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Department of Housing and Urban Development (HUD) recently released new guidelines regarding eligibility requirements for non-permanent resident borrowers.
Here are the updated guidelines:
A Borrower who is a non-permanent resident may be eligible for FHA-insured financing provided:
- the Property will be the Borrower’s Principal Residence;
- the Borrower has a valid SSN, except for those employed by the World Bank, a foreign embassy, or equivalent employer identified by HUD;
the Borrower is eligible to work in the United States including H1B are now eligible for FHA loans, provided the borrower provides either:
- an Employment Authorization Document (USCIS Form I-766) showing that work authorization status is current;
- a USCIS Form I-94 evidencing H-1B status, and evidence of employment by the authorized H-1B employer for a minimum of one year;
- evidence of being granted refugee or asylee status by the USCIS; or
- evidence of citizenship of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau; and • the Borrower satisfies the same requirements, terms, and conditions as those for U.S. citizens
If the Employment Authorization Document (USCIS Form I-766) or evidence of H-1B status will expire within one year, a prior history of residency status renewals may need to be provided. If there are no prior renewals, the lender must determine the likelihood of renewal based on information from the employer or the USCIS.
A Borrower residing in the United States by virtue of refugee or asylee status granted by the USCIS must provide the following documentation:
- Employment Authorization Document (USCIS Form I-766) or USCIS Form I-94 indicating refugee or asylum status, or
- USCIS Form I-797 notice indicating approval of a USCIS Form I589, Application for Asylum or Withholding of Removal substantiating the refugee or asylee status.
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