I’m Michael DiVita — DRE #01372066 | NMLS #241655, DiVita Home Finance (DRE #01818285 | NMLS #323700), Tiburon, CA. I’ve been in California mortgage lending since 2000 and founded DiVita Home Finance in 2007. Call (800) 239-1103.
If you’re on an H-1B, L-1, O-1, or other work visa in California, you can get a mortgage — and in most cases, the process is similar to what a U.S. citizen would go through. The key variables are the remaining visa term, whether your lender requires permanent residency, and for larger loan amounts, which jumbo investors accept non-permanent residents. DiVita Home Finance has closed home loans for H-1B tech workers throughout the Bay Area, Silicon Valley, San Diego, and Los Angeles, and we know exactly which programs and investors work for your visa type.
Conventional Loans for H-1B Visa Holders
Fannie Mae and Freddie Mac both permit mortgages for non-U.S. citizens who are non-permanent residents — including H-1B, L-1, TN, O-1, and E-3 visa holders. The guidelines require: a valid Social Security number, documentation of lawful residence status and work authorization (I-797 approval notice, visa stamp, I-94 arrival record), income documentation (same as any borrower — W-2, tax returns, pay stubs), and for some lenders, a minimum remaining visa validity period. The most common sticking point is the visa expiration question.
The Visa Expiration Issue
| Visa Situation | Conventional (Fannie Mae) | Jumbo / Portfolio |
|---|---|---|
| Visa valid for 2+ years remaining | ✅ Standard approval | ✅ Most investors approve |
| Visa expiring within 12 months but renewal filed | ✅ Approved with I-797 approval notice for renewal | ⚠️ Lender-specific; need renewal documentation |
| Visa expired but I-485 (green card) pending | ✅ Fannie Mae allows — need EAD or other proof | ⚠️ Varies significantly by investor |
| H-1B with 3-year cap remaining | ✅ Generally fine — renewals routine in tech | ✅ Most tech-market investors understand H-1B renewal cycle |
| Visa stamp expired but I-94 still valid | ✅ I-94 controls status; visa stamp is travel document only | ⚠️ Educate the lender — common misunderstanding |
One of the most common errors: lenders confuse the visa stamp expiration with status expiration. Your H-1B visa stamp (in your passport) may be expired, but if your I-94 shows a valid admission and your I-797 approval notice is current, you are in valid status and fully eligible for a Fannie Mae loan. Many loan officers don’t know this distinction — and it results in unnecessary declines.
Jumbo Loans for H-1B Holders in the Bay Area
In Bay Area markets where a $1.5M–$3M purchase requires jumbo financing, visa status adds complexity. Jumbo portfolio lenders set their own non-permanent resident guidelines, and they vary widely. Some Bay Area jumbo investors have built specific H-1B programs because so much of the high-income tech workforce is on work visas. Others have blanket restrictions on non-permanent residents for loans above certain amounts.
DiVita Home Finance has mapped which jumbo investors actively approve H-1B borrowers in Bay Area price ranges. We match your visa type, loan amount, employer profile (established tech company vs. startup), and remaining visa term to the right investor before submission — not after a denial from a lender who didn’t understand your situation.
RSU and Stock Option Income: The Bay Area H-1B Challenge
Many H-1B tech workers in California receive a significant portion of their compensation as RSUs (Restricted Stock Units) or stock options. Using this income to qualify requires: a vesting schedule showing continued RSU income for at least 3 years, employer confirmation of ongoing equity grants, and documentation of vest history. Not all lenders count RSU income; those that do may limit what percentage of total income it can represent. For H-1B workers whose RSU income is essential to qualify for a Bay Area loan, lender selection is critical.
Other Work Visas: L-1, O-1, TN, E-3
L-1 (Intracompany transferee): Generally treated similarly to H-1B by most lenders. Strong employer backing is a positive factor. Renewal history matters for jumbo lenders. O-1 (Extraordinary ability): Less common and less understood by lenders. May require more explanation of visa type and renewal prospects. Available through investors familiar with entertainment, tech, and creative industry visa holders. TN (USMCA — Canada/Mexico): Renewable annually; some lenders nervous about the one-year term. However, TN renewal is routine and unrestricted in frequency — investors who understand TN visas close these loans without issue. E-3 (Australian specialty workers): Two-year renewable with no cap — generally well-received by jumbo investors as a stable visa category.
H-1B Visa Mortgage FAQ
Can H-1B visa holders get a mortgage in California?
Yes. Fannie Mae and most conventional lenders approve H-1B mortgage applications for non-permanent residents with valid status and a Social Security number. Jumbo loans require specific investors familiar with H-1B renewal cycles — DiVita Home Finance has these relationships.
Does my visa expiration date affect my mortgage application?
Your I-94 admission record and I-797 approval notice control your legal status — not your visa stamp. A visa stamp can be expired while your H-1B status remains valid. Many lenders incorrectly confuse these; DiVita works with lenders who understand the distinction.
Can I use RSU income to qualify for a mortgage as an H-1B holder?
Yes, with proper documentation: vesting schedule showing 3+ years of continued RSUs, employer confirmation of ongoing grants, and vest history. Not all lenders count RSU income — lender selection matters for H-1B tech workers with significant equity compensation.
What if my H-1B expires in less than a year?
If a renewal has been filed (I-797 receipt notice), Fannie Mae allows approval. Most jumbo investors accept borrowers with pending renewals when the employer is established and renewal is documented. We match you to investors who understand the H-1B renewal cycle.
For the complete guide, visit our H-1B Visa Mortgage California resource page.
Talk to Michael Directly
DiVita Home Finance | Tiburon, CA | In lending since 2000, founded DiVita Home Finance in 2007. Michael DiVita DRE #01372066 | NMLS #241655. Company DRE #01818285 | NMLS #323700.
💬 Text: (310) 849-9124
