Eleanor Finch
Foreign nationals are prohibited from contributing to political campaigns in the United States, whether directly or indirectly, under the Federal Election Campaign Act (FECA). This includes all US elections, from federal to local levels. However, green card holders are exempt from this rule as they are not considered foreign nationals. Foreign nationals may still engage in some political activities, such as volunteering their services, as long as they are not compensated. Additionally, a loophole exists where foreign nationals can donate to Social Welfare Organizations (SWOs), which can then donate to political campaigns without disclosing the original source of the funds.
Can H1B donate to political campaigns?
| Characteristics | Values |
|---|---|
| Foreign Nationals | Cannot contribute money directly to US political campaigns. |
| Green Card Holders | Can contribute money to US political campaigns. |
| Foreign Nationals with no Green Card | Can help a political campaign via voluntary non-monetary contributions of services. |
| Social Welfare Organizations (SWOs) | Can accept donations from foreign nationals and governments, but cannot donate directly to a political campaign. |
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What You'll Learn
- Foreign nationals without green cards can volunteer for campaigns
- Foreign nationals are prohibited from contributing to federal, state, or local elections
- Green card holders are allowed to donate to US political campaigns
- Foreign nationals can donate to Social Welfare Organisations (SWOs)
- Foreign nationals can't donate to ballot measure committees
Foreign nationals without green cards can volunteer for campaigns
Foreign nationals without green cards are prohibited from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States. This includes indirect contributions, such as gifts, subscriptions, loans, or advances of money or anything of value given to influence an election. However, there is a ""volunteer" exemption that allows foreign nationals without green cards to provide voluntary non-monetary contributions of services as long as they are not compensated. This exemption has been interpreted broadly, and foreign nationals are advised to exercise caution and seek legal counsel before engaging in any political campaign activities.
The Federal Election Campaign Act (FECA), enacted in 1974, prohibits foreign nationals from making any contributions, donations, or expenditures in connection with US elections at any level. This prohibition extends to indirect contributions and applies to all individuals and entities, including corporations and foreign entities. The definition of a "foreign national" includes any individual who is not a US citizen or national and has not been lawfully admitted for permanent residence, i.e., those without a green card.
While foreign nationals without green cards cannot donate money or other items of value to political campaigns, they can still participate in the political process by volunteering their time and skills. The "volunteer" exemption in FECA allows foreign nationals to provide uncompensated personal services to federal candidates or political committees. This exemption provides an opportunity for those without permanent resident status to engage in the political process and support their preferred candidates or causes.
It is important to note that the definition of "volunteer service" has been interpreted broadly by the Federal Election Commission (FEC). For example, during the 2008 campaign, the FEC ruled that Sir Elton John, a foreign national, organizing a $2.5 million fundraiser for Hillary Clinton's campaign was considered "volunteer service." This highlights the complexity and vagueness of the rules surrounding foreign national involvement in US political campaigns.
Foreign nationals without green cards who wish to volunteer for political campaigns should be cautious and ensure they do not inadvertently make any monetary contributions or provide compensated services. Seeking legal advice before engaging in any campaign activities can help ensure compliance with the relevant laws and regulations. Additionally, being transparent about one's foreign national status and clearly communicating the intention to volunteer without making contributions can further reduce the risk of any potential violations.
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Foreign nationals are prohibited from contributing to federal, state, or local elections
Foreign nationals are prohibited from contributing financially to federal, state, or local elections in the United States. This includes donations, expenditures, independent expenditures, and disbursements made directly or indirectly. It is also illegal to help foreign nationals violate this ban, and those who do so may face fines or imprisonment. The Federal Election Campaign Act (FECA) defines a "foreign national" as a foreign person or entity (corporation), excluding those with green cards. Therefore, green card holders are legally permitted to contribute financially to US political campaigns.
Some foreign nationals without green cards may still participate in political campaigns by providing voluntary non-monetary contributions of services. The "volunteer" exemption applies as long as the individual is not compensated. However, the definition of what constitutes a permitted service is vague, and the Federal Election Commission (FEC) has addressed this issue in advisory opinions. For example, in Advisory Opinion 1987-25, the FEC allowed a foreign national student to volunteer for a presidential campaign without compensation.
It is important to note that the federal election prohibition against contributions by foreign nationals applies to all US elections, including federal, state, and local elections. This prohibition also includes contributions to political party committees, organizations, and electioneering communications. Additionally, foreign nationals are prohibited from participating in decisions involving election-related activities.
The FEC enforces these statutes by imposing civil fines on violators, and criminal liability is also a possibility. To avoid severe consequences, it is essential for donors to accurately represent their citizenship status when contributing to political campaigns.
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Green card holders are allowed to donate to US political campaigns
Green card holders cannot donate to federal political campaigns, including presidential, congressional, or other federal elections. This restriction is based on the idea that foreign nationals, which include green card holders, should not be able to influence federal elections to prevent potential foreign interference. However, they are allowed to donate to state and local campaigns in most cases, as these fall under state jurisdiction and the rules may differ. Each state has its own laws regarding who can contribute to local elections, so green card holders must ensure they comply with their specific state's regulations.
Additionally, green card holders may be able to donate to Political Action Committees (PACs) and other political organizations, but with certain restrictions. PACs must comply with federal law, so they cannot accept donations from non-citizens. Green card holders can also contribute to political organizations that are not directly involved in campaigning, such as nonprofit organizations focused on political education, advocacy, or reform.
It is important to note that the laws and regulations regarding campaign donations can be complex and may change over time. Therefore, green card holders interested in supporting political causes or candidates should always verify the rules in their jurisdiction and ensure they understand the restrictions around political donations.
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Foreign nationals can donate to Social Welfare Organisations (SWOs)
Foreign nationals are prohibited from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States. This includes indirect donations and applies to all US elections. However, there is a loophole that allows foreign nationals to donate money to Social Welfare Organisations (SWOs), also known as 501(c)(4) groups. These SWOs, such as the NRA and an arm of Planned Parenthood, are exempt from disclosing their donors and can contribute unlimited sums to political campaigns through Super PACs. As long as the foreign national donor does not direct the nonprofit to channel money to a Super PAC, this loophole is legal.
It is important to note that the Federal Election Commission (FEC) enforces this statute by imposing civil fines and, in some cases, criminal liability on those who violate the law. Persons with green cards are excluded from the definition of foreign nationals and are legally eligible to contribute to US political campaigns.
While foreign nationals without green cards cannot donate money to US political campaigns, they may be able to provide uncompensated volunteer services to a campaign, as in the case of a foreign national student allowed by the FEC in Advisory Opinion 1987-25.
In terms of charitable giving, US-based charities that receive donations will generally have those contributions be tax-deductible for the donor. However, donations to non-US-based charities are not tax-deductible for the donor. Additionally, US charities can form subsidiary charitable organizations in foreign jurisdictions to receive tax-deductible contributions in both the US and the foreign country, provided they meet the requirements of the foreign country and the IRS.
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Foreign nationals can't donate to ballot measure committees
Foreign nationals are prohibited from donating to ballot measure committees in at least 10 states in the US. These states are California, Colorado, Maine, Maryland, Nevada, North Dakota, Ohio, South Dakota, Washington, and Wyoming. The Wyoming State Legislature passed a bill in 2025 prohibiting foreign nationals from making contributions or expenditures to support or oppose ballot measures. Similarly, the Ohio State Legislature passed a ban in 2024 prohibiting foreign nationals from making contributions or expenditures to support or oppose candidates for elective office or statewide certified or potential ballot measures.
The Federal Election Campaign Act (FECA) prohibits foreign nationals from contributing, donating, or spending funds in connection with any federal, state, or local election in the US, either directly or indirectly. This includes donations to ballot measure committees. Foreign nationals are also prohibited from participating in decisions involving election-related activities.
The prohibition is very broad, but there are exceptions. For example, persons with green cards are excluded from the definition of foreign nationals and are therefore legally eligible to contribute money and/or services to a US political campaign. Additionally, some foreign nationals without green cards can help a political campaign through voluntary non-monetary contributions of services, as long as they are not compensated.
It is important to note that the definition of a foreign national may vary by state, and it is always advisable to seek legal counsel before engaging in any political activities as a foreign national.
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Frequently asked questions
No, H1B visa holders are not allowed to donate to US political campaigns as they are considered foreign nationals. Only individuals with permanent resident status (green card holders) are permitted to donate to political campaigns.
The Federal Election Campaign Act (FECA) prohibits any foreign national from contributing, donating or spending funds in connection with any federal, state, or local election in the US. This includes monetary donations as well as non-monetary contributions such as volunteer services. However, foreign nationals who are not green card holders can provide uncompensated volunteer services to a campaign, as long as they are not involved in decision-making.
Persons who knowingly and willfully engage in these activities may be subject to civil fines and/or imprisonment. The FEC can refer the case to the Department of Justice (DOJ) for criminal prosecution.
