Yes — a foreigner can buy a house in the USA. There is no US citizenship, green card, or visa requirement to purchase US residential real estate (NAR International Home Buying Report). What varies with your status is how you finance and how the eventual sale is taxed. Lawful permanent residents and most qualifying work-visa holders (H-1B, L-1, TN, O-1, E-2, EB-5) qualify for the same Fannie Mae or Freddie Mac conforming mortgages US citizens use, under Fannie Mae Selling Guide B2-2-01. Non-resident foreign nationals typically pay cash or use a "foreign national" portfolio mortgage — 25%–40% down, 1–2 points above conforming rates, often with no US credit history required. When a foreign owner sells, FIRPTA (IRS Publication 515) requires the buyer to withhold 15% of the gross sale price; over-withholding is reclaimed via Form 1040-NR the next year. State laws restrict foreign-principal purchases in narrow zones (agricultural land, property near military installations). Buying a house is not an immigration pathway. Before signing anything, work with a US real-estate attorney, a CPA who handles international clients, and, for status questions, an immigration attorney. New to the US buying process? See the step-by-step guide to buying a house.
Key Takeaways
- A foreigner can buy a house in the USA. No citizenship, green card, or visa is required at the federal level.
- Mortgages split into two paths. Green-card holders and qualifying work-visa holders access standard conforming loans under Selling Guide B2-2-01. Non-resident foreign nationals use foreign-national portfolio mortgages: 25%–40% down, 1–2 points above conforming rates, US credit history usually not required.
- FIRPTA applies at the sale, not the purchase. The buyer withholds 15% of the gross sale price and remits it per Publication 515; the seller reclaims any over-withholding via Form 1040-NR the next year. Confirm the current rate with a CPA before closing.
- Some states restrict foreign purchases in narrow zones. Florida SB 264 (2023), Texas SB 17 (2025), and ~20 other states restrict specific-country purchases, usually on agricultural land or near military installations; primary residences in typical suburbs are usually carved out.
- Buying is not an immigration pathway. Owning US real estate does not create a visa or right to live in the USA. EB-5 is a separate investor visa based on business investment — see USCIS.
Yes — a Foreigner Can Buy a House in the USA
No federal citizenship, green card, or visa requirement applies to purchasing US residential real estate. A foreign buyer can hold title in their own name, a US-formed LLC, a foreign LLC or corporation, or a trust. Top origin countries per the NAR report: Canada, Mexico, China, India, Colombia, Brazil, and the UK.
The IRS defines resident-alien status for tax purposes via the "green-card test" and the "substantial presence test" in IRS Publication 519. Fannie Mae uses a related but distinct definition for mortgage eligibility — a long-tenure H-1B holder may be a US tax resident but is still a "non-permanent resident alien" for underwriting. Confirm with a CPA and a lender which category applies to you.
Cash is the simplest path for non-residents. No US credit, lender, or bank account is required to close. Funds wire from the buyer's overseas bank to the title company's escrow account. FinCEN Geographic Targeting Orders may require the title company to identify the beneficial owner above certain thresholds in certain metros. Always confirm wire instructions by phone — wire fraud targeting foreign buyers is persistent. For what you need beyond the purchase price, see how much money you need to buy a house.
Buying a House Does Not Give You the Right to Live in the USA
This is the biggest misconception among foreign buyers. Owning a US home is a real-estate transaction; visa status, length of stay, and right-to-work are governed separately by USCIS. Holding title does not change your immigration status. A B-1/B-2 visitor visa allows entry for a limited period but does not let you live year-round in a home you own.
The EB-5 Immigrant Investor Program is a separate pathway based on a minimum $800,000 investment in a US business that creates 10+ jobs — not a residential purchase. See the USCIS EB-5 page and verify the current investment floor before applying. For any question about how a US purchase interacts with your immigration status, route to an immigration attorney. Nothing in this article is immigration advice.
Mortgages: The Two Paths
Mortgage eligibility splits by residency status. For an overview of the process, see how to get a mortgage.
Path 1 — Green-card holders and qualifying work-visa holders. Under Fannie Mae Selling Guide B2-2-01, lawful permanent residents are treated as US citizens: same conforming programs, 3%–20% down, same rates. Non-permanent resident aliens are also eligible under B2-2-01 if they meet Fannie Mae's documentation standards. Commonly eligible visas: H-1B, L-1, TN, O-1, E-2, EB-5 (once conditional green card is issued), F-1 with OPT/CPT income. Lenders look for legal-status documentation (visa plus I-94), a two-year US employment history where possible, and standard credit and DTI documentation. Experience with B2-2-01 non-permanent-resident files varies — ask upfront. See the credit score you need to buy a house.
Path 2 — Non-resident foreign nationals. Buyers living abroad, or in the US on a short-term visitor visa without US employment, generally cannot access conforming loans. Options: all-cash, or a foreign-national mortgage — a portfolio loan from private banks, wholesale lenders, and specialty international-mortgage brokers. Typical terms: 25%–40% down, 1–2 points above conforming rates, US credit history usually not required (foreign-bank references and foreign tax returns accepted), and a 3–7 year balloon or ARM amortized over 25–30 years. See types of mortgage loans.
ITIN vs. SSN. Non-US citizens without an SSN use an Individual Taxpayer Identification Number (ITIN) via Form W-7. Many foreign-national lenders and a growing number of conforming lenders accept ITIN as the taxpayer ID. Building US credit with an ITIN takes 12–24 months.
Mortgage eligibility by immigration status
| Immigration status | Example visas | Fannie/Freddie conforming eligible? | Typical down payment | Rate premium | US credit history required? |
|---|---|---|---|---|---|
| US citizen (baseline) | — | Yes | 3%–20% | Baseline | Yes (or non-traditional credit) |
| Lawful permanent resident | Green card | Yes (treated as US citizen under B2-2-01) | 3%–20% | Baseline | Yes (or non-traditional credit) |
| Non-permanent resident alien | H-1B, L-1, TN, O-1, E-2, EB-5, F-1 with OPT | Yes if B2-2-01 documentation met | 3%–20% | Baseline | Yes; foreign credit plus US-employer letter often accepted |
| Non-resident alien | Living abroad, B-1/B-2 visitor, or no US visa | No (foreign-national portfolio loan only) | 25%–40% | +1–2 points | Usually not; foreign-bank references accepted |
| Foreign LLC or foreign corporation | — | No | 30%–45% | +2–3 points | Not applicable; underwrites the entity + guarantor(s) |
Before shopping lenders, pull a written mortgage pre-approval. To match monthly cost against income, see how much mortgage you can afford.
FIRPTA: What Happens When You Sell (15% Withholding)
The Foreign Investment in Real Property Tax Act (FIRPTA) applies when you sell, not when you buy. Under IRS Publication 515, when a foreign person sells US real estate the buyer must withhold a percentage of the gross sale price (not the gain) and remit it via Form 8288. The current default rate is 15%. The seller files Form 1040-NR the following year to compute actual tax on the gain and reclaim any over-withholding. Rates and thresholds have changed historically; confirm current figures with a CPA before closing.
Ways to reduce withholding, reviewed with a CPA: owner-occupied sales at or below IRS-set thresholds to a buyer who will use the property as a residence may qualify for a full or reduced rate; a withholding certificate via Form 8288-B can reduce withholding before closing if actual expected tax is lower; some US tax treaties affect withholding or ultimate liability. Process description, not tax advice.
Ongoing tax while you own: Rental income is US-source and taxed federally (and often by the state); foreign owners typically file Form 1040-NR annually. Property tax is levied by the county at the same rate regardless of nationality. US estate tax is a common surprise — US real estate owned by a non-resident alien at death is taxed on value above a low exemption threshold, much lower than the US-citizen exemption. Do not structure for estate-tax purposes without a CPA and an estate attorney.
State-Level Restrictions on Foreign Ownership
Federal law does not restrict foreign residential purchases, but a growing set of state laws do — in narrow zones. This picture is changing quickly. Check state law with a local real-estate attorney before signing.
- Florida SB 264 (2023) restricts purchases of agricultural land and certain properties within a defined distance of critical infrastructure or military installations by "foreign principals" of a defined country list (China, Russia, Iran, North Korea, Cuba, Venezuela, Syria). Primary residences by qualifying non-tourist-visa holders are partially exempted; aspects have been challenged in court.
- Texas SB 17 (2025) restricts purchases by governments, government-controlled entities, and companies domiciled in China, Iran, North Korea, and Russia. Primary residences are generally carved out.
- Roughly 20 states have similar bills enacted or in progress. Most cover only agricultural land or property near military installations; residential primary-home purchases in typical suburbs are rarely affected.
Certain large acquisitions near sensitive federal sites can also be reviewed by the Committee on Foreign Investment in the United States (CFIUS). If you are buying near a military base, on or adjacent to agricultural land, or through a foreign entity, get a written opinion from a local real-estate attorney before signing.
Buying Through a Foreign LLC or a US-Formed LLC
Foreign buyers often choose an ownership vehicle other than personal name — for privacy, estate-tax exposure, or asset protection. For LLC basics, see how an LLC buys a house.
A foreign LLC or corporation holds US real estate directly; foreign-entity ownership can complicate US estate-tax analysis and can carry different FIRPTA treatment. Some buyers use a two-tier structure (foreign parent → US LLC) with a CPA's guidance. A US-formed LLC with foreign member(s) is common for foreign investors buying US rental property — same LLC mechanics as a domestic buyer, plus FinCEN Beneficial Ownership Information (BOI) reporting considerations. A March 2025 interim final rule exempted US-formed entities and their US beneficial owners from BOI reporting, leaving foreign entities registered to do business in the US as the main filers; verify current BOI status with a CPA.
State-level restrictions still apply to entity purchases. Florida SB 264 and Texas SB 17 expressly reach foreign-owned entities in the restricted zones. Do not attempt to route around a state restriction via a US-formed LLC with foreign members without an attorney's opinion.
The Step-by-Step Process for a Foreign Buyer
- Assemble the professional team — US real-estate attorney, CPA who handles international clients, and (for status questions) an immigration attorney.
- Get an ITIN if you do not have an SSN via Form W-7; a CPA acting as an IRS Acceptance Agent can help.
- Decide on ownership structure — personal name, US-formed LLC, foreign LLC, or trust — with your CPA and attorney.
- Decide the financing path. Cash, foreign-national mortgage, or conforming mortgage if you qualify under B2-2-01. Pull a written pre-approval if financing.
- Open a US bank account for ongoing property expenses.
- Engage a licensed US real-estate agent — NAR's Certified International Property Specialist (CIPS) designation identifies agents with cross-border experience.
- House-hunt remotely or in person.
- Offer, contract, and wire earnest money to the title company's escrow account.
- Close. Sign the closing documents (some states allow remote e-notarization; others require in-person or US-consulate signing), wire the closing funds, and receive the deed. Expect mortgage closing costs similar in structure to a domestic buyer's.
Typical timeline: 30–45 days for a mortgaged purchase, 14–21 days for cash. First US home? How to buy a house for the first time tracks most of the process.
What Documents You Actually Need
Passport; visa and I-94 (if in the US); ITIN or SSN; two years of income documentation (foreign tax returns and employer letters accepted for non-residents); source-of-funds documentation for the down payment (bank statements, gift letters, sale-of-foreign-property documentation); US bank statements, if any; and, for entity buyers, formation documents, operating agreement, EIN, and authorized-signatory resolution. For overlapping US-side documentation, see what you need to buy a house.
Opendoor Works With Non-US-Citizen Buyers
Opendoor's platform does not restrict buyer nationality. Non-US-citizen buyers can browse listings, sign the purchase contract, and close on an Opendoor-listed home, subject to standard identity verification (passport plus SSN or ITIN) and the lender's own citizenship and residency rules if financing. Cross-border buyers can browse off-market inventory at Opendoor Marketplace. On the sell side, FIRPTA applies the same way with any US buyer — ask your CPA about a Form 8288-B withholding certificate if the actual tax will be less than the default.
Common Mistakes
- Assuming a home purchase creates a visa or path to citizenship.
- Treating FIRPTA as a purchase-side tax rather than a sale-side withholding.
- Titling US real estate in a foreign corporation without checking US estate-tax exposure.
- Skipping a US CPA and ending up over-withheld with no plan to reclaim.
- Closing without a state-level restriction check when buying near a military base or on agricultural land.
- Using a foreign-national mortgage when you actually qualify for a conforming loan under B2-2-01.
- Wiring funds without confirming escrow instructions by phone.
Sources
- USCIS — immigrant vs. non-immigrant classifications; EB-5 Immigrant Investor Program
- IRS — Publication 515 (FIRPTA); Publication 519 (US tax residency); Form 8288; Form 8288-B; ITIN / Form W-7
- Fannie Mae Selling Guide B2-2-01 — General Borrower Eligibility Requirements
- NAR International Home Buying Activity Report
- Committee on Foreign Investment in the United States (CFIUS)
- Florida SB 264 (2023) and Texas SB 17 (2025) — examples of state-level foreign-ownership restrictions
