One thing I always find, even when dealing with USCIS, or press, or really anyone regarding this matter, is that only very few people truly wish to make it difficult for immigrant founders to stay in the country. In fact, I have never met anyone that gave me the impression that they didn't want me around. The problem is that immigration law is slow moving and the adjudicators at the USCIS need to follow it to the dot, even if it was written before a lot of the technology we use today was invented and the world was a much less global place. And now they are rolling the issue of startup founders and high skilled labor into the massive immigration reform, where it is likely to fall through the cracks or even be used as a bipartisan bargaining chip/concession.

Personally, I think a great way to level the playing field wrt starting businesses for immigrant founders would be to allow all holders of employment visas a grace period during which they can stay in the country after they quit their job. This grace period could depend on the type of visa, your degree, your income (read taxes), the time you spent in the US, whatever. Then you can start a business without first having to secure your own presence, which is very difficult (because you don't yet have a real company) and expensive to do. A similar arrangement exists for study visas and is extremely effective in keeping college and grad school graduates in the country after school.