Key Takeaways
- EAD (Employment Authorization Document): the key document for non-citizen business funding eligibility
- LPR (Lawful Permanent Resident): green card holder — now excluded from SBA loans as of March 2026
- Work Authorization: permission to work in the US — required for Bankable Funds; established by EAD or visa
- Public Charge: an immigration concept that does NOT apply to business loans
- USCIS: the agency that issues EADs and processes immigration petitions — does not know about business loans
Non-citizen business owners operate at the intersection of immigration law and business law. Understanding key immigration terms — particularly how they relate to business ownership and funding — is essential for making good decisions about both.
Primary Status Terms
- Alien (Non-Citizen)
- The legal term for a person who is not a US citizen. "Alien" is a technical legal term — not derogatory in legal context. Immigration law uses it throughout official documents and forms.
- LPR (Lawful Permanent Resident)
- A person who has been granted permission to live and work in the US permanently. Also called a "green card holder." LPRs are not US citizens but have permanent immigration status. As of March 2026, LPRs are now excluded from SBA loan programs.
- Non-Immigrant
- A person who entered the US on a temporary visa (H-1B, L-1, E-2, F-1, etc.). Non-immigrants have a defined period of authorized stay and may not have open-ended work authorization.
- Naturalized Citizen
- A person who was born outside the US and became a US citizen through the naturalization process. Naturalized citizens have the same rights as birth citizens, including full SBA loan eligibility.
- DACA (Deferred Action for Childhood Arrivals)
- An executive program that defers deportation and grants work authorization to certain individuals who arrived in the US as children. DACA recipients receive EADs (category C33). DACA is not a formal immigration status — it is "deferred action" discretion.
- TPS (Temporary Protected Status)
- A temporary humanitarian immigration status granted to nationals of designated countries experiencing armed conflict, natural disaster, or other extraordinary conditions. TPS holders receive EADs. TPS is temporary and must be periodically renewed.
Document Terms
- EAD (Employment Authorization Document)
- Form I-766. A card issued by USCIS that authorizes a non-citizen to work in the United States for a specific period. Required for Bankable Funds business financing. EADs are issued to many status categories: DACA, TPS, H-4, L-2, OPT, pending asylum, pending AOS, and others.
- Work Authorization
- Legal permission to work in the United States. Work authorization can come from an EAD or be inherent to certain visa status (H-1B, L-1, O-1, TN, E-1/E-2 have inherent work authorization without separate EAD). Required for Bankable Funds.
- I-94 (Arrival/Departure Record)
- An electronic record (since 2013) documenting a non-citizen's legal entry and authorized period of stay. Available at cbp.gov/I94. Your I-94 shows your admission class (visa type) and authorized stay period.
- SSN (Social Security Number)
- A 9-digit number issued by the Social Security Administration to US citizens and certain non-citizens authorized to work. SSNs are required for personal credit reporting. Many non-citizens on EADs can obtain SSNs — check your SSA eligibility based on your EAD category.
- ITIN (Individual Taxpayer Identification Number)
- A 9-digit IRS number for individuals who need to file US taxes but cannot get an SSN. ITINs are for personal tax purposes — they are not required for business funding (which uses EINs for the business and EADs for identity). Some lenders accept ITINs for personal identity verification.
Agency Terms
- USCIS (US Citizenship and Immigration Services)
- The federal agency that processes immigration petitions, issues EADs, and adjudicates green card and citizenship applications. USCIS does not share information with lenders and does not know about your business loans.
- ICE (Immigration and Customs Enforcement)
- The enforcement agency responsible for immigration law enforcement. Business financing is a lawful activity — taking a business loan does not create any ICE-related risk.
- CBP (Customs and Border Protection)
- The agency that processes entry at US borders and maintains I-94 records. CBP is not involved in business licensing or financing.
Status Change Terms
- AOS (Adjustment of Status)
- The process of changing from non-immigrant visa status to LPR (green card) status inside the United States. Pending AOS applicants may receive EADs during the process.
- Public Charge
- An immigration inadmissibility ground that can affect green card and visa applications for those who are primarily dependent on public benefits. Business loans are NOT public benefits and do NOT create public charge concerns. This is a common myth debunked definitively: business financing is a commercial transaction, not government assistance.
Frequently Asked Questions
No. Business loans are commercial transactions that do not affect green card applications. Public charge concerns relate to use of specific government benefits (SSI, SNAP, Medicaid, housing assistance) — not commercial business loans. Consult an immigration attorney if you have specific concerns about your petition.
Your EAD expiration date is printed on the card itself. USCIS's myUSCIS portal (my.uscis.gov) allows you to check case status for pending EAD applications. To confirm your EAD is currently valid, simply check the expiration date on the card.
When you file an EAD renewal application, USCIS sends a receipt notice (I-797C) confirming they received your application. This notice is evidence of a timely-filed renewal even before your new EAD arrives. Some lenders accept a valid current EAD plus a receipt notice for a pending renewal as proof of continued work authorization.
Yes. Non-citizens can hold any corporate office (president, CEO, CFO, secretary) in a US corporation. USCIS considers the nature of the role for immigration purposes but does not prohibit corporate officer status itself.
A business entity (LLC or corporation) is separate from its owner — it continues to exist as a legal entity even if the owner is deported. However, the owner can no longer legally work in the business from within the US. Consult an immigration attorney about contingency planning if you are concerned about this scenario.
No. Bankable Funds is a private commercial lender. It is not a government agency and has no reporting relationship with USCIS, ICE, or any immigration authority. Your business financing is not shared with immigration authorities.
EAD cards list an employment authorization category code (e.g., A12 for TPS, C33 for DACA, C08 for pending asylum). Most EAD categories that authorize employment qualify for Bankable. Call (786) 443-5511 to confirm your specific category if you're uncertain.