Why would he get a visa that legally allows him to work and accurately reflects his intent to enter the US rather than work illegally on a tourist visa that, if discovered, is likely to have you deported and barred from reentry to the United States?

Hmm, that's a tough one.

I am not a tourist. My intention is [was] to stay in the us and make this startup work. Uninterrupted.

This can take from 2 up to 10 years or who knows how many... Can't do that on a Tourist visa, it's a "half measure".

Half-measures avail us nothing. :-)

You are right to reject the tourist visa option: it might work for a few quick visits to network and meet people, but it is not the best way to go if you are serious. And I have seen that when I behave in a serious and business-like way, I get serious and business-like results. (Off-topic: when I started being rigorous about claiming business expenses only for real business expenses and stopped telling half-truths on my tax returns, then I started making a lot more money. Correlation, not causation? Maybe. I put it down to an attitude adjustment.)

Back on topic. Did you prepare the E-2 visa application yourself or did you hire a U.S. immigration lawyer to do the work for you? Immigration work is 80% technical knowledge, 80% procedural skills, and 80% immaculate paperwork. That's why getting someone with deep experience counts.

(Disclosure: I have a vested interest in selling the concept of "hire an extremely experienced professional").

(Disclosure: I am not an immigration lawyer; that stuff scares me.)

Follow-up.

Think about the category "L" visa. Executive of foreign corporation transferred to work at the U.S. branch. Set up a Swedish corporation. Create a U.S. subsidiary corporation. Decide to assign yourself to the USA to work.

Devil. Details. Etc.

These visa applications can be completed in 6 weeks or so -- this is what my immigration lawyer friends tell me.

Thank you for the tips philip!

Of course i had an experienced lawyer that took my hand throughout all the process... And we also examined all available options...

L type visas are not as simple as you describe. The criteria that have to be met are not suitable for a startup company. The killing requirement is that you (the employee that will be assigned in the US subsidiary) has to work in the mother company for at least a year.

... And let's not get into what the requirements for the mother company are...

Good all around. It sounds like you did everything correctly. Consulate officials are known to operate in a non-uniform fashion in processing visa applications. That is all I will say in public. :-)

You may also want to check out VisaJourney.com, it's helped me immensely in my immigration to the US (and will continue to do so as I Remove Conditions). They focus mostly on family class and less on business class visas, but it is still an incredibly knowledgeable community surrounding US immigration. If I were you, I would post as much of my situation on the Work Visas forum as I was comfortable and see if they can help.

Yup - the L-type visas are a non-starter.

But if your lawyer was so experienced, shouldn't you have been forwarned that you had a marginal case?

Did the UCSIS outright deny the application (which is a problem for the future too) or just ask for further documentation (which could be death by a thousand cuts too)?

It is costly and only works a few times. Investors will also be (rightfully) nervous of any possibility that you may not be able to stay in the country.

I stayed over 6 months with my tourist visa last year. And we travel back and forth to the US for business meetings.

However as you say, if you are looking for funding then it might be a problem, they don't say it but you can perceive it.

I'm wondering if getting the investor money helps to get your visa.

Does anyone know cases like that?

Wow, you might not want to mention that on a public forum.

No problem. The Tourist visa is B-1/B-2 I enter with B-1 that is for Business, I state clearly that my visit is for Business, and when they ask me in customs I always say the truth, that I have a SW dev company and I'm visiting clients and looking for more. Never had a problem with that.

I think that if you get too complicated with your stories that's when you can get into troubles in customs.

EDIT:

I never stayed longer than stated on the I-95 btw

AFAIK, all US visa grants are at the discretion of the officer reviewing your case. Anything that strengthens your case in their eyes can only help. However, I doubt they'll stamp visas where the criteria aren't met (which, according to the OP, he did, so that sucks).

Yes, that's what they told me, you must meet certain requirements and also the officer has to be convinced that your visa will bring something good to the US.

So it's the requirements + strong proof that you will create jobs in the US or your are a great scientist, artist, etc... or you have a lot of money to invest.