I think the main reason is that they don't have a good test for who's a bona-fide founder or not: anyone can put up a website or release some iPhone apps and claim they're running a tech startup and are in the process of trying to monetize it. Who's going to read those business plans and filter for the legit ones (and what does legit even mean; estimated likelihood of success?)? Hence the buck-passing to someone else (VCs, angels, or revenue numbers, if you successfully bootstrapped) to make the decision. If your startup's got enough cash or revenues to pay you a salary above some threshhold, you're considered a legit entrepreneur; otherwise, you're merely an "aspiring entrepreneur".
The big problem is the catch-22 - to get in you need investment from US investors, but that is nearly impossible to obtain without getting in. So you are stuck.
I would think an open-door policy that lets people with prima facie evidence of a legitimate startup come in for 1-2 years to try their hand would be hugely beneficial. You might require a letter of recommendation from an investor but not actual investment. If they haven't raised money or have revenue after that then the visa ends, and you might only be able to apply for it once every 5 years. I think this would enable a flood of talented entrepreneurs to come and give it a go with very little risk of abuse - coming to the US is a very expensive proposition if it is only going to last a year or two. Just the overheads of showing up are a pretty high barrier. And any person landing fresh is going to spend a lot of money in their first year and as an entrepreneur they are by definition not taking anybody's job. It really seems like a win-win.
Couldn't one just ask them to incorporate a company? I know this is generally better done later rather than sooner, but it is enough of a hassle that I think it would be a reasonable indicator of commitment.
And you absolutely don't want that.. imagine a free market that was free.
Ok, I get it that the US incurs some liabilities when it accepts inmigrants, etc... that's why the startup visa makes some kind of sense...
I'd love to go to the US (heck, even visit!) but I've been deterred several time (I've been 2 inches from the US border during my stay in Canada, but I didn't want the visa hassle and expense just for a short visit - not that the Canada visa experience was much better but I have relatives there)..
