http://en.wikipedia.org/wiki/Systems_analyst
Graphic designers and mathematicians (including statisticians.. think AI) on the other hand should be fine.
The bullet points to hit:
1) Employer, a well-regarded National company in the business of blah with Social Proof, Social Proof, and Social Proof, has been recently stymied by lack of Insert Statutory Language Here. This is materially impacting their financial performance and damaging the economy and national security of Nation. It has been particularly difficult to find someone capable of Insert Statutory Language Here because of the business necessity for Extraordinary Talent In Short Supply In Nation.
2) After a period of searching, Employer has identified Candidate. Candidate is the perfect fit for Employers needs, and as such hiring him is critical to the economy and national security of Nation. Additionally, Candidate alone possesses Critical Talent Identified Above.
3) Candidate will be employed as a Insert Statutory Language Here to do Insert Statutory Language Here and Insert Statutory Language Here, and such other tasks as may be required.
By the way, if you can't find a national security angle, you aren't thinking hard enough.
Well-run bureaucracies are simple state machines, with published transitions. You give them exactly the input they require to go to the desired end state and nothing else.
There seems to be debate on this point : http://en.wikipedia.org/wiki/H-1B_visa#No_labor_shortages
How are BackType and others doing this?
Essentially, it's up to the immigration offer to decide whether a certain level of equity disqualifies you from receiving TN status. Much more scrutiny is applied to the actual proposed employment, your responsibilities, whether these fit in the TN status categories, etc.
The TN is obviously not intended for self employment, but that becomes subjective once you've grown beyond a company of size one.
I've received different advice, mainly stemming from significant ownership (you presumably have significant ownership of BackType where as you wouldn't Google) and role as "founder" and that not being inline with non-immigration intent. You can to claim your work in US is temporary whereas the company presumably isn't.
But you have it, and that is what counts. Congrats.
Also,I've read that as long you don't own >51% of the company you can work for it under a visa,but I don't know how true this.