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. I’m known as a creative mortgage broker: when a bank says no, I find the lender and the loan structure that can say yes. Call (800) 239-1103.
Yes — H-1B and other work-visa holders can get a mortgage in California without a green card. Fannie Mae and Freddie Mac buy loans to lawfully present non-permanent residents on the same terms as U.S. citizens, so conventional loans with as little as 3%–5% down are possible, and many jumbo lenders lend to visa holders too. What changes is documentation: your lender will verify your status (I-797, I-94, EAD or visa) and may look at how much time remains on it. FHA is no longer available to non-permanent residents as of May 2025.
A big share of the Bay Area’s tech workforce is on H-1B, L-1, O-1, TN, or E-3 status, and many of my clients buy their first California home before their green card arrives. The loans are very doable. Where people get into trouble is with a lender that doesn’t understand visa documentation — or that treats an expired visa stamp as an expired status. Here’s how it actually works.
Which Loans Work for Visa Holders
| Loan type | Typical down payment | Notes for visa holders |
|---|---|---|
| Conventional (Fannie Mae / Freddie Mac) | 3%–5% and up | Available to lawfully present non-permanent residents on the same terms as citizens; lender documents legal presence. First-time buyers can qualify for 3% down programs. |
| High-balance conforming | 5%–10% and up | Loans up to $1,249,125 in Bay Area ceiling counties. |
| Jumbo | Often 10%–20%+ | Each lender sets its own non-permanent resident rules; some limit loan size or require more down or more reserves. |
| Non-QM (bank statement, asset-based) | Often 10%–20%+ | For 1099 contractors, self-employed visa holders, or complex income. |
| FHA | — | Not available: HUD removed non-permanent residents from FHA eligibility for case numbers assigned on or after May 25, 2025. |
What Lenders Will Ask For
- Proof of lawful status and work authorization: your I-797 approval notice, I-94 record, visa, and/or Employment Authorization Document (EAD).
- A Social Security number (most visa holders with work authorization have one) and a U.S. credit history. If your U.S. credit is thin, some programs accept alternative credit.
- Income documentation like any borrower: recent pay stubs, W-2s, and tax returns, typically covering two years of employment (some of it can be abroad if it’s documented).
- Assets: down payment, closing costs, and reserves. Money coming from overseas needs a clear paper trail — move it early. See large deposits and underwriting.
Visa Expiration: The Most Common Sticking Point
Fannie Mae and Freddie Mac leave the legal-presence determination to the lender, and many lenders add their own rules about how much time must remain on your status. Common approaches:
- Status valid well beyond closing: generally straightforward.
- Expiring soon, extension filed: many lenders accept an I-797 receipt or approval for the extension, especially with an established employer and a history of renewals.
- Green card in process: an approved I-140 or pending I-485 with a valid EAD often helps; lender rules vary.
- Visa stamp expired, status valid: the visa stamp in your passport is a travel document. Your status is shown by your I-94 and I-797. An expired stamp with a valid I-94 and I-797 does not mean you’re out of status — but some loan officers don’t know that, and it causes unnecessary declines.
Jumbo lenders are the most variable here, which is why I match your visa type, remaining term, employer, and loan size to the right lender before submitting.
Other Visa Types
- L-1 (intracompany transferee): generally treated like H-1B. L-1A and L-1B have maximum total stays, so the remaining period matters more to some lenders.
- O-1 (extraordinary ability): granted for up to three years initially, with extensions. Less familiar to some lenders; documentation of ongoing work helps.
- TN (Canada/Mexico under USMCA): granted in periods of up to three years and renewable without a lifetime cap. Lenders that understand TN renewals close these routinely.
- E-3 (Australia): two-year periods, renewable indefinitely.
- H-4 EAD and other EAD holders: can qualify on their own income with a valid EAD; a spouse’s H-1B income can also be used if they’re on the loan.
If you don’t have work authorization or an SSN, see ITIN mortgages; if you live abroad, see foreign national mortgages.
RSU and Bonus Income
Many visa holders in tech are paid heavily in RSUs and bonuses. Lenders can count them, but the rules are specific: typically a history of receiving that income plus evidence that future vesting continues (your grant and vesting schedule), with the value calculated conservatively. Not every lender counts RSUs the same way, and on a Bay Area jumbo that can be the difference between qualifying and not. See RSU and equity compensation mortgages.
Where I Help Visa Holders Buy
- Bay Area and Silicon Valley: San Jose, Sunnyvale, Santa Clara, Mountain View, Cupertino, Fremont, San Francisco, and Marin — often high-balance or jumbo. See 2026 loan limits.
- Los Angeles and the South Bay: Culver City, El Segundo, Torrance, Manhattan Beach.
- San Diego: Sorrento Valley, Mira Mesa, Scripps Ranch.
Frequently Asked Questions
Can H-1B visa holders get a mortgage in California?
Yes. Fannie Mae and Freddie Mac buy loans to lawfully present non-permanent residents on the same terms as U.S. citizens, and many jumbo lenders also lend to visa holders. You’ll need proof of status and work authorization, U.S. credit, and standard income documentation.
Do I need a green card to buy a home?
No. H-1B, L-1, O-1, TN, E-3, and EAD holders can qualify for conventional and many jumbo loans without a green card.
Can I get an FHA loan on an H-1B?
Not anymore. HUD removed non-permanent residents from FHA eligibility for FHA case numbers assigned on or after May 25, 2025. Conventional loans with 3%–5% down are usually the alternative.
What if my visa expires soon?
Many lenders accept a filed or approved extension (I-797), an approved I-140, or a pending green card application with a valid EAD. Rules vary by lender, especially for jumbo loans.
My visa stamp is expired. Does that matter?
Not by itself. The visa stamp is a travel document; your status is shown by your I-94 and I-797. If those are valid, you’re in status, though you may need to explain this to a lender.
Can I use RSU income to qualify?
Often yes, with a history of receiving the RSUs and documentation that future vesting continues. How much counts depends on the lender and program.
Related Resources
- RSU and Equity Compensation Mortgages
- Foreign National Mortgages
- ITIN Mortgages
- California Jumbo Loans
- First-Time Home Buyer Programs
- Mortgage Pre-Approval Checklist
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
Official Sources & References
- Fannie Mae Selling Guide B2-2-02: Non-U.S. Citizen Borrower Eligibility
- HUD Mortgagee Letter 2025-09: FHA Residency Requirements
- U.S. Customs and Border Protection: I-94 Arrival/Departure Record
- USCIS: H-1B Specialty Occupations
This is general mortgage information, not immigration advice. Lender requirements vary.
