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Would Green Card give much advantage to do business in the US?

I am currently in the US on H1B visa and I am working for a tech company in California. Since my Priority Date is current I could get a green Card in 6 months, if I really wanted to.

However, my mid-term plans are to go back home to Europe where I have a really awesome team with which to kick off a software project and work full time on it.

Now I have to make decision, whether:

  1. to wait these 6 months and get the green card before going back to Europe; or
  2. to abandon my green card application (and also H1B status with my current employer) before going back to Europe.

My question #1 is - what are pros and cons of getting the green card now if I plan to start my own business that in the future might need to expand into the US? For example:

  1. Would it be simpler to raise funding in the US for my startup if I had green card?
  2. Would it be simpler to do business in the US if I had green card (finding marketing people, selling service to the US entities etc)
  3. Would I have to and would it be simpler to incorporate company or branch in the US if I had a green card?
  4. Any other reasons to get a green card to do businesses?

My questions #2 is - if I don’t get the green card now and simply go back to Europe how hard would it be to get back to the US if my business will eventually need to expand here (ie. how hard would it be to get an entrepreneur-type visa)?

Disclaimer: I completely understand that this question involves also immigration aspects and a lot of people don’t feel comfortable to give immigration advice on the Internet. However, I am still interested to hear your experience if you or anyone you know has encountered similar situation in the past and how you solved it.

Answer 7471

The answer to your first question is… in the question itself: “before going back to Europe”. From the moment you go back in Europe - I’m assuming with the intent to live there - you should give the green card back. Or at least that’s what you’re supposed to do on paper.

It’s really as simple as that. If you intend to live in the US, stay in there and keep the green card. If you don’t, you’re not supposed to have a green card to begin with. The answers to your follow-up queries range from “somewhat” (it’s easier to access to capital, but only if it’s invested locally) to “not at all” (the rest). They aren’t relevant compared to the real issue, which is strictly legal.

As to your second question, it really doesn’t matter. You can expand in the US without having an office there. You can also register the help of locals and/or business partners to help you expand there faster. You can do all this without having a Green Card - or even a Visa.

The only thing that really counts is what your heart tells you: would you rather live in Europe or in the US? Follow your heart and don’t look back. Residual regrets will haunt you if you do not.

Answer 7723

Get the green card if you can manage to keep it, even if you’re not there all the time. When you travel to the US a lot, that will make things easier for you in any hindsight.

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