Being in the situation myself, I think the implementation Brad is proposing might not be good in the long run (reasons posted by other users).

IMO, any co-founder of the company who owns more than a particular amount in the startup and the startup is at a stage where it can afford paying $100k+ salary to the co-founder should be able to obtain a visa. If the startup is VC funded, even better. But again there should be a complete background check and the startup business plan should be assessed by an independent committee before granting a VISA. Also, educational qualifications of the co-founder should be taken into account like PhDs should get the top most priority.