the rest of your argument is perhaps interesting from a theoretical standpoint, but not likely very relevant from a practical perspective.
it's very simple: create 5 full-time jobs in the US in 2 years time, and you get to stay. if you can't do that, at least get to break-even on $1M in revenue. if you can't do THAT, then find an investor willing to back you for another $1M every 2 years.
the rqmts are quite lenient and reasonable. the fate of the entrepreneur is very much in their own hands (& heads).