Each mortgage program writes its own rule about non-citizens, and the three big ones now read very differently. FHA narrowed its rule in 2025. USDA follows a federal definition written for public benefits. Fannie Mae leaves the detail to the lender. Put side by side, they explain why the same buyer can hear yes from one program and no from another.
U.S. citizens, lawful permanent residents, and citizens of Micronesia, the Marshall Islands or Palau. Nobody else since May 25, 2025.
U.S. citizens, U.S. non-citizen nationals, or "qualified aliens" as defined in 8 U.S.C. 1641.
Lawful permanent or non-permanent residents on the same terms as citizens, with the lender deciding what documentation shows legal presence.
| Status | FHA | USDA | Fannie Mae conventional |
|---|---|---|---|
| Lawful permanent resident (green card) | Yes | Yes | Yes |
| Citizen of Micronesia, Marshall Islands or Palau | Yes | Yes, when lawfully residing under the Compact | Yes, if legally present |
| Granted asylum, or admitted as a refugee | No | Yes, listed as qualified aliens | Possible; lender decides documentation |
| Work visa (H-1B, L-1, O-1, TN, E-3 and similar) | No | No, not on the qualified alien list | Possible; lender decides documentation |
| DACA | No | No, not on the qualified alien list | Possible; Fannie does not name DACA |
| No lawful status | No | No | No; lender must warrant legal presence |
The USDA column follows the list in 8 U.S.C. 1641(b): permanent residents, people granted asylum, refugees, people paroled for at least a year, people whose deportation is withheld, certain Cuban and Haitian entrants, and Compact citizens lawfully residing in the U.S., among others. Work visas and DACA are not on that list.
Fannie Mae does not specify the precise documents a lender must collect. The lender decides legal presence case by case, and by selling the loan it warrants that the borrower is legally present. So each lender writes its own checklist, and two lenders can treat the same work permit differently. That is the space a broker works in.
Borrowers filing taxes with an ITIN usually fall outside all three columns and look at ITIN loan programs instead. Visa holders can read the detail at conventional loans on a work visa. For how the FHA rule changed, see the 2025 FHA rule.
Sources: HUD Handbook 4000.1 Update 17 II.A.1.b.ii(A)(9) and Mortgagee Letter 2025-09; 7 CFR 3555.151(b) and the "qualified alien" definition in 7 CFR 3555.10, which points to 8 U.S.C. 1641(b); Fannie Mae Selling Guide B2-2-02 (07/28/2015). Not legal or immigration advice. Not a commitment to lend.
Fifteen minutes on the phone tells you which documentation path you are on and what to gather next. No obligation, and the call costs nothing.