Actually, this is a box-checking exercise, and doesn't stand in the way of setting up a startup. I went through the same process in 1999, and have renewed ever since - and I did all my own paperwork (which is a huge pain), so I'm pretty familiar with how it works.
Initially, I talked to a lawyer about 'doing it right' - but concluded that I would have spent as much time describing it to the lawyer as writing the application myself.
One key point : You must be planning to create a company, not 'do a startup'. Have a business plan, with milestones. Quantify the investment, and project how it will pay back. Rent some office space, and have a contract. The embassy isn't in the business of understanding the Lean Startup experimentation process. They are interested in definite plans to grow a business (and employ Americans, too).
Of course, some of these points in the business plan may have a large 'error bar' on them. But you need to show to the Embassy that you're not crazy - and that they could not be labelled a 'soft touch' for granting the visa. There's no point trying to "slip one by the USCIS" : If that's the way you're thinking about it, that's the way it will appear.
To get the visa, you have to satisfy the regs. To satisfy the regs, you must have documentation that proves that each point, and subpoint, is satisfied. Each of these pieces of evidence needs at least 1 official piece of paper or a whole bunch of other justification.
It makes plenty of sense and it matches my experience. The UCSIS wants people that are going to come with substantial amount of money and set up a business.
They don't want someone coming in to go to San Francisco and network, pitch to investors, rapidly iterate till you find market fit, etc.
I think they should allow educated, motivated people to come into the country and give it a shot, but that's just not how the law is right now.
I agree that they should be more flexible (i.e. if someone can prove that they would earn more than the US average wage, it would be a net benefit to the US for them to be allowed in).
Further to the idea of coming over to SF and couch-surfing while iterating : The UCSIS wants to see 'CEOs' coming over. So that's what you need to give them. Your friends/fellow hackers may be surprised at the suit and distinguished haircut : But the picture you have to present at the Embassy (and through the documents) is one of business success being a forgone conclusion.
It goes beyond what you might do to impress a VC-like investor (who may also take a casual approach as some kind of signalling too). The UCSIS person is also getting 'invested' in your company. And they want to know that they're going to get their money back for sure. There's no equity upside for the UCSIS : They're much more like a debt investor/bank manager.
Initially, I talked to a lawyer about 'doing it right' - but concluded that I would have spent as much time describing it to the lawyer as writing the application myself.
One key point : You must be planning to create a company, not 'do a startup'. Have a business plan, with milestones. Quantify the investment, and project how it will pay back. Rent some office space, and have a contract. The embassy isn't in the business of understanding the Lean Startup experimentation process. They are interested in definite plans to grow a business (and employ Americans, too).
Of course, some of these points in the business plan may have a large 'error bar' on them. But you need to show to the Embassy that you're not crazy - and that they could not be labelled a 'soft touch' for granting the visa. There's no point trying to "slip one by the USCIS" : If that's the way you're thinking about it, that's the way it will appear.
To get the visa, you have to satisfy the regs. To satisfy the regs, you must have documentation that proves that each point, and subpoint, is satisfied. Each of these pieces of evidence needs at least 1 official piece of paper or a whole bunch of other justification.
Hope this makes sense.