Maybe it's possible to present the ICO in a such way that it doesn't violate the U.S law? From my perspective, ICO's are nothing less than a kickstarter and kickstarters are legal.
ICOs are not exactly like Kickstarters, because with Kickstarters you donate money and may get a reward in return. With ICOs you get tokens, some of which can give dividends. When they do they are investments and fall under SEC regulations. If the tokens don't give dividends they are called utility tokens, in theory they should be OK because they aren't supposed to fluctuate in price, but here it gets murky.