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How do I document employment for non-permanent resident aliens?

A Borrower who is a non-permanent resident may be eligible for FHA-insured financing provided:
  • the Borrower is eligible to work in the United States by providing either:
    • a United States Citizenship and Immigration Services (USCIS) Employment Authorization Document (USCIS Form I-766) showing that work authorization status is current
    • a USCIS Form I-94, Arrival/Departure Record, evidencing H-1B status, and evidence of employment by the authorized H-1B for a minimum of one year,
    • evidence of being granted refugee or asylee status by the USCIS;
    • 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 evident of H-1B status will expire within one year and a prior history of residency status renewals exists, the Mortgagee may assume that continuation will be granted. If there are no prior renewals, the Mortgagee must determine the likelihood of renewal based on information from the employer or the USCIS.

A Borrower residing in the U.S. 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 I-589, Application for Asylum or Withholding of Removal substantiating the refugee or asylee status.

While a borrower is required to have a valid Social Security Number, except for those employed by the World Bank, a foreign embassy, or equivalent employer identified by HUD, in no case is a Social Security card sufficient to prove immigration or work status.

For additional information see Handbook 4000.1 II.A.1.b.ii(A)(9)(b) at https://www.hud.gov/program_offices/administration/hudclips/handbooks/hsgh