Commercial Real Estate During AOS

Adjustment of Status applicants can legally purchase commercial real estate in the United States. Your EAD provides work authorization, and US property law does not restrict real estate ownership based on immigration status. Bankable funds the business-related capital needs of AOS holders who own or are acquiring commercial property.

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Key Takeaways

One of the most persistent misconceptions in the AOS business community is that green-card-pending applicants cannot own real estate. This is false. AOS holders with EADs have full work authorization and are not legally restricted from owning US commercial or residential property. The question is not whether you can own property — it is who will finance the purchase, and on what terms. The March 2026 SBA rule closed the SBA 504 loan program (the primary owner-occupied commercial real estate vehicle for small businesses) to all AOS applicants. Bankable addresses the business capital needs around that gap.

What AOS Holders Can and Cannot Do with Commercial Property

Can do: Purchase commercial real estate outright (with non-SBA financing), lease commercial space, take out private commercial mortgages, own multi-tenant commercial buildings, and operate businesses from owned commercial space — all while in AOS status with an EAD.

Now blocked: SBA 504 loans for owner-occupied commercial real estate are closed to AOS applicants as of March 1, 2026. SBA 7(a) loans that were used to fund commercial real estate purchases are similarly unavailable.

How Bankable Helps AOS Commercial Property Owners

Bankable does not originate commercial real estate mortgages — but we fund the business operations that make commercial property ownership viable for AOS holders:

Private Commercial Real Estate Lenders for AOS Holders

For the commercial mortgage itself, AOS holders should work with DSCR (Debt Service Coverage Ratio) lenders and portfolio lenders who do not sell loans to the secondary market. These non-QM and portfolio lenders evaluate commercial mortgages on the property's income — not the borrower's immigration status. Foreign national mortgage programs, while not identical to AOS holder programs, often have overlapping underwriting standards that AOS holders can meet.

Ready to fund your commercial business operations? Check your Bankability Score. For context on the SBA 504 program that is now unavailable to AOS holders, see our SBA 7(a) guide.

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Frequently Asked Questions

Can an AOS EAD holder buy commercial real estate in the US?

Yes. US property law does not restrict commercial real estate ownership based on immigration status. AOS holders can purchase, own, and sell commercial real estate in all 50 states.

Are SBA 504 loans available for AOS holders to buy commercial real estate?

No. The SBA's March 1, 2026 rule excluded all AOS applicants from SBA 504 and 7(a) programs. SBA 504 loans, which are commonly used for owner-occupied commercial real estate, are no longer available to AOS applicants.

What financing options does an AOS holder have for commercial real estate?

DSCR loans, portfolio commercial mortgages, private lenders, and hard money loans are available for AOS holders. These lenders evaluate the property's income rather than the borrower's immigration status. Bankable funds the business operations associated with your commercial property.

Does Bankable provide commercial real estate mortgages for AOS holders?

Bankable does not originate commercial real estate mortgages. We fund the business operations — working capital, equipment, inventory, and expansion — for AOS holders operating from commercial properties they own or lease.

How can Bankable help an AOS holder who just purchased commercial property?

We fund the working capital to outfit and operate your new commercial space — equipment, inventory, staffing, and marketing. For AOS holders who purchased commercial property without sufficient operating capital, Bankable provides the business capital layer.

Can an AOS holder own multiple commercial properties?

Yes. There is no legal restriction on the number of commercial properties an AOS holder can own. Business income from the properties can support Bankable funding for operations.

What if my commercial real estate purchase fell through because SBA 504 financing was denied?

This is exactly the situation Bankable addresses. Bankable can fund business operations while you seek alternative commercial real estate financing through DSCR lenders or portfolio lenders who accept AOS holders.

Does owning commercial real estate affect my AOS/I-485 case?

Property ownership does not affect your I-485 adjudication. USCIS adjudicates based on eligibility criteria, not business or property activities. Consult your immigration attorney with specific concerns.

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