Thank you for tour answer. Well I guess I am talking about an E1 then. But I am also confused buti consulted quite a few lawyer and told them about my start up and the have been using both E2 and b1 options. Well I understand now. Why do you think it will be difficult for a start up?

When a start-up has nothing more than a 'plan' they look at the track-record of the applicant.

From your fact statement, you have only been a student (with OPT) in the US.

Did you have substantial business experience before coming to the US? If so, that would help.

Don't get me wrong, I've gotten start-up E visas ... but it took a LOT of work.

Maybe i was not clear. No i did not say "only". I just said that i graduate from a ny school. I actually started the work on my business and looking for a work studio to rent. So it's a bit more than just a plan. I have other degree in business management and years of experience in sales, marketing, communication and management. Thank you for your answer I will consult with a lawyer tomorrow actually.

The degrees are 'nice' .... but the experience is more important.

One last 'tip'. I tell my clients to think of US CIS as a banker that you are asking to give you a substantial loan. Make your written 5 year plan realistic and reasonable enough that a banker would take you serious.