Green Card Holders Can Participate in Corporate Governance and Political Activities

In recent years, Asian Americans have increasingly engaged in political activities across the United States, mobilizing to vote, organize, and advocate for policies that protect their civil rights and promote greater representation and equity. Questions frequently asked by our clients, community members and international students about the extent to which non-U.S. citizens, such as green card holders/lawful permanent residents (LPR), or foreign nationals on work or student visas, may participate in corporate leadership and politically affiliated activities in the United States.

Even though green card holders are generally “foreign nationals”, they are permitted to do certain things politically which are otherwise prohibited on “non green card holder foreign nationals”.  The short answer is reassuring, green card holders may serve as corporate officers or directors, volunteer with politically affiliated nonprofits, and donate to political candidates, largely on the same terms as U.S. citizens.

Green Card Holders May Serve Corporate Leadership

There is no federal law prohibiting a green card holder from serving as a corporate officer or member of a board of directors of a U.S. company. Corporate governance rules are primarily a matter of state law and internal company bylaws; immigration status alone does not bar an individual from holding these roles.

That said, complications can arise when corporate leadership intersects with political activity, particularly when companies engage in campaign finance–related decisions. These concerns are governed by the Federal Election Campaign Act (FECA).

Green Card Holders May Participate in Political Campaign

Under FECA (52 U.S.C. § 30121; 11 C.F.R. § 110.20), foreign nationals are prohibited from:

● Making contributions, donations, or expenditures in connection with U.S. federal, state, or local elections; and

● Participating in decisions regarding political contributions or expenditures by any person, company, or organization.

Importantly, however, lawful permanent residents are expressly excluded from FECA’s definition of “foreign national.” As a result, green card holders are treated similarly to U.S. citizens for purposes of campaign finance law.

This distinction has practical consequences. For example, if a company establishes a Political Action Committee (PAC), a green card holder may lawfully participate in PAC governance and decision-making, whereas a non-resident foreign national may not. Companies must therefore ensure that any individual involved in campaign-related decisions is either a U.S. citizen or an LPR.

Green Card Holders May Participate in Political Campaign and Politically Affiliated Nonprofits

Green card holders may also volunteer for nonprofit organizations that support political candidates or advocate for or against legislation. Volunteering time, or providing uncompensated services, is not considered a campaign contribution under FECA, and there is no restriction on lawful permanent residents engaging in this type of activity.

Additionally, legislative lobbying by nonprofits generally falls outside FECA unless it directly relates to influencing election outcomes. Accordingly, green card holders may lawfully participate in lobbying, advocacy, and political education efforts conducted by nonprofits, so long as the organization itself complies with applicable campaign finance and tax laws.

Green card holders may also contribute financially to these organizations, subject to the same rules that apply to U.S. citizens.

Green Card Holders May Donate to Political Candidates

Lawful permanent residents may donate to political candidates and committees because they are not considered foreign nationals under FECA.

Federal courts have reinforced this distinction. In OPAWL v. Yost, 118 F.4th 770 (U.S. Court of Appeals, 6th Circuit. 2024), the Sixth Circuit emphasized that lawful permanent residents have a long-term stake in American society and share significant rights and obligations with U.S. citizens, making it appropriate to exclude them from the contribution bans that apply to other foreign nationals.

As a result, green card holders may:

● Donate to individual candidates for federal, state, or local office (within contribution limits);

● Contribute to political party committees;

● Donate to traditional PACs;

● Contribute unlimited amounts to Super PACs, which make only independent expenditures; and

● Donate to ballot initiative campaigns, which are regulated primarily under state law rather than FECA.

Although green card holders may donate, they are subject to the same contribution limits imposed on U.S. citizens.

Green Card Holders Shall Get Involved in Politics Watchfully

Lawful permanent residents enjoy broad participation rights in both corporate governance and political activity, but organizations must remain vigilant about excluding non-resident foreign nationals from campaign-related decision-making. Clear internal compliance policies and careful vetting of individuals involved in political activities are essential to avoiding inadvertent violations. When in doubt, call Attorney Jimmy McCormack, Esq. of Lion’s Law at 617-682-7340 or email jimmy@lionslawgroup.com, to obtain legal guidance before engaging in campaign-related activity can help ensure compliance with federal law.