Allowable Immigration Status - Non-Resident Alien

Created by Michael Dozois, Modified on Wed, 19 Mar at 3:15 PM by Mariela Aparicio

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 VA loans, with the exception of DACA recipients.

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 FHA 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	By exception only
A-2	Foreign Government Officials (Embassy or Consulate)	By exception only
A-3	Employee of A-1 or A-2 (Spouse/Child of A-3)	By exception only
B-1	Business Visitor	Ineligible
B-2	Tourism	Ineligible
BC-1	Broadcaster Employed by the International Broadcasting Bureau	By exception only
BC-2,3	Spouse or Child of BC-1	By exception only
BCC	Border Crossing: Mexico	Ineligible
B-11, B-16	Unmarried Child of U.S. Citizen	By exception only
B-12, B-17	Child of B-11 or B-16	By exception only
B-31, B-33	Married Child of U.S. Citizen (B-33 Child of B-31)	By exception only
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	By exception only
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)	By exception only
E-3	Specialty Occupation - Australia	By exception only
E-3D	Spouse or Child of E-1, E-2, E-3	By exception only
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	By exception only
G-2	Representative of a Recognized Foreign Government	By exception only
G-3	Representative of a Non-Recognized Foreign Government	By exception only
G-4	Appointment-Designated International Organization	By exception only
G-5	Employee of G-1, G-2, G-3, G-4	By exception only
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	By exception only
H-2A	Temp or Seasonal Agricultural Worker	By exception only
H-2B	Non-Agricultural Worker	By exception only
H-3	Trainee other than medical or academic	By exception only
H-4	Spouse or child of H-1B	By exception only, H-1B Visa holder must be on loan
I	Foreign Media (press, radio, film)	By exception only
IR1	Spouse of US Citizen (Married <2 years)	By exception only
CR1/CR6	Spouse of US Citizen (Married >2 years)	By exception only
J-1	Student Exchange	By exception only, borrower must be in a long-term program such as: Professor/Research Scholar Physician Teacher
J-2	Spouse or Child of J-1	By exception only, eligible if J-1 holder is in a long-term program
K-1	Fiancé(e) of US Citizen	By exception only, U.S. Citizen must be on loan
K-2	Child of K-1	Ineligible
K-3	Spouse of US Citizen	By exception only, U.S. Citizen must be on loan
K-4	Child of K-3	By exception only, 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	By exception only
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	By exception only
NATO-2	Adviser	By exception only
NATO-3	Clerical staff	By exception only
NATO-4	Member	By exception only
NATO-5	Expert	By exception only
NATO-6	Civilian	By exception only
NATO-7	Employee of NATO 1-6	By exception only
O-1	Extraordinary Ability in Analysis, Business, Education	By exception only
O-2	Assistant of O-1	By exception only
O-3	Spouse or Child of O-1 or O-2	By exception only
P-1A	Internationally Recognized Athlete	By exception only
P-1B	Internationally Recognized Artist	By exception only
P-2	Performer	By exception only
P-3	Entertainer	By exception only
P-4	Spouse or Child of P-1A/ P-3	By exception only, P-1A or P-3 holder must be on loan
Q-1	International Cultural Exchange Program	Ineligible
R-1	Religious Occupation	By exception only
R-2	Spouse or Child of R-1	By exception only, R-2 holder must be on loan
S-1/S-2 (same as S-5, S-6)	Informant	By exception only
S-7	Spouse or Child of S-1 - S-6	By exception only
T-1	Victim: Human Trafficking	By exception only
T-2	Spouse of T-1	By exception only
T-3	Child of T-1	By exception only
T-4	Parent of an under 21 year old T-1	By exception only
TN, TC	Professional under NAFTA: Mexico or Canada	Eligible
TD	Spouse or Child of TN	By exception only
U-1	Victim of Criminal Activity	By exception only
U-2	Spouse of U-1	By exception only
U-3	Child of U-1	By exception only
U-4	Parent of an under age 21 U-1	By exception only
WB	Business Visitor: Visa Waiver Program	Ineligible
WT	Tourist Visitor: Visa Waiver Program	Ineligible
V-1	Spouse (C-21)	By exception only
V-2	Child (C-25)	By exception only
V-3	The derivate child of V-1 or V-2	By exception only

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	By exception only; please reference Asylees and Refugees section of this policy for more details.
A04	Paroled as refugee	By exception only
A05	Asylee (granted asylum)	By exception only; please reference Asylees and Refugees section of this policy for more details.
A06	K-1 nonimmigrant fiancé(e) of U.S. Citizen Child of K-1 recipient	By exception only
A07	N-8 Parent of international organization employee granted permanent residence N-9 Dependent child of international organization employee granted permanent residence	Ineligible
A08	Citizen of Micronesia, the Marshall Islands or Palau admitted as a nonimmigrant	Ineligible
A09	K-3 nonimmigrant spouse of U.S. Citizen K-4 child of K-3	Ineligible
A10	Granted withholding of Deportation or Removal	Ineligible
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	V-1 spouse of lawful permanent resident V-2 minor unmarried child of lawful permanent resident V-3 minor unmarried child of V-1 or V-2	By exception only
A16	T-1 nonimmigrant (victims of severe form of trafficking)	By exception only
A17	Spouse of E-1/E-2 Treaty Trader/Investor Spouse of E-3 specialty occupation professional from Australia	By exception only
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	By exception only
A19	U-1 nonimmigrant (victims of certain criminal activity)	By exception only
A20	U-2 spouse of U-1 aliens U-3 children of U-1 aliens U-4 parents of minor U-1 aliens (16 or under) U-5 unmarried sibling under age 18 of U-1 alien under age 21	By exception only
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)	By exception only
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	By exception only
C09	Adjustment of status applicant	By exception only
C10	Nicaraguan Adjustment and Central American Relief Act (NACARA) section 203 applicants Applicant for suspension of deportation Applicant for cancellation of removal	Ineligible
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	Ineligible
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	By exception only
C22	Alien who has filed a completed legalization application under INA 245A	Ineligible
C24	LIFE legalization applicant	Ineligible
C25	T-2 spouse of T-1, victim of trafficking T-3 child of T-1 T-4 parent of T-1 (if T-1 is under age 21)	By exception only
C26	Spouse or Child of H-1B	Ineligible
C31	Principal beneficiary of an approved VAWA self-petition Qualified child of a beneficiary of an approved VAWA self-petition	By exception only
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.