If was telling the truth that he has founded and exited several technology companies including one worth over a billion dollars, then there are any number of ways he could found a business in the US: E-2, EB-5, and yes the O-1A.
Being a founding engineer doesn't mean as much as you'd think to a non-technical audience, I have zero chance at an O1.
EB-5 requires me to be putting in 1MM$ of my own money. That's significant for me and more importantly not needed for the business.
E2 is the best bet, and I discussed this at length with counsel. The non-dual intent (same as TN) nature of the status though will put me in exactly the same situation in a few years. Expecting me to invest in the country, while not allowing me to put down roots, is ridiculous and not fair to my family.
Also, I do realize that it's technically possible to apply for citizenship while on TN/E2, but that prevents international travel. I need to be in Canada regularly to care for my parents.
edit: modifying original post to weaken "no legal way" to "no acceptable legal way". Anything is possible.
E2 absolutely agree it just feels like deferring the problem to a later date. A lot of exposure for not as much in return.
I think the bottom line is you don't need to be in the US as much as you needed to before, given your track record. Here the US should need/want you more than the other way round.
L-1A is probably quite doable though and it's dual intent. You need to wait a year, but that may have passed already anyway.
An L-1A is an option a year from now (I've only recently incorporated), but it's hard to build a sufficiently large company to satisfy the requirements to sponsor without putting down enough roots that it's no longer worthwhile moving.
I think you've nailed it though with:
> I think the bottom line is you don't need to be in the US as much as you needed to before, given your track record. Here the US should need/want you more than the other way round.
It's just not worth it to go through the contortions and hassle required to stay and start a company in the US. In a connected economy I can get the full value of the education & networks I've picked up in the states from any first-world country, and create value there.