H1B requires that the employee satisfies a minimum wage set by the Labor department (varies per state). So if someone on H1B wants to start their own startup with Americans (or existing green card holders?) on their board, will they have to be paid more than that minimum wage right from the beginning? That would need a higher investment to start with. What if the company wants to bootstrap rather than raise money from VC's? Also, would that mean that the person on H1B cannot own a majority stake in his/her own company (given the condition that the board should be able to fire him/her)?
I think the changes outlined are open to wide angles of interpretation both by USCIS and the startups that want to 'hire' the founder(s) on H1B.