You've lived in the US for years on H-1B, your rent keeps going up, and you're wondering whether you can buy. The short answer is yes. The longer answer is about what lenders look at, and what happens if your job ends.
As of November 2, 2026, here is how it works.
- No federal law bars H-1B workers or green card holders from owning US property.
- Fannie Mae buys loans to lawful permanent and non-permanent residents on the same terms as citizens.
- Fannie Mae leaves the documents used to verify legal presence to the lender.
- Regulation B lets a creditor consider an applicant's immigration status.
- After an H-1B job loss, the regulatory grace period is up to 60 days or the end of the validity period.
- Green card holders keep their status after a job loss, which lenders may view differently.
Can H-1B and green card holders buy a house?
Yes. No federal law ties owning a home to citizenship, and Fannie Mae, which buys mortgages from lenders, treats noncitizen borrowers like citizens. Its Selling Guide says it "purchases and securitizes mortgages made to non–U.S. citizens who are lawful permanent or non-permanent residents of the United States under the same terms that are available to U.S. citizens" (Fannie Mae Selling Guide, B2-2-02).
Non-permanent residents are noncitizens lawfully in the US in a temporary status, such as H-1B. Lawful permanent residents are green card holders. If family in India is helping with the down payment, our guide to Form 3520 for gifts from parents explains the IRS reporting rule.
How does the lender check your status?
It decides. Fannie Mae "does not specify the precise documentation the lender must obtain to verify that a non–U.S. citizen borrower is legally present in the United States." Instead, "the lender must make a determination of the non–U.S. citizen's status based on the circumstances of the individual case, using documentation it deems appropriate" (Fannie Mae Selling Guide, B2-2-02).
So documents vary by lender. Have these ready:
- Passport and visa stamp.
- I-797 approval notice and I-94.
- Pay stubs, W-2s and tax returns.
- An employer letter, if the lender asks for one.
- For green card holders, the card itself.
Can a lender consider your visa?
Yes. Regulation B, which carries out the Equal Credit Opportunity Act, says "a creditor may consider the applicant's immigration status or status as a permanent resident of the United States, and any additional information that may be necessary to ascertain the creditor's rights and remedies regarding repayment" (12 CFR 1002.6(b)(7), eCFR).
What a lender may not do is treat you differently because of where you come from. The same section says that "except as otherwise permitted or required by law, a creditor shall not consider race, color, religion, national origin, or sex."
In practice, that means an H-1B application can draw questions about how long your status runs, whether an extension or green card is in progress, and how steady your income is. A green card holder usually faces fewer of these, because permanent residence doesn't end with a job. If you hold a second H-1B job, our guide to concurrent H-1B employment explains how that works.
What happens if you lose your H-1B job?
Your loan doesn't change, but the clock starts. The regulations say an H-1B worker isn't considered out of status solely because the job ended "for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter," and that "DHS may eliminate or shorten this 60-day period as a matter of discretion" (8 CFR 214.1(l)(2), eCFR).
That is the real risk in buying on H-1B: a mortgage payment that continues through a job search with a short deadline. Our guide to what to do after an H-1B layoff covers the options in those 60 days. If you have a pending I-485, our guide to layoffs during a pending I-485 explains how job portability can help. Our guide to health insurance after an H-1B layoff covers the other urgent clock.
- Keep several months of mortgage payments in savings.
- Know your I-94 date and your extension timeline.
- Avoid buying right before a job change if you can.
Does it matter if your I-485 is pending?
It can help the lender's view, since it shows you're on the path to permanent residence. But until approval, you are still a non-permanent resident. Our guide to the H-1B to green card timeline shows where the long waits are.
What if you move abroad later?
If you later move abroad while owning a US home, plan for the tax side with a tax professional. Green card holders have an added risk: long absences can raise questions about whether they've abandoned their status. Our guide to maintaining permanent residence explains those risks.
What this means for you
- H-1B and green card holders can buy homes and get conventional loans.
- Each lender sets its own document list for proving legal presence.
- Lenders can consider your status, but not your national origin.
- Plan for the 60-day grace period if you're on H-1B.
- A green card removes most status questions from the process.
Where to start
Many H-1B buyers wait for a green card to remove the job-loss risk. If a faster route would help, our free evaluation at /evaluate/ checks whether EB-1A or the NIW fits your profile, and Frank, our AI assistant at /frank, helps you build the evidence. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked November 2, 2026.
- Fannie Mae Selling Guide, B2-2-02, Non–U.S. Citizen Borrower Eligibility Requirements (guide published October 7, 2026). Same terms; lender verifies status.
- 12 CFR 1002.6 (eCFR, current text). Immigration status; national origin.
- 8 CFR 214.1 (eCFR, current text). 60-day grace period.
Frequently asked questions
Can H-1B visa holders buy a house in the US?
Yes. Ownership isn't restricted by immigration status, and Fannie Mae says it buys mortgages made to lawful non-permanent residents under the same terms available to US citizens. Each lender decides what documents prove legal presence, and federal credit rules let it consider your immigration status, so expect to show your visa, I-797 and employment history.
Can green card holders get a mortgage?
Yes. Fannie Mae's guide covers lawful permanent residents under the same terms as US citizens. In practice, a green card holder has fewer status questions than an H-1B worker, because permanent residence doesn't end with a job. Lenders still check income, credit and debts like for any borrower.
Can a lender deny me because I'm on H-1B?
Lenders can consider immigration status. Regulation B, which implements the Equal Credit Opportunity Act, says a creditor may consider an applicant's immigration status and any information needed to ascertain its rights and remedies regarding repayment. It separately bars discrimination based on national origin. So status is a legitimate factor, but where you're from is not.
What happens to my mortgage if I lose my H-1B job?
Your loan terms don't change because your status does, but your ability to pay and to stay may. The regulations give H-1B workers a grace period of up to 60 days, or until the end of the authorized validity period if shorter, to find a new sponsor or change status. Keep savings to cover the mortgage through that period.
Should I wait for my green card before buying?
That's a personal and financial decision, not a legal requirement. Some H-1B buyers wait for the green card to reduce the job-loss risk and the lender's questions. Others buy earlier if their income is stable and they have savings. If your I-485 is pending, plan for how a layoff could affect both the case and the loan.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
