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Work Authorization and Residency

QUICK SUMMARY

Many loan programs can be made to borrowers who are not U.S. citizens when they have lawful residency, valid work authorization where the program requires it, and the same credit, income, and down payment evidence as anyone else, and the program guide and the documents in hand are the test.

Yes, a lot of non-citizens can get a mortgage in Texas, but which loan you can use depends on your status. If you hold a green card, you're generally treated like a U.S. citizen on conventional, FHA, and USDA loans. If you're here lawfully on a temporary basis, like a work visa or an Employment Authorization Document, conventional loans through Fannie Mae and Freddie Mac are still open on the same terms as citizens, but FHA isn't: HUD ended FHA eligibility for non-permanent residents for case numbers assigned on or after May 25, 2025. USDA follows its own federal definition, and some files fit better outside the agency box entirely.

Below I'll walk through how each program treats residency, what the underwriter actually looks at, and how to set up your file so status questions don't surface the week before closing. This isn't immigration advice. A mortgage file reads the documents you already have. It doesn't create or change a status, and for questions about your status itself, an immigration attorney is the right person.

The short version by program

  • Conventional (Fannie Mae and Freddie Mac): lawful permanent and non-permanent residents are eligible on the same terms as U.S. citizens.
  • FHA: lawful permanent residents and citizens of Micronesia, the Marshall Islands, and Palau are eligible on the same terms as citizens. Non-permanent residents are not eligible on case numbers assigned on or after May 25, 2025.
  • USDA guaranteed: each applicant must be a U.S. citizen, a U.S. non-citizen national, or a qualified alien under federal law.
  • VA: eligibility comes from qualifying service. How residency is handled on a specific VA file is something I'll confirm for your situation rather than guess.
  • Non-QM and ITIN: investor-written programs for files that don't fit agency rules.

Permanent residents (green card holders)

A lawful permanent resident holds a Permanent Resident Card, Form I-551, usually called a green card. On conventional, FHA, and USDA loans, a permanent resident qualifies on the same terms as a citizen, with the card documented in the file. For FHA, HUD says the file must include evidence of lawful permanent residence and must show you as a lawful permanent resident on the loan application (HUD 4000.1 II.A.1.b.ii(A)(9)(a)). U.S. citizenship itself isn't required for FHA (HUD 4000.1 II.A.1.b.ii(A)(8)).

A couple of practical points:

  • If your card is close to expiring or already expired, plan on showing proof of renewal, such as the USCIS receipt notice that extends the card's validity while the renewal is pending.
  • A conditional permanent resident card is issued for a limited period. Expect questions about whether the conditions are being removed, and bring the filing receipt if you've filed.
  • Your green card status doesn't change the credit, income, or down payment rules. Those apply exactly as they would for anyone else. If you want to see where you stand on credit, start with which credit scores matter for a mortgage (linked below).

Non-permanent residents

A non-permanent resident is someone lawfully in the United States on a temporary basis. That can include people on work visas, people in other visa categories with work authorization, and people with an Employment Authorization Document, Form I-766. Here's how the programs treat that group today.

Conventional loans

Fannie Mae buys loans made to non-U.S. citizens who are lawful permanent or non-permanent residents on the same terms as loans to U.S. citizens. Fannie doesn't list the exact documents. The lender decides what documentation shows you're legally present, and by delivering the loan, the lender warrants that you are (Fannie Mae Selling Guide B2-2-02). Freddie Mac's rule is similar: a non-U.S. citizen lawfully residing in the U.S. as a permanent or nonpermanent resident alien is eligible on the same terms as a citizen, and a borrower with no lawful residency status isn't (Freddie Mac Guide 5103.2).

That's why, for most work-visa and EAD borrowers, a conventional loan is the first place I look. HomeReady and Home Possible are conventional programs too, so the same residency rule applies to them.

FHA loans

Non-permanent residents are no longer eligible for FHA. HUD Mortgagee Letter 2025-09 removed the non-permanent resident section from the handbook entirely. Lenders could apply it right away, and it became mandatory for FHA case numbers assigned on or after May 25, 2025 (HUD ML 2025-09). The same letter applies the residency rules to FHA Streamline Refinances. The current handbook lists two eligible groups besides citizens: lawful permanent residents, and citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau (HUD 4000.1 II.A.1.b.ii(A)(9)).

One detail people miss: HUD says a Social Security card isn't enough to prove immigration or work status. Having a Social Security number doesn't settle the FHA question on its own.

If you read an older article saying FHA works with an EAD, it was written before this change. That's not a lender being difficult. It's HUD's current rule.

USDA guaranteed loans

For a USDA guaranteed loan, each applicant must be a U.S. citizen, a U.S. non-citizen national, or a qualified alien as federal law defines it (7 CFR 3555.151(b); 8 U.S.C. 1641). Lawful permanent residents are qualified aliens. USDA Rural Development also ended a temporary waiver, effective Mar 18, 2025, that had let some applicants qualify with a Social Security number and work authorization such as an EAD (USDA notice on non-citizen eligibility). USDA's handbook covers applicant documentation in Chapter 8 (HB-1-3555, Chapter 8). If your status is temporary, assume USDA is a hard question and let me read your actual documents against the current rule.

VA loans

VA home loan eligibility comes from qualifying military service and your Certificate of Eligibility (VA home loan eligibility; VA Lenders Handbook M26-7). If you're a veteran who isn't a citizen or permanent resident, I'm not going to guess how your file would be treated. Ask me, and I'll confirm how it applies to your specific situation before you count on it.

What the underwriter checks on a non-permanent resident file

On top of the ordinary credit, income, and asset review, expect the underwriter to look at:

  • Proof of lawful presence. A valid, unexpired document showing your status and, where needed, work authorization, like a visa with its supporting documents or an EAD card. On conventional loans, the lender decides which documents are appropriate.
  • A Social Security number. It's the usual identifier on agency loans and is used to pull credit and verify income. It isn't proof of status by itself.
  • Income that's likely to continue. Fannie Mae says borrowers who aren't citizens meet the same employment and income verification requirements as citizens. For income without a defined end date, a documented history generally lets the lender treat it as likely to continue. Income that does have a defined end date needs at least three years of documented continuance (Fannie Mae Selling Guide B3-3.1-01).
  • Your plans. If your job is tied to your visa, a job change can affect both your income and your status. Tell me before you write a contract, not after.

Lenders can still ask for more on an individual file, especially when an authorization expires soon after closing and there's no renewal filed. A history of renewals and a filed renewal with the receipt notice in hand both make the file easier to read.

Credit if you're new to the U.S.

Credit can be thin when you haven't been here long. A credit history from another country generally doesn't move onto a U.S. credit report. The usual paths are:

  • Building U.S. credit for a while before you apply.
  • Nontraditional credit, where the program allows it, using rent, utilities, insurance, and other recurring payments.
  • Adding a co-borrower with established U.S. credit, where the program allows it and their debts fit. See co-borrowers and cosigners for how that works.

Which of those is available depends on the program, so it's worth sorting out before you shop for homes.

Income from a U.S. job, a foreign job, or your own business

A paycheck from a U.S. employer, backed by pay stubs, W-2s, and U.S. tax returns, is ordinary income and is documented like anyone else's. On an employer-sponsored visa, the underwriter may ask how long the sponsorship runs, sometimes through a letter from your employer or your immigration documents.

Income from a foreign employer or foreign sources is harder. It typically needs U.S. tax returns showing it, translation where needed, and proof that it's stable and likely to continue. Cash income from abroad is very hard to document.

If you're self-employed on a temporary status, you face two sets of questions at once: the normal self-employment documentation rules, and whether your status allows that business income.

Down payment money from abroad

Funds from a foreign account can sometimes be used if they're documented, converted to U.S. dollars, and moved into a U.S. account, with statements showing the source and the transfer. Each guide sets its own documentation. Move the money early and keep the paper trail clean. My article on large deposits explains why the lender asks about money that shows up in your account.

ITIN and foreign national loans

If you file U.S. taxes with an Individual Taxpayer Identification Number and don't have a Social Security number, you're generally outside standard agency loans. ITIN mortgages are offered through non-QM investors, written to that investor's own guide, usually with tax returns filed under the ITIN. Requirements vary by investor and loan structure, so I don't publish minimums for them. I'd rather look at your actual file.

If you live outside the United States and want to buy here without U.S. residency, that's a foreign national program, which is a different product from a residency-based loan.

Timing a purchase around a renewal

Renewals and status changes often overlap with a home search. A few things help:

  • If your renewal is filed before you apply, bring the receipt notice. It gives the underwriter something to point to.
  • If the renewal is approved during the loan, the new card or notice needs to go into the file before closing.
  • If you have a pending application for permanent residence, it may help or complicate the file depending on the program and what documents you hold while it's pending. FHA, for example, needs lawful permanent resident status itself, not a pending application.

Give me those dates on our first call so we can set the closing date around them instead of finding a conflict in the last week.

Fictional example

These two files are made up to show how the rules play out.

Priya works for a Fort Worth engineering firm on a work visa. She has two years of U.S. tax returns, a U.S. credit file, and a history of renewals. A conventional loan fits: her file is underwritten like anyone else's, plus her status documents. She asked about FHA because a friend used it in 2023, but FHA isn't available to her today because she's a non-permanent resident.

Marco in Arlington has income from a company abroad, no U.S. credit, and work authorization that expires soon with no renewal filed. A bigger down payment alone doesn't fix that. His next step is getting the renewal filed and the income documented, or looking at whether an investor program fits.

Common mistakes

  • Assuming FHA still works with an EAD. It doesn't for case numbers assigned on or after May 25, 2025.
  • Treating a Social Security number as proof of status. HUD says it isn't.
  • Confusing status rules with down payment rules. Status decides which programs are open. Credit, income, and down payment rules then apply the same as for anyone.
  • Waiting to mention a renewal or job change. Both can affect the file. Early is easy, late is expensive.
  • Assuming every lender answers the same way. Some lenders add their own residency rules. Ours follows the agency guides here and doesn't add its own.

What to have ready

  • Your green card, visa, EAD, or other status documents, front and back, in clear copies.
  • Any pending renewal applications and receipt notices.
  • Your Social Security number, or your ITIN letter if that's what you have.
  • Pay stubs, W-2s, and two years of tax returns.
  • Statements for every account you'll use, including foreign accounts.
  • Your employer's contact for verification.

Next step

Send me what you hold today, green card, visa, or EAD, and I'll tell you which programs are open to you before you write an offer and what extra paperwork each one will want. Schedule a call, or when you're ready, start an application.

Related questions

Sources

Links checked Oct 21, 2026.

About the author: McKade Lively, NMLS 2704474, American Pacific Mortgage Corporation dba True North Home Loans, NMLS 1850.

Equal Housing Opportunity.

Last reviewed: Oct 2026

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McKade Lively, NMLS #2704474. Equal Housing Opportunity.