Key Takeaways
- E-3 holders can legally own US commercial real estate — SBA 504 is the gap, not ownership rights
- DSCR loans from private lenders are available to non-citizen real estate investors
- Bankable funds the operating business within or adjacent to the commercial property
- FIRPTA withholding applies to foreign-person property dispositions — plan accordingly
- For operating businesses that own their space, Bankable funds the business operations
Commercial property acquisition by E-3 holders is legally permissible — there is no restriction on non-citizens owning US commercial real estate at the federal level. The challenge is financing: SBA 504 loans, which provide the most favorable terms for owner-occupied commercial real estate, require 100% U.S. citizen or U.S. national ownership and are unavailable to E-3 holders.
The alternatives for commercial property acquisition: DSCR (Debt Service Coverage Ratio) loans from private/non-QM lenders who specialize in investment property financing without citizenship requirements. These lenders evaluate the property's income relative to its debt service — your citizenship is not the primary factor. Bankable funds the operating business housed within the property; for the property itself, we can refer you to DSCR lending specialists.
The E-3 Funding Barrier
The SBA's 100% citizen/national ownership rule disqualifies every E-3 holder from government-backed loans — regardless of how long you've been in the US, how profitable your business is, or how strong your credit score is. Banks that primarily originate SBA loans have no viable product to offer you. That's not a reflection of your business quality; it's a policy gap that Bankable was built to bridge.
Revenue-based funding through Bankable requires no green card, no citizenship, and no SBA involvement. What matters: your business generates consistent revenue, has been operating for at least 6 months, and has a US business bank account. That's the core of what we evaluate. Check your Bankability Score to see your options in minutes.
Challenges in This Sector
- SBA 504 loans (the standard mechanism for owner-occupied commercial real estate) require US citizen/national ownership
- Conventional commercial mortgages often have citizenship or permanent residency requirements
- FIRPTA withholding (15% of sale price) applies when E-3 holders eventually sell the property
- Property purchase transaction costs (due diligence, legal, title) require upfront capital
- Down payment requirements for commercial property are substantial (20–35%)
- Property management costs while operating the business within the space
Funding Solutions for E-3 Holders
- DSCR Lending (Property Acquisition): Private lenders offering DSCR loans evaluate income-producing commercial properties without citizenship requirements.
- Operating Business Funding: Bankable funds the business operating within the property — whether restaurant, retail, medical practice, or any other business.
- Renovation Capital: Fund tenant improvement and renovation of acquired commercial space.
- Working Capital: Bridge the period between property acquisition and business revenue ramp-up.
- Property Management Company Funding: If you're running a property management business, Bankable funds that operating company.
FIRPTA Considerations for E-3 Holders
Foreign Investment in Real Property Tax Act (FIRPTA) requires withholding of 15% of the gross sale price when a foreign person sells US real property. This withholding applies to E-3 holders who are not US tax residents (green card holders or substantial presence test). If you intend to own commercial property and eventually sell it, factor FIRPTA into your long-term financial planning. Work with a US tax advisor on FIRPTA implications before purchasing.
Commercial Property Structures for E-3 Holders
Many E-3 holders structure commercial property ownership through LLCs. The LLC can own the property, and the LLC is owned by the E-3 holder. This is standard practice and doesn't provide FIRPTA exemption, but it does provide liability separation and can simplify the financing structure. Consult both an immigration attorney and a real estate attorney when structuring commercial property ownership.
Capital Products Available
Revenue-Based Funding
Up to $5M based on your monthly revenue. No green card, no SBA. 48-hour decisions.
Apply Now →Equipment Financing
Asset-backed funding for equipment — available to non-citizen business owners.
Check Eligibility →Frequently Asked Questions
Yes. Commercial property ownership is not restricted by visa status at the federal level.
No. SBA 504 loans require 100% U.S. citizen/national ownership and are not available to E-3 holders.
DSCR loans from private lenders are the primary option. These evaluate the property's income-to-debt ratio without requiring citizenship.
No. Bankable funds operating businesses — not real estate acquisition directly. For the property itself, DSCR lenders are the appropriate resource.
FIRPTA requires 15% withholding on the gross sale price when E-3 holders sell US real property. Plan accordingly with your tax advisor.
Yes. Bankable can fund business operating costs and renovation within a space you own or lease.
Yes. Property ownership demonstrates business permanence and may support larger funding amounts.
Yes. LLC ownership is standard and doesn't affect visa compliance.
Generally yes — for liability and financing structure reasons. Consult a real estate attorney.
DSCR lenders typically require 25–35% down for non-citizen borrowers. Some may require more.