Can Non-Permanent Resident Aliens Get Asset Depletion Loans?

Non-Permanent Resident

Borrower Eligibility Status

Can Non-Permanent Resident Aliens Get Asset Depletion Loans? Eligibility for these programs is extended to various residency statuses beyond U.S. Citizens.

Asset Depletion Loans are a type of Alternative Documentation (Alt Doc) Non-QM product specifically designed for borrowers who are asset-rich and income-light. 

A. Eligible Non-U.S. Citizen Categories

Non-QM lenders typically divide non-U.S. citizen borrowers into distinct categories, with Non-Permanent Resident Aliens being eligible for Alt Doc programs:

  1. Permanent Resident Aliens (PRA): Individuals who hold an I–551 Permanent Resident Card (a.k.a. “Green Card”) are generally eligible for financing with the same terms as U.S. Citizens.
  2. Non-Permanent Resident Aliens (NPRA): These are non-U.S. citizens authorized to live and work in the U.S. on a temporary basis (Visa Holders). NPRAs are explicitly listed as eligible borrowers for the CMG Non-QM Advantage, Sharp Series, Horizon Series, and Prime Non-QM product lines, which include Alt Doc options like Asset Depletion.
  3. Eligible Visa Classifications: NPRAs must document valid employment authorization. Eligible classifications often include E, G, H, L, O, P, & TN visas.

B. The Distinction from Foreign Nationals

It is crucial to distinguish NPRAs from Foreign Nationals (FNs), as FNs are generally ineligible for Asset Depletion programs intended for owner-occupied or second homes:

  • Foreign Nationals are defined as non-U.S. citizens who primarily live and work outside the U.S..
  • Under many guidelines, Foreign Nationals are ineligible for the standard Asset Depletion/Asset Qualifier Alt Doc types.
  • When FNs are eligible for financing, it is typically restricted to Investor Cash Flow (DSCR) loans on non-owner-occupied properties.

Key Asset Depletion Requirements for NPRAs

Although NPRAs are eligible for Asset Depletion, they must adhere to specific overlays designed to mitigate the perceived risk associated with their temporary residency status.

A. Transaction and LTV Restrictions

Non-Permanent Resident Aliens are subject to limitations on loan terms and maximum financing:

  • Eligible Transactions: NPRAs are generally eligible for Purchase and Rate-Term Refinance transactions.
  • Cash-Out Refinances are often Ineligible: Cash-Out Refinances are explicitly not eligible for Non-Permanent Resident Aliens under several guidelines.
  • Maximum LTV Cap: NPRAs are typically restricted to a lower maximum LTV compared to U.S. citizens. For Full Doc/Alt Doc (which includes Asset Depletion), the maximum LTV is often capped at 80%. In the Sharp Premium Alt Doc matrix, NPRAs are capped at Max 75% LTV/CLTV.

B. Asset and Documentation Standards

Asset Depletion relies on calculating qualifying income by dividing Net Qualifying Assets by a fixed term (usually 84 months). NPRAs must ensure their assets are readily verifiable:

  • U.S. Based Assets: Eligible assets must be seasoned for at least 90 days and located in a U.S. bank or financial institution. Ineligible assets include unseasoned foreign accounts.
  • Asset Seasoning Overlay: For Non-Permanent Resident Alien transactions with a valid Social Security Number (SSN), all funds required for closing (down payment, closing costs, and reserves) must be seasoned for 30 days. If the borrower does not have a valid SSN (i.e., relies on an ITIN or uses foreign assets), 60 days of asset seasoning is required.
  • U.S. SSN and Credit History: NPRAs must generally have a valid Social Security Number (SSN) and an established U.S. credit history.
  • Employment Documentation: If the visa will expire within six (6) months of the loan application, a letter from the employer documenting the borrower’s continued employment and continued visa renewal sponsorship is required.

FAQ's

Eligible visa classifications often include E-1, E-2, E-3, G-1 through G-5, H-1B, L-1, O-1, P, and TN (NAFTA).

Yes, if a non-U.S. citizen is borrowing with a U.S. citizen, it does not eliminate visa or other residency requirements.

No, Foreign Nationals (who primarily live and work outside the U.S.) are generally ineligible for Alt Doc types like Asset Depletion.

Borrowers without a Social Security Number are generally ineligible. If the borrower relies on an ITIN or foreign assets, 60 days of asset seasoning is required.

For NPRA transactions with a valid Social Security Number (SSN), all funds required for down payment, closing costs, and reserves must be seasoned for 30 days.

Cash-Out Refinances are generally not eligible for Non-Permanent Resident Alien borrowers utilizing Alt Doc/Asset Utilization programs.

NPRAs are subject to LTV restrictions. For Full Doc/Alt Doc programs (including Asset Depletion/Utilization), the maximum LTV is often capped at 80%. However, some programs cap the LTV at 75%.

If the borrower’s visa will expire within six (6) months of the note date, they must obtain a letter from the employer documenting the borrower’s continued employment and continued visa renewal sponsorship.

NPRAs must document their status as a lawful non-permanent resident who has been granted the right to live and work in the U.S. on a temporary basis. This may require presenting a valid visa or Employment Authorization Document (EAD).

Yes, NPRAs are generally eligible borrowers for the Non-QM product series, including the Expanded (Alt Doc) programs that offer Asset Depletion.

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