You're right, you'd have to wait 2 years:

have made at least $200,000 each year for the last two years (or $300,000 together with his or her spouse if married) and have the expectation to make the same amount this year."[1] This rule came into effect in 1933 by way of the Securities Act of 1933.[citation needed]

You wouldn't for my "even better" option.

It's different if you're actively involved in the business, vs. soliciting people for investment. It's fine for someone who makes $25k/yr as your security guard, who inherits $50k and doesn't know what to do with it, to buy an extra $5k of equity if he wants. (this is not legal advice, I am not a lawyer)

It's different if you're actively involved in the business, vs. soliciting people for investment. It's fine for someone who makes $25k/yr as your security guard, who inherits $50k and doesn't know what to do with it, to buy an extra $5k of equity if he wants.