Buying a Home in San Jose on a Work Visa: What H-1B, L-1, and O-1 Holders Should Verify Before They Offer

Yes, you can buy a home in San Jose on a work visa. Neither federal law nor California law requires U.S. citizenship or a green card to own real property, and conventional mortgage programs through Fannie Mae and Freddie Mac are available to non-permanent residents, including H-1B, L-1, and O-1 holders, under the same terms as U.S. citizens. What did change is FHA financing: as of May 25, 2025, HUD eliminated FHA loan eligibility for non-permanent resident borrowers, so if you were counting on an FHA loan, you'll want to plan around a conventional loan instead. Here's what I'd verify before you make an offer.

Can You Legally Buy a Home in San Jose Without U.S. Citizenship?

Yes. There is no federal or California requirement that you be a U.S. citizen or a lawful permanent resident to purchase real property. Lenders and title companies care about your legal presence in the country, your income, your credit, and your ability to close, not your citizenship status. This applies whether you're on an H-1B, L-1, O-1, or a similar work visa.

Has FHA Financing Changed for Visa Holders? What to Know for 2026

Yes, and this is one of the most important recent changes for exactly this audience. Under HUD Mortgagee Letter 2025-09, FHA eliminated eligibility for non-permanent resident borrowers, effective for FHA case numbers assigned on or after May 25, 2025. Only lawful permanent residents, plus citizens of a small number of nations with specific compact agreements with the U.S., remain FHA-eligible. If you're on an H-1B, L-1, O-1, or another work visa, FHA is no longer an option, and your search should be built around conventional financing from the start.

Can You Still Get a Conventional Loan on a Work Visa?

Generally, yes. Fannie Mae's Selling Guide allows loans for non-U.S. citizens, including non-permanent residents, "under the same terms that are available to U.S. citizens," provided you're legally present in the country. Fannie Mae doesn't dictate one fixed document checklist. Instead, it leaves the specific documentation to the lender's judgment based on your individual circumstances. In practice, that typically means your lender will want to see your visa or work authorization, a valid Social Security number, and the same income, asset, and credit documentation any buyer provides.

What Do Lenders Typically Want to See About Your Visa Status?

Beyond Fannie Mae and Freddie Mac's baseline guidelines, individual lenders layer on their own requirements, so what you'll be asked for varies by lender.

• It's common for a lender to want your visa valid through closing, and some want a reasonable expectation that it will be renewed or extended, particularly for time-limited, employer-tied visas like H-1B.
• Because H-1B status is tied to a specific employer and role, a pending job change, where an employer's petition stands (for example green card sponsorship in progress), or how close you are to a program's time limit can all factor into what a lender wants documented. None of this makes you ineligible, but it's exactly the kind of thing to raise with a loan officer before you get attached to a specific home, not after you're already in contract.
• If your visa is approaching a renewal window, ask your loan officer directly how their underwriting handles that, since practice genuinely differs from lender to lender.

What If You Don't Have a Social Security Number Yet?

If you're legally employed in the U.S., you should already have a Social Security number, since it's required to be paid through standard U.S. payroll. If you're in a situation where you genuinely don't have one yet, ITIN-based "foreign national" loan programs exist outside the standard Fannie Mae and Freddie Mac system. They typically come with different rates, larger down payment requirements, and different documentation than a conventional loan. This is a narrower path than most H-1B, L-1, or O-1 employees will need, and it's worth a dedicated conversation with a lender who specializes in it if it applies to you.

What Should You Verify Before You Make an Offer in San Jose?

Once you understand the financing landscape, the rest of the process is close to what any buyer should verify, with a few visa-specific additions.

• Get pre-approved with a lender who has real, specific experience underwriting non-permanent resident borrowers, not one who says they'll "figure it out" once you're in contract. Ask directly how they treat your visa type, your remaining validity, and your income documentation.
• If any portion of your down payment is coming from overseas, ask your lender how they need that source documented before you move the funds.
• Get current on San Jose's buying process itself, from touring through closing, in our San Jose home-buying process guide.
• Check current market conditions in our San Jose housing market guide before you start touring, since conditions can shift by neighborhood and price point.
• Understand which contingencies protect you before you consider waiving any of them to compete for a home.
• If you're newly relocated and still deciding whether to rent for a while first, I've written separately about renting versus buying when you're new to San Jose.

If You're Also Selling a Home in Another Country or State

Some relocating buyers are financing a San Jose purchase partly with proceeds from a home they're selling elsewhere, whether that's another U.S. state or abroad. If that's your situation, the timing of that sale and this purchase should be planned together, not treated as two separate transactions. I work with clients on both sides of that kind of move, and it's worth a conversation early rather than after you've found a home.

Frequently Asked Questions

Do I need a green card or U.S. citizenship to buy a house in San Jose?

No. Neither federal nor California law requires citizenship or permanent residency to purchase real property. Lenders evaluate your legal presence, income, credit, and down payment instead.

Can H-1B visa holders get FHA loans in 2026?

No. As of May 25, 2025, HUD eliminated FHA loan eligibility for non-permanent resident borrowers under Mortgagee Letter 2025-09. Conventional financing through Fannie Mae or Freddie Mac is the path for H-1B, L-1, and O-1 holders now.

Will my visa's expiration date affect my mortgage approval?

It can. Fannie Mae and Freddie Mac don't set a single national rule on this, so individual lenders set their own requirements, and many want to see your visa valid through closing with a reasonable expectation of renewal. Ask your loan officer directly how they handle your specific visa type and timeline.

Can I buy a home in San Jose if I don't have a Social Security number?

If you're legally working in the U.S., you'll typically already have one, since it's required for standard payroll. If you genuinely don't, ITIN-based foreign national loan programs exist as an alternative path, generally with different rates and larger down payment requirements than a conventional loan.

Does my home country affect whether I can buy property in San Jose?

No. There is no California or federal law restricting individual buyers from purchasing a primary residence based on their nationality. National conversations about restricting foreign land ownership target specific foreign government-linked entities and land near sensitive sites, not individual employees buying a home to live in.

Should I work with a lender who has specific experience with visa holders?

Yes. Because documentation and visa-related requirements vary meaningfully by lender, working with someone who underwrites non-permanent resident borrowers regularly, rather than occasionally, tends to mean fewer surprises once you're in contract.