyMul, a startup still in the very early stages but with a compelling pitch: rebar tying done by a fleet of drones. When you consider that the tying process doesn’t involve too much force, and that computer vision has gotten more than good enough to locate the spots that need work… it starts sounding kind of obvious.

CEO and co-founder Eohan George said that they evaluated a number of different robotic solutions but that drones are the only ones that make sense. The only legged robots with the dexterity to pick their way through the rebar are too expensive, and treads and wheels are too likely to move the unsecured rebar.

Image Credits: SkyMul

Here’s how the company’s SkyTy system works. First, a mapper drone flies over the site to mark the boundaries and then, in an automated closer flyover, to build a map of the rebar itself and where the ties will need to go. This map is then double-checked by the rodbuster technician running the show, which George said only takes about a minute per thousand square feet of rebar (though that adds up quickly).

Then the tying drones are released, as many as needed or wanted. Each one moves from spot to spot, hovering and descending until its tying tool (much like those used by human rodbusters) spans the rebar intersection; the tie is wrapped, twisted, and the drone is off to the next spot. They need their batteries swapped every 25 minutes, which means they generally have time to put down 70-80 ties; right now each drone does one tie every 20 seconds, which is in line with humans, who can do it faster but generally go at about that speed or slower, according to numbers George cited.

It’s difficult to estimate the cost savings and value of the work SkyTy does, because the value of the labor varies widely. In some places rodbusters cost more than $80/hour, meaning the draw of automation is in cost savings. But in other markets the pay is less than a third of that, which compounded with the injury risk makes rodbusters a scarce quantity — so the value is in availability and reliability. Drone-based tying seems to offer value one way or the other, but that means the business model is somewhat in flux as SkyMul figures out what makes the most sense. Generally contractors at one level or another would lease and eventually own their own drones, though other methods are being looked into.

Image Credits: SkyMul

The system offers value-add services as well, for instance the precise map of the rebar generated at the beginning, which can be archived and used later for maintenance, quality assurance, comparison with plans, and other purposes. Once a contractor is convinced it’s as good or better than the manually-produced ones currently used, this could save hours, turning a 3-day job into a 2-day job or otherwise simplifying logistics.

The plan at the company is to first offer SkyTy as an option for bridge construction, which is a simpler environment than a multi-story building for the drones. The market there is on the order of $30-40 million per year for rebar tying services, providing an easier path to the more complex deployments.

SkyMul is looking for funding, having spun out of Georgia Tech and going through Comcast-NBC accelerator The Farm and then being granted a National Science Foundation SBIR Phase I award (with hopes for a Phase II). They have demonstrated the system but have yet to enter into any pilot programs — there are partnerships in the works but the construction business isn’t a nimble one and a drone-based solution isn’t trivial to swap in for human rodbusters on short notice. But once a few projects are under its belt the company seems likely to find serious traction among forward-thinking contractors.

Early Stage is the premiere ‘how-to’ event for startup entrepreneurs and investors. You’ll hear first-hand how some of the most successful founders and VCs build their businesses, raise money and manage their portfolios. We’ll cover every aspect of company-building: Fundraising, recruiting, sales, legal, PR, marketing and brand building. Each session also has audience participation built-in – there’s ample time included in each for audience questions and discussion.

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Source: Tech Crunch

You might call Cappuccino the anti-Clubhouse, but the company has been iterating on its app concept for a couple of years — its CEO doesn’t have any strong opinions on Clubhouse. And it’s true that Cappuccino is an interesting social app on its own. It has been attracting a loyal user base, especially after a TikTok video went viral.

The startup says it is building an app that helps you record podcasts with friends. Many people have discovered podcasts over the past few years. Podcasts let you subscribe to audio shows and listen to episodes on demand.

At first, people subscribe to podcasts because of their interests. But if you talk about podcasts with your friends, they’ll tell you that they like a show in particular because of the personalities of the hosts.

Listening to a podcast is a content consumption experience that feels like nothing else out there. You might watch all videos released by a particular YouTuber and you might think you know a lot about someone’s personal life by following them on Instagram.

But listening to someone for hours at a time with earbuds in your ears is a very intimate experience. When a podcast works, it feels like you’re sitting in a room with a few friends and just listening to what they have to say.

And yet, chances are your favorite podcast hosts are not your friends.

This is where Cappuccino fits. The app lets you create groups with your friends or your families. Members of the group can record a short audio message — a bean, as the startup calls it. They talk about what’s on their mind for a couple of minutes. The next morning, group members receive a notification saying that your morning cappuccino has been brewed.

When you hit play, a chill intro music starts playing followed by audio messages from your friends. It isn’t just a succession of voice memos — it feels like a relaxing mix of happy, funny, caring, thoughtful messages from your friends.

While Cappuccino is a social app, it is focused on your close friends and your family. You aren’t trying to get more followers and you are not sharing public posts. Everything is private by design and focused on groups of real-life friends.

In many ways, it reminds me of Snapchat’s group stories. But Snapchat wasn’t the main inspiration for Cappuccino — it was podcasting.

Image Credits: Cappuccino

Prototype early, iterate often

I talked with the company’s co-founder and CEO Gilles Poupardin about the origin story of the app. Cappuccino isn’t Poupardin’s first startup. He had worked on Whyd for several years and lived the full startup experience — he raised founding rounds, chose to pivot, attended Y Combinator in San Francisco, parted ways with his company’s CTO and chose to shutter the startup.

Among other things, Whyd worked on a voice-controlled connected speaker before Amazon’s Echo product lineup and Google’s Nest speakers really took off. It’s hard to compete with tech giants, even harder when you’re competing on the hardware front.

After that, the Whyd team worked on a service that lets you create your own voice assistant. That didn’t really take off as expected either.

During the summer of 2019, Olivier Desmoulin reached out to Poupardin. Back then, Desmoulin was heading design for Jumbo, an app that helps you stay on top of your online privacy.

“At the time, I didn’t know if I wanted to start a company again — I pivoted 15 times [with Whyd],” Poupardin told me.

But they started discussing about podcasts and AirPods — and audio at large — as the next frontier for social apps. The basic premise was simple. A lot of people were listening to podcasts, but very few people were creating their own podcasts.

There are three reasons why your neighbor doesn’t have its own podcast but sometimes posts stuff on Instagram and Snapchat:

• Podcasts are long-form content
• It’s technically complicated to record and release a podcast
• You are trying to attract an audience of people who don’t know you.

With Cappuccino, the idea is to take a reverse stance on these three points: short content, easy to record and personal. It’s supposed to be a better experience for both people recording audio and people listening to audio.

The first version of Cappuccino isn’t an app, it’s a side project. “We created a group on WhatsApp, we invited 10 to 15 people and we asked them to record voice memos and send them all to Olivier,” Poupardin told me.

Every night, Olivier Desmoulin would fire up GarageBand and create a mix of all voice memos. In the morning, he would send a message to the group conversation on WhatsApp and write: “Hey, your cappuccino is here.”

Image Credits: Cappuccino

After getting some positive feedback from group members, Pouparding and Desmoulin chose to move forward and create something that feels more like an app. But they both knew that creating a social app was incredibly hard when it comes to attracting users. They developed something quickly so that they weren’t wasting time developing something that nobody would use.

“We built the first version of the app in four days by using a hack — we were using Airtable as the backend service,” Poupardin said.

Once again, feedback from beta users was pretty good. They showed the app to some investors and ended up raising $1.2 million from Alexia Bonatsos (Dream Machine, also a former TechCrunch editor), SV Angel, Kevin Carter (Night Capital), Niv Shrug Capital, Jean de La Rochebrochard (Kima Ventures), Kevin Kuipers, Willy Braun, Marie Ekeland, Solomon Hykes (founder of Docker), Pierre Valade (founder of Sunrise and Jumbo Privacy), Moshe Lifschitz (Basement Fund), Anthony Marnell, Bryan Kim and a bunch of others.

Gawen Arab who was the CTO at Whyd teamed up once again with Poupardin, proving that time is a flat circle. He’s now co-founder and CTO at Cappuccino.

Image Credits: Cappuccino

Letting people talk about you

The Cappuccino team hasn’t been active when it comes to press relations or ads. It’s been a slow build up with some interesting spikes.

Last summer, Product Hunt super user Chris Messina created a post about Cappuccino. It was a bit of a surprise as the startup wasn’t trying to get featured on Product Hunt. Still, the co-founders diligently answered questions from the Product Hunt community.

The following day, Product Hunt’s newsletter featured Cappuccino. It was titled “The next big audio social network?” That brought some new users to the app.

Image Credits: Cappuccino

But things really started to take off when Brittany Kay Collier shared a video on TikTok about Cappuccino a few weeks ago. She sent a direct message to Poupardin on Instagram, telling him that it was attracting a lot of views. The video ended up attracting around 3.8 million views and 850,000 likes.

Two days later, Poupardin sent her a job offer to join the team. He was secretly hoping she would say yes, and she was secretly dreaming about getting a job at a company like Cappuccino.

Over the past couple of weeks, Cappuccino attracted 225,000 new users. They created 130,000 groups and sent around one million audio stories.

When the team is reading public posts about Cappuccino on Twitter, it feels like the app has found its core user base. The most loyal users seem to be young women in their twenties. They want to keep in touch with long-distance best friends.

They might be graduating from college and moving to a different part of the country. They might be stuck at home because of the current pandemic.

And it seems like new users have no issue hitting the record button and telling stories — everybody is familiar with voice messages on WhatsApp and iMessage after all.

“Something that is interesting with audio messages as a medium is that you tell different stories from what you would tell by taking a photo for Instagram, sending a Snap or creating a video on TikTok,” Poupardin said.

But what about the elephant in the room then? Clubhouse has topped 8 million downloads already. Poupardin listed all the differences in social graph, audio format and user base. According to him, there’s enough room for multiple audio apps.

“With video, you have YouTube, Twitch and TikTok — those are all different formats. Audio is potentially going to follow the same trend,” Poupardin said. Social apps first took advantage of the camera in your smartphone, because the camera was the killer hardware feature. And audio seems like the natural next step.

He feels like he isn’t competing with other audio startups for now. He wants people to wake up and listen to Cappuccino instead of random music on Spotify. “It’s going to help people who feel lonely,” he said.

Source: Tech Crunch