Connect with us

Uncategorized

Dear Sophie: Can an H-1B co-founder own a Delaware C Corp?

Published

on

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:

My VC partner and I are working with 50/50 co-founders on their startup — let’s call it NewCo. We’re exploring pre-seed terms. One founder is on a green card and already works there. The other founder is from India and is working on an H-1B at a large tech company.

Can the H-1B co-founder lead this company? What’s the timing to get everything squared away? If we make the investment we want them to hit the ground running.

—Diligent in Daly City

Hello, Diligent!

Thanks for your questions. It’s always very exciting for me to hear about new companies launching and this has been the year for creativity as necessity is the mother of invention. The easiest path is for the founder with a green card to be president and CEO, and for the H-1B co-founder to be an employee working in a specialized technical role to qualify for an H-1B transfer from the current employer to the new startup. However, there are a few potential immigration issues to be aware of. Check out my recent podcast about due diligence in immigrant-founded startups.

The good news is that we can get the H-1B founder’s work transferred to NewCo, even though it’s a small, pre-revenue company. Presumably NewCo has a strong business plan. If you can make the investment so the company has the ability to pay the H-1B prevailing wage, we can usually effectuate the H-1B transfer for the founder in about 2-3 months.

It’s important to be aware of the proposed equity split between the founders. Simplest is if the founder on H-1B will own less than 50% of the company. If this individual must own the majority, some structural work can be done with a corporate attorney to set things up to qualify for an H-1B, but it’s more complicated.

This is because to qualify for an H-1B — whether it’s a transfer, initial petition or extension — the sponsoring employer must demonstrate that an employer-employee relationship exists between the company and the H-1B beneficiary. That means the employer must have the ability to hire, supervise and fire the H-1B beneficiary, and the H-1B beneficiary cannot own a controlling stake in the sponsoring company. For additional context, check out my podcast on H-1B Transfers for Startup Founders.

The co-founder who has the green card would probably need to be designated as the person who will have the authority to hire, supervise and fire the co-founder on the H-1B visa on the immigration forms. As always, I recommend working with an experienced startup immigration attorney who can present a strong legal argument for the H-1B as well as efficiently streamline the H-1B transfer process.

Lyron Foster is a Hawaii based African American Musician, Author, Actor, Blogger, Filmmaker, Philanthropist and Multinational Serial Tech Entrepreneur.

Uncategorized

The Trump administration will add SMIC, China’s largest chipmaker, to its defense blacklist: report

Published

on

SMIC, one of largest chip makers in the world, is among several companies that the Department of Defense plans to designate as being owned or controlled by the Chinese military, reports Reuters. Earlier this month, President Donald Trump signed an executive order, set to go into effect on January 11, that would bar U.S. investors from buying securities from companies on the defense blacklist.

In a statement to Reuters, SMIC said it continues “to engage constructively and openly with the U.S. government” and that it “has no relationship with the Chinese military and does not manufacture for military end-users or end-uses.”

The largest semiconductor maker in China, SMIC holds about 4% of the worldwide foundry market, estimates market research firm TrendForce. Its U.S. customers have included Qualcomm, Broadcom and Texas Instruments.

There are currently 31 companies on the defense blacklist. SMIC is one of four new companies that the Department of Defense plans to add, according to Reuters. The others are China Construction Technology, China International Engineering Consulting Corp and China National Offshore Oil Corp (CNOOC).

The company delisted from NYSE in May 2019, but it said that the decision was prompted by the limited trading volume and high administrative costs, not the U.S.-China trade war or the U.S. government’s blacklisting of Huawei and other Chinese tech companies.

SMIC has already been impacted by export restrictions that prevent them from purchasing key equipment from American suppliers. At the beginning of October, it told shareholders that export restrictions set by the U.S. Bureau of Industry and Security could have “material adverse effects” on its production.

The executive order, and the possible addition of new companies to the defense blacklist, is in-line with the Trump administration’s hard stance against Chinese tech companies, including Huawei, ZTE and ByteDance, that it claims are a potential national security threat through their alleged ties to the Chinese government and military. But the future of a lot of the current administration’s policies after the Joe Biden assumes the presidency on January 20 is uncertain.

TechCrunch has contacted SMIC for comment.

Continue Reading

Uncategorized

Primer, the fintech helping merchants consolidate the payments stack, raises £14M Series A

Published

on

Primer, the U.K. fintech that wants to help merchants consolidate their payments stack and easily support new payment methods in the future, has raised £14 million in Series A funding. The round was led by Accel, who I understand were quite proactive in persuading Primer to take the VC firm’s money.

The young company wasn’t actively fund-raising, having quietly raised £3.8 million in funding announced in May. Instead, the team was heads down building out the product and wooing potential customers by holding technical workshops and in-depth interviews over Zoom with 100 merchants — activity that didn’t go unnoticed.

Also participating in the Series A are existing investors: Balderton, SpeedInvest and Seedcamp, who were joined in the round by new backer RTP Global. Sonali De Rycker, partner at Accel, will join Primer’s board.

Founded by ex-PayPal employees – via PayPal’s acquisition of Braintree — Primer wants to offer one payments API to (hopefully) rule them all, with the explicit aim of bringing greater transparency to a merchant’s payment stack.

The thinking is that larger merchants, especially those that operate in more than one geography, have to support an array of payment methods, which brings with it significant technical overhead, a poor user experience, and lack of transparency.

Primer, now described as a “low code” platform, carries out a lot of that heavy-lifting on behalf of merchants and while remaining steadfastly payment method agnostic. By doing so, the idea is to reduce friction when adopting new payment methods as they come to market, and be able to provide better insights into things like how well each checkout option is performing.

As well as payment-service-providers (PSPs), the platform has connectors for fraud providers, chargeback services, subscription billing engines, BI tools, loyalty and rewards platforms. Both payments and non-payments services can be “seamlessly connected to the checkout experience and payments flow via workflows, enabling merchants to unify their fraud migration efforts, build sophisticated transaction routing, and solve complex flows – all with no code,” explains Primer.

Primer says the additional funding will be used for international business development and scaling its team. Billed as a remote-first company, Primer has 23 employees across six countries, and says it has already picked up traction across mid-market and large enterprise e-commerce merchants across Europe.

Comments Paul Anthony, Primer’s co-founder and head of product and engineering: “During our time at PayPal, we saw first-hand the technical burden online merchants face trying to offer the best payments experiences to their customers globally. Our low-code approach enables merchants’ payments teams to manage and expand their payments ecosystems, and maintain sophisticated payments logic with a familiar workflow UI”.

Meanwhile, the new investment brings Primer’s total funding to £17.8 million, and comes only a few weeks after the initial launch of the company’s platform.

Continue Reading

Uncategorized

Gillmor Gang: Electrical Banana

Published

on

Thanks I’m giving for the start of the first big online season. Yes, the pandemic has put in place a gigantic move to the digital for our immediate and accelerated future. We all know how this plays out in the required state of things pre-vaccine. But there’s an undercurrent not so hidden there of a dynamic answer to my wife’s stubborn question: Where’s my Jetpack?

She’s a child of the 60s, a post-Beatles time of imploding dreams and dashed expectations. James Bond got to fly a Jetpack, but the telltale burned gasoline exhaust made the effect an artifact of what wasn’t going to happen. In an electric decade and noise-canceling AirPods, maybe it’s more likely to surface than not, but if so, what’s the next Jetpack?

My vote is for the electric newsletter, a notification engine that knows what I’m tracking, projects the trends circulating my core peers, and invests proactively in the products we want to accelerate. It’s a self healing economy, a research coordinator, a humor and media rewarder. On the Gang, we use a blend of live streaming, backchannel notifications, and everything up to but not including a newsletter.

From its earliest days, Twitter promised a future where RSS authority would be mined in a social context. What I mean by that is RSS delivered the ability, the chair in the sky opportunity Louis C.K. described, the chance to explore the world alongside the artists formerly known as accredited journalists. It was always a tough sell for the displaced gatekeepers, but flash forward to today and you can see they’re all bloggers and podcasters now.

The moment the meritocracy window opened, the definition of success moved to the readers, the viewers, the social enterprise as Marc Benioff insisted. Software as a service mined those social signals as fuel for what the iPhone delivered in the mobile wave. Now the mobile economy is expanding to the silicon on the desktop. M1 seems like an evolution, but its entry point on consumer laptops is designed to produce network effects in the same way Office 97 boosted Windows 95 into orbit.

So where is this electric newsletter if it’s so important? As a vehicle for finding stuff I didn’t know I cared about, newsletters suffer from too many of them with too few business models driving them. Subscriptions derive revenue but reduce the network effects of advertising supported subsidy of firewalls. You get reach but quantity explodes. Context glut is not a pretty thing, either.

Our early attempts at constructing a Gang newsletter spawned the realtimeTelegram feed; its group-shared notification stream valuable as much for what we skipped as when we dipped in to it. As a framing device for the Gillmor Gang recording sessions, we could anticipate both what we wanted to talk about and what we wanted to avoid. Trump fatigue gets burned off in Telegram, while science and innovation get drilled down on and fleshed out in advance.

Adding a Twitter feed (follow @gillmorgang) pushes Likes and retweets into the mix. The live recording stream generates Facebook Watch Parties and additional comments. An edited version here on TechCrunch adds this related commentary. But where’s the newsletter for all these live pieces?

Perhaps the answer goes back to the Jetpack? It may not be the Jetpack we are looking for, but rather the components that make up this stream as a service. A Jetpack offers the dream of instant teleportation without the traffic jams or being polite about your Uber driver’s musical taste. Zoom already offers some of that promise, where saving the commute opens up hours in your day. Zoom-enabled shopping and delivery management will go a long way.

As Donovan presciently proclaimed, Electrical Banana gonna to be the very next phase. My electric newsletter is the perfect definition of a pipe dream. It’s not so much as when it’s going to get here as what.

__________________

The Gillmor Gang — Frank Radice, Michael Markman, Keith Teare, Denis Pombriant, Brent Leary, and Steve Gillmor . Recorded live Friday, November 20, 2020.

Produced and directed by Tina Chase Gillmor @tinagillmor

@fradice, @mickeleh, @denispombriant, @kteare, @brentleary, @stevegillmor, @gillmorgang

For more, subscribe to the Gillmor Gang Newsletter and join the backchannel here on Telegram.

The Gillmor Gang on Facebook … and here’s our sister show G3 on Facebook.

Continue Reading

Trending