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Can you buy a property in the US if you are on a non-immigrant visa? Yes, you can. You don’t need to be a permanent resident to do so. But there’s a catch. What you do with that investment can either keep you safe or create problems with immigration authorities.
According to Abhisha Parikh, a US-based immigration lawyer, anyone—citizen, resident or even an overseas buyer—can purchase property in the US.
“But if you are on a non-immigrant visa, be careful. Renting it out or managing it could count as unauthorised employment under US immigration law,” Parikh warned in a social media post.
What’s allowed and what isn’t
Buying is simple. Whether you’re an American expat considering a holiday home, a foreign national exploring real estate, or even a student, there are no restrictions on ownership. The trouble begins when you rent it out and start managing tenants yourself. That could be classed as unauthorised work under immigration rules.
“Always consult an immigration attorney before renting or managing property to stay compliant,” Parikh said.
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The H-1B visa is strictly employment-based, meaning you can only work for the employer listed on your visa. No freelancing, no side businesses, and no second jobs. Similarly, the F-1 visa is only for education, leaving no room for managing property as an income stream.
Passive income vs active work
A US-based immigration law firm notes that passive income is permitted. That means if money comes without active participation, you are likely in the clear. "Examples include stock dividends, bank interest, or rental income handled entirely by someone else.," according to US Visa Law.
Problems arise if you:
Screen tenants yourself
Collect rent directly
Take charge of repairs
Advertise short-term stays on platforms such as Airbnb
Flip houses or run property investments like a business
Immigration authorities look at both intention and optics. USCIS has in some cases denied green cards or flagged H-1B renewals based on frequent short-term rentals or self-managed properties, according to US Visa Law.
The safest option is to be a hands-off investor:
— Ire a property management company
— Avoid tenant or contractor interactions
— Don’t pay yourself any salary
— Don’t work for a real estate entity, even if you own it
What foreign buyers need
Despite the restrictions on work, foreigners continue to buy US property in large numbers. A report by the National Association of Realtors (NAR), a US-based trade association for real estate professionals, said overseas buyers purchased $42 billion worth of residential property in 2024, amounting to 54,300 homes. There are no legal barriers to ownership.
Mike Wallace, CEO of Greenback Expat Tax Services, explained the paperwork is straightforward. “You’ll need a valid passport or government ID, proof of funds such as bank statements, a tax identification number, and pre-approval if you need financing,” Wallace said in a blog post.
Residency status is irrelevant for ownership. However, buying property does not grant residency rights or ease visa approval. A separate visa—whether tourist, investor or work-related—is still required to stay in the US.
Financing challenges
According to Wallace, many foreign nationals prefer to pay cash, avoiding hurdles linked to US credit history. Some banks offer foreign national mortgage programmes, but these usually involve:
— Down payments of 30–40 per cent
— Higher interest rates
— Extensive documentation
American expats, by contrast, often qualify for conventional loans because their citizenship remains a factor, even if they live abroad.
Wallace added that foreign owners must pay annual property taxes just like residents, with rates depending on the state and city.
Where buyers come from
Over the past five years, the biggest share of overseas buyers has come from China and Canada, though Indian demand has risen sharply.
List of Top overseas buyers of US property (2020–2025), according to NAR:
US property Buyers in 2020
China: 12%
Canada: 12%
Mexico: 9%
India: 6%
UK: 2%
US property Buyers in 2021
China: 6%
Canada: 8%
Mexico: 7%
India: 4%
UK: 4%
US property Buyers in 2022
China: 6%
Canada: 11%
Mexico: 8%
India: 5%
UK: 2%
US property Buyers in 2023
China: 13%
Canada: 10%
Mexico: 11%
India: 7%
UK: 3%
US property Buyers in 2024
China: 11%
Canada: 13%
Mexico: 11%
India: 10%
UK: 4%
US property Buyers in 2025
China: 15%
Canada: 14%
Mexico: 8%
India: 6%
UK: 4%
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