Non-Resident Alien Borrowers
General Requirements
Non-Permanent Residents are non-United States citizens who lawfully enter the U.S. for specific time periods under the terms of a Visa. A non-permanent resident status may or may not permit employment.
A valid Visa is required in order to determine lawful residence in the United States. If a non-permanent resident borrower will be utilizing their income to qualify for a mortgage, a valid Employment Authorization Document (EAD) must accompany their Visa.
All borrowers must have a valid Social Security Number and may not have diplomatic immunity.
Non-Permanent Resident borrowers are not eligible for FHA loans, with the exception of citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau that have an EAD Category Code A08.
Non-Permanent Resident borrowers are not eligible for VA loans, with the exception of DACA recipients.
USDA only accepts EADs coded: A1, A3, A5, A10, C11EAD. All other EADs are ineligible.
All questions regarding non-permanent resident borrowers can be sent to the Deal Desk (exceptions@loansimple.com) for further assistance.
Asylees and Refugees
Individuals granted asylum or refugee status by the U.S. are eligible for a loan by exception only.
Borrowers residing in the U.S. as an asylee as granted by the USCIS must provide:
- Valid Form I-94 Arrival/Departure Record with class of admission as 208 and stamped as “asylum granted” or a signed, stamped court decision indicating the immigration judge has granted asylum if the stamp on the I-94 has not yet occurred or Form I-797 Application for Asylum or Withholding of Removal substantiating the asylee status; and
- A current, valid EAD with a category code of A05
Borrowers residing in the U.S. as a refugee as granted by the USCIS must provide:
- Valid Form I-94 Arrival/Departure Record with class of admission as 207 and a refugee admission stamp or Form I-797 Application for Asylum or Withholding of Removal substantiating the refugee status; and
- A current, valid EAD with a category code of A03
Deferred Action for Childhood Arrivals (DACA)
DACA recipients are eligible for AUS Approved loans with the following requirements:
- Conventional- Fannie Mae, and VA only.
- Freddie Mac not eligible.
- Requires manual lock. Contact Lock Desk for product specific pricing.
- Borrower must have a valid Social Security Number
- Borrower must be eligible to work in the U.S., as evidenced by a valid C33 EAD
Individual Taxpayer Identification Number (ITIN)
Borrowers with an ITIN are not eligible for any product types but are eligible for non-QM program financing.
Visa and EADs Expiring Within 3 Months of Closing
If the authorization for non-permanent residency status will expire within 3 months of closing, confirmation from the United States Citizen and Immigration Service (USCIS) that the borrower and/or employer has filed for a petition of extension or renewal is required.
If the borrower can provide proof of prior residency renewals, it can be assumed that continuation will be granted. If there is no history of prior renewals, the likelihood of renewal based on information from USCIS must be substantiated.
For EAD: Form I-765. Check for active processing status at https://egov.uscis.gov/casestatus/landing.do
For Visa: Form I-797 Notice of Action/Notice of Approval form with valid extension dates and Form I-94 Arrival/Departure Receipt must be provided
Visa and EADs Expiring Within 1 Year of Closing
If the authorization for non-permanent residency status will expire within a year of closing an LOE must be obtained either from:
- the employer verifying continued sponsorship, or
- the borrower stating their intention to remain in the country
Visa Eligibility Table
Visa Type | Visa Code Definition | Eligibility |
A-1 | Foreign Government Officials | Eligible |
A-2 | Foreign Government Officials (Embassy or Consulate) | Eligible |
A-3 | Employee of A-1 or A-2 (Spouse/Child of A-3) | Eligible |
B-1 | Business Visitor | Ineligible |
B-2 | Tourism | Ineligible |
BC-1 | Broadcaster Employed by the International Broadcasting Bureau | Ineligible |
BC-2,3 | Spouse or Child of BC-1 | Ineligible |
BCC | Border Crossing: Mexico | Ineligible |
B-11, B-16 | Unmarried Child of U.S. Citizen | Ineligible |
B-12, B-17 | Child of B-11 or B-16 | Ineligible |
B-31, B-33 | Married Child of U.S. Citizen (B-33 Child of B-31) | Ineligible |
C-1 | Transit to the US | Ineligible |
C-2 | Transit to the United Nations | Ineligible |
C-3 | Transit to the US (Government Officials) | Ineligible |
C-4 | Transit (Department of Homeland Security) | Ineligible |
C-5, C-51 | Employment Creation | Eligible |
CD | Transit (Certified Crew Member) | Ineligible |
D-1 | Transit (Certified Crew Member- sea or air) | Ineligible |
D-2 | Transit (Certified Crew Member- fishing) | Ineligible |
E-1 | Treaty Trader (Employee, Spouse, Child) | Eligible |
E-2 | Treaty Investor (Employee, Spouse, Child) | Eligible |
E-3 | Specialty Occupation - Australia | Eligible |
E-3D | Spouse or Child of E-1, E-2, E-3 | Eligible |
F-1 | Academic Student | Ineligible |
F-2 | Spouse or Child of F-1 | Ineligible |
F-3 | Academic Commuter- Canada or Mexico | Ineligible |
G-1 | Mission Member - International Organization | Eligible |
G-2 | Representative of a Recognized Foreign Government | Eligible |
G-3 | Representative of a Non-Recognized Foreign Government | Eligible |
G-4 | Appointment-Designated International Organization | Eligible |
G-5 | Employee of G-1, G-2, G-3, G-4 | Eligible |
H-1B | Specialty Occupation | Eligible |
H-1B1 | Specialty Occupation: Chile or Singapore | Eligible |
H-1B2 | Specialty Occupation: U.S. Department of Defense | Eligible |
H-1B3 | Fashion Model | Eligible |
H-1C | Registered Nurse | Eligible |
H-2A | Temp or Seasonal Agricultural Worker | Eligible |
H-2B | Non-Agricultural Worker | Eligible |
H-3 | Trainee other than medical or academic | Eligible |
H-4 | Spouse or child of H-1B | Eligible, H-1B Visa holder must be on loan |
I | Foreign Media (press, radio, film) | Eligible |
IR1 | Spouse of US Citizen (Married <2 years) | Eligible |
CR1/CR6 | Spouse of US Citizen (Married >2 years) | Eligible |
J-1 | Student Exchange | Ineligible |
J-2 | Spouse or Child of J-1 | Ineligible |
K-1 | Fiancé(e) of US Citizen | Eligible, U.S. Citizen must be on loan |
K-2 | Child of K-1 | Ineligible |
K-3 | Spouse of US Citizen | Eligible, U.S. Citizen must be on loan |
K-4 | Child of K-3 | Eligible, U.S. Citizen must be on loan |
L-1A | Intracompany Transfer (Managerial or Executive) | Eligible |
L-1B | Intracompany Transfer (Specialized) | Eligible |
L-2 | Spouse or Child of L-1A or L-1B | Eligible, L-1 Visa Holder must be on loan |
M-1 | Vocational Student | Ineligible |
M-2 | Spouse or Child of M-1 | Ineligible |
M-3 | Vocational Student: Canada or Mexico | Ineligible |
NATO-1 | Official Staff | Eligible |
NATO-2 | Adviser | Eligible |
NATO-3 | Clerical staff | Eligible |
NATO-4 | Member | Eligible |
NATO-5 | Expert | Eligible |
NATO-6 | Civilian | Eligible |
NATO-7 | Employee of NATO 1-6 | Eligible |
O-1 | Extraordinary Ability in Analysis, Business, Education | BEligible |
O-2 | Assistant of O-1 | Eligible |
O-3 | Spouse or Child of O-1 or O-2 | Eligible |
P-1A | Internationally Recognized Athlete | Eligible |
P-1B | Internationally Recognized Artist | Eligible |
P-2 | Performer | Eligible |
P-3 | Entertainer | Eligible |
P-4 | Spouse or Child of P-1A/ P-3 | Eligible, P-1A or P-3 holder must be on loan |
Q-1 | International Cultural Exchange Program | Ineligible |
R-1 | Religious Occupation | Eligible |
R-2 | Spouse or Child of R-1 | Eligible, R-2 holder must be on loan |
S-1/S-2 (same as S-5, S-6) | Informant | Eligible |
S-7 | Spouse or Child of S-1 - S-6 | Eligible |
T-1 | Victim: Human Trafficking | Eligible |
T-2 | Spouse of T-1 | Eligible |
T-3 | Child of T-1 | Eligible |
T-4 | Parent of an under 21 year old T-1 | Eligible |
TN, TC | Professional under NAFTA: Mexico or Canada | Eligible |
TD | Spouse or Child of TN | Eligible |
U-1 | Victim of Criminal Activity | Eligible |
U-2 | Spouse of U-1 | Eligible |
U-3 | Child of U-1 | Eligible |
U-4 | Parent of an under age 21 U-1 | Eligible |
WB | Business Visitor: Visa Waiver Program | Ineligible |
WT | Tourist Visitor: Visa Waiver Program | Ineligible |
V-1 | Spouse (C-21) | Eligible |
V-2 | Child (C-25) | Eligible |
V-3 | The derivate child of V-1 or V-2 | Eligible |
EAD Eligibility Table
EAD Code | EAD Code Definition | Eligibility |
A02 | A lawful temporary resident pursuant to sections 245A or 210 of the INA | Ineligible |
A03 | Refugee | Eligible; please reference Asylees and Refugees section of this policy for more details. |
A04 | Paroled as refugee | Eligible |
A05 | Asylee (granted asylum) | Eligible; please reference Asylees and Refugees section of this policy for more details. |
A06 |
| Eligible |
A07 |
| Ineligible |
A08 | Citizen of Micronesia, the Marshall Islands or Palau admitted as a nonimmigrant | Eligible |
A09 |
| Ineligible |
A10 | Granted withholding of Deportation or Removal | Eligible |
A11 | Deferred Enforced Departure (DED) | Ineligible |
A12 | Temporary Protected Status (TPS) granted under 8 CFR 244.12 | Ineligible |
A13 | IMMACT Family Unity beneficiary (Section 301 of the Immigration Act of 1990) | Ineligible |
A14 | LIFE Act Family Unity beneficiary (Section 1504 of the Legal Immigrant Family Equity Act Amendments) | Ineligible |
A15 |
| Eligible |
A16 | T-1 nonimmigrant (victims of severe form of trafficking) | Eligible |
A17 |
| Eligible |
A18 | L-2 spouse of an L-1 intracompany transfer (L-1: Individuals in the U.S. who have been transferred from a subsidiary, affiliate, or branch office overseas to the U.S. to work in an executive, managerial or specialized knowledge capacity | Eligible |
A19 | U-1 nonimmigrant (victims of certain criminal activity) | Eligible |
A20 |
| Eligible |
C01 | Dependent of A-1 or A-2 foreign government official | Ineligible |
C02 | Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 nonimmigrant | Ineligible |
C03A | Pre-completion OPT F-1 students | Ineligible |
C03B | Post-completion OPT F-1 students | Ineligible |
C03C | 17 month extension for Science, Technology, Engineering, or Mathematics (STEM) OPT students | Ineligible |
C03 (ii) | F-1 student offered off-campus employment under the Sponsorship of Qualifying International Organization | Ineligible |
C03 (iii) | F-1 student seeking off-campus employment due to severe economic hardship | Ineligible |
C04 | Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents) | Eligible |
C05 | J-2 spouse or minor child of a J-1 exchange visitor | Ineligible |
C06 | M-1 student seeking practical training after completing studies | Ineligible |
C07 | Dependent of NATO-1 through NATO-7 nonimmigrant | Ineligible |
C08 | Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995 | Eligible |
C09 | Adjustment of status applicant | Eligible |
C10 |
| Eligible |
C11 | An alien paroled into the United States in the public interest or temporarily for emergency reasons | Ineligible |
C12 | Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only | Ineligible |
C14 | Alien granted deferred action | Eligible |
C16 | Registry applicant based on continuous residence since January 1, 1972 | Ineligible |
C17 (i) | B-1 nonimmigrant who is the personal or domestic servant of a nonimmigrant employer | Ineligible |
C17 (ii) | B-1 nonimmigrant domestic servant of a U.S. citizen | Ineligible |
C17 (iii) | B-1 nonimmigrant employed by foreign airline | Ineligible |
C18 | Alien with a final order of deportation/order of supervision; | Ineligible |
C19 | Temporary Protected Status applicant under 8 CFR 244.5 | Ineligible |
C20 | Alien who has filed a completed legalization application for special agricultural workers | Eligible |
C22 | Alien who has filed a completed legalization application under INA 245A | Ineligible |
C24 | LIFE legalization applicant | Ineligible |
C25 |
| Eligible |
C26 | Spouse or Child of H-1B | Ineligible |
C31 |
| Eligible |
C33 | An alien who has been grated Deferred Action for Childhood Arrivals (DACA) | Eligible, please refer to DACA section of this policy for more details. |
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