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No federal law stops a foreign national from owning a US home.
Most state restrictions target specific foreign-connected buyers, agricultural land, sensitive locations, or combinations of these factors.
A few states, led by Texas, restrict most property types for covered buyers.
Buying US property does not grant a visa, residency, immigration status, or citizenship.
Table of Contents
Yes. Foreign nationals can still buy US property in 2026, but the answer depends on the buyer, the property, the property’s location, and how ownership is structured. Most state restrictions target specific foreign-connected buyers, agricultural land, property near military installations or critical infrastructure, or combinations of these factors. Texas is broader, restricting covered buyers from acquiring many types of real property, subject to statutory exceptions.
This guide explains how foreign ownership of US real estate is regulated in 2026, which buyers and properties can be restricted, what changed during 2026, and what these rules can mean for an international investor financing a purchase with HomeAbroad.
What Changed in State Foreign Ownership Laws Between 2023 and 2026
For decades, state rules on foreign landowners were a minor issue, mostly limited to farmland. That changed quickly after 2023, when legislatures began tying property restrictions to national security concerns about specific countries.
The pace since then has been steady:
- 2023 to mid-2024: At least 22 states enacted legislation regulating foreign ownership of real property between January 2023 and July 2024, according to the Congressional Research Service.
- 2025: Policy tracker MultiState counted 194 bills introduced across 38 states, with 15 states enacting new laws. Texas SB 17 was the most consequential of these for residential buyers.
- 2026: FOCUS legislative tracking, published September 8, 2026, reports 165 bills introduced in the most recent sessions and 18 measures enacted across 12 states. The same tracker says more than 30 states now have some combination of ownership restrictions, disclosure requirements, or related compliance obligations.
These trackers define “foreign ownership law” differently, so their counts cannot be added together. The useful takeaway is the direction: the number of states with some rule keeps growing, and the details differ from state to state.
The Three Triggers Behind Almost Every State Law
State foreign-ownership laws generally turn on four questions:
- Who is buying? Some laws apply to individuals domiciled in specified countries, while others cover governments, companies, or entities connected to those countries.
- What property is being acquired? Some laws focus on agricultural land, while others cover residential, commercial, or other real property.
- Where is the property? Certain restrictions apply only near military installations, critical infrastructure, or other sensitive locations.
- How is ownership structured? Some laws examine ownership or control of an LLC, corporation, trust, or other entity.
That means citizenship alone may not determine whether a restriction applies. A buyer’s domicile, the property’s classification and location, and the ownership structure can all matter.
Who These Laws Actually Cover
Designated Country Lists Differ by State
There is no single list that applies across every state. Each state defines the foreign persons, countries, governments, or entities covered by its own law. Florida and Texas illustrate why investors should check the specific statute instead of relying on a national list.
Florida (SB 264) | Texas (SB 17) | |
|---|---|---|
Countries named | China, Russia, Iran, North Korea, Cuba, Syria, and the Venezuelan regime of Nicolás Maduro | China, Russia, Iran, North Korea |
Can the list grow? | By legislative amendment | Yes. Texas defines a “designated country” by reference to countries identified in the Director of National Intelligence’s Annual Threat Assessment. |
Separate China-specific rule? | Yes, a broader purchase restriction for certain China-domiciled buyers | No separate tier |
If your circumstances do not fall within the categories covered by a particular state’s statute, that state’s restriction may not apply. Because the definitions and exemptions differ by state, check the current statute before relying on a country list or assuming that citizenship alone determines eligibility.
Why Domicile Often Matters More Than Citizenship
This is the point most coverage misses. Both Florida’s and Texas’s individual restrictions are written around people domiciled in a designated country, and two federal appeals courts have now looked at what that means for foreign nationals already living in the US.
In Florida, the Eleventh Circuit reviewed a challenge brought by Chinese citizens living in the state. In its November 4, 2025 decision, the court concluded that the plaintiffs had not established that they were domiciled in China for purposes of the statute. The court resolved the purchase-restriction challenge on standing grounds rather than deciding the constitutional merits of the restriction.
In Texas, Peng Wang, a Chinese citizen who had lived in Texas for sixteen years on an F-1 student visa and intended to remain in Texas after graduation, challenged SB 17. On December 11, 2025, the Fifth Circuit affirmed the dismissal of his case, concluding that Wang was not domiciled in China for purposes of SB 17 and therefore lacked standing to bring the challenge.
These rulings are reassuring for many visa holders who live in the US and plan to remain. They are also fact-specific. The courts looked at each person’s history and stated intentions, and the Texas and Florida definitions are not identical. Treat the rulings as a reason to get a clear legal answer, not as a self-assessment tool.
Buyers Most State Laws Exempt
Exemptions vary by state and can depend on the buyer’s status, domicile, property type and intended use. Examples include:
- US citizens and lawful permanent residents: These categories are generally outside the individual restrictions in Texas SB 17 and Florida’s China-specific provision.
- Texas residence homestead: Texas SB 17 contains an exception for real property intended for use as an individual’s residence homestead. The exact statutory conditions should be reviewed before relying on the exception.
- Florida residential exception: Florida allows a covered natural person to purchase one residential property of up to two acres if the statutory conditions are met, including a qualifying US visa or asylum documentation, purchase in the individual’s name, and a location more than five miles from a military installation.
Buying Through an LLC Will Not Get Around These Laws
Many international investors hold US rental properties through a limited liability company (LLC). Forming a US entity does not automatically remove a transaction from a state’s foreign-ownership rules. Florida expressly covers certain entities and controlling interests connected to covered foreign principals, while Texas SB 17 also applies to organizations based on ownership and control.
If a member, manager, beneficial owner, or controlling person of your entity has a connection to a country covered by the applicable state law, have a qualified attorney review the ownership structure before signing a purchase contract.
What These Laws Do Not Change
State ownership laws decide who may acquire certain property. They have no bearing on immigration. Buying US real estate, in any state, does not grant a visa, residency, a green card, or citizenship, and it does not change your current status.
Which Types of Property Are Restricted
Agricultural Land
Agricultural land is a common focus of state foreign-ownership laws. Definitions matter. Florida, for example, defines agricultural land by reference to land classified as agricultural under state law. A rural location alone does not determine whether a property is agricultural, so buyers considering acreage, farms, ranches or other rural properties should confirm the property’s legal classification before assuming a residential exception applies.
Land Near Military Installations and Critical Infrastructure
Several states restrict covered buyers near sensitive sites. Florida prohibits a foreign principal from directly or indirectly acquiring an interest in real property on or within 10 miles of a military installation or critical infrastructure facility, subject to statutory exceptions. Florida defines a military installation as certain US military property encompassing at least 10 contiguous acres and lists critical infrastructure facilities, including airports, seaports, water treatment facilities, wastewater plants, and gas processing plants.
Laws That Reach Homes and Commercial Property
A smaller group of states has adopted broader restrictions that can reach residential, commercial and other real property. Texas SB 17 covers a broad range of real-property interests for covered persons and entities. Indiana’s 2026 SB 256 also addresses foreign adversaries and real-property transactions, but its restrictions and exceptions are defined by the statute and should not be reduced to a blanket statement that every foreign national is prohibited from acquiring Indiana property.
Restriction pattern | Typical property covered | Example states |
|---|---|---|
Agricultural land only | Farmland, and sometimes timberland or ranchland | Varies by state |
Sensitive-site restriction | Any property within a set distance of a military or critical infrastructure site | Florida (plus agricultural land statewide) |
Broad restriction for covered buyers | Most real property, including homes, subject to exemptions | Texas; Indiana (2026, subject to statutory definitions and exceptions) |
Texas, Florida, and the States That Acted in 2026
Texas SB 17: How the 2025 Law Applies in 2026
Texas SB 17 took effect on September 1, 2025, and is codified in Subchapter H of Chapter 5 of the Texas Property Code. It restricts individuals domiciled in a designated country, along with governments and entities connected to one, from acquiring an interest in Texas real property.
In 2026, the Texas Attorney General published proposed Chapter 67 rules addressing implementation of SB 17. The proposal addresses definitions, complaints, investigations and enforcement procedures. Because the March 27, 2026 publication was a proposed rule, do not describe Chapter 67 as final or effective unless the Texas Register confirms that it was formally adopted before publication.
SB 17 contains statutory exclusions and exceptions, including provisions covering US citizens, lawful permanent residents and certain entities owned or controlled exclusively by them. It also contains a residence-homestead exception. Because the exceptions depend on the statutory definitions and transaction facts, covered buyers should confirm eligibility with Texas counsel before relying on one.
For international buyers from non-designated countries, Texas remains open for investment. HomeAbroad covers the market side of that decision in its guide to Texas investment property.
Florida SB 264: Registration, Affidavits, and Exceptions
Florida’s law took effect on July 1, 2023, and has two layers. The first bars covered foreign principals from all seven countries on its list from acquiring agricultural land and from acquiring property within 10 miles of a military installation or critical infrastructure facility. The second is a broader restriction on certain buyers domiciled in China who are not US citizens or lawful permanent residents.
Florida also has registration requirements for certain foreign principals who own property covered by the statute. For example, foreign principals with qualifying interests in property on or within 10 miles of a military installation or critical infrastructure facility must register, subject to the statutory rules. Certain covered owners who held property before July 1, 2023 were permitted to retain it but were subject to registration requirements and deadlines.
The legal challenge to SB 264, Shen v. Simpson, did not invalidate the law. In November 2025, the Eleventh Circuit held that the plaintiffs lacked standing to challenge the purchase restriction and upheld the denial of preliminary relief concerning the registration and affidavit provisions. The plaintiffs later voluntarily dismissed the case. SB 264 remains in effect.
For market and tax considerations beyond ownership rules, see HomeAbroad’s guide to Florida investment property.
New State Measures Enacted in 2026
Several states enacted measures addressing foreign ownership or related real-estate restrictions in 2026. FOCUS’s September 8, 2026 legislative tracker identifies 18 enacted measures across 12 states, including Arizona, Indiana, Iowa, Kansas, Louisiana, Mississippi, Nebraska, New Hampshire, North Carolina, Oklahoma, South Dakota and Tennessee. The measures vary significantly in their covered buyers, property types, exemptions and enforcement mechanisms.
Because these laws use different definitions and exceptions, this article does not attempt to summarize each measure from a legislative tracker. Investors should review the current statute or enrolled bill applicable to the property before relying on a state-specific conclusion.
How to Check the Rules in One State
Before you make an offer, confirm three things from primary sources:
- The statute. Read the current text on the state legislature’s website, including definitions and exemptions.
- The enforcing agency. Texas enforcement runs through the Attorney General. Florida’s registration requirements involve state agencies and its real estate licensing framework. Check whether rules or forms have been issued.
- A licensed attorney in that state. Your real estate agent and lender can flag a question, but an attorney is the right person to say whether a law applies to you.
The National Agricultural Law Center maintains a regularly updated state-by-state resource that is a useful starting point for finding the right statute.
Federal Rules That Apply on Top of State Law
No Federal Ban on Owning a Home
Federal law does not prohibit foreign nationals from owning US residential property. You do not need a visa, a green card, or US residency to buy. The full buying process, from choosing a property to closing remotely, is covered in HomeAbroad’s guide for foreign nationals buying US property.
Federal rules do affect two narrower groups: owners of agricultural land, and buyers near sensitive government sites.
AFIDA Reporting and the 2026 Online Portal
The Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA) is a federal reporting law. It does not ban anyone from buying farmland. It requires foreign persons who acquire, transfer, or hold an interest in US agricultural land to report it to the US Department of Agriculture (USDA). According to USDA’s most recent annual report, foreign persons held interests in 46 million acres of US agricultural land as of December 31, 2024.
Three things changed recently:
- January 22, 2026: USDA launched a new online portal for reporting foreign interests in US agricultural land under AFIDA.
- June 25, 2026: USDA published a proposed rule that would make several changes to AFIDA, including changes to the definition of agricultural land, reporting requirements, lease exemptions and penalties.
- August 10, 2026: The comment period for the proposed rule closed.
The June 2026 changes are proposed rules, not current AFIDA requirements. If USDA publishes a final rule before this article is published or updated, the final rule should be reviewed and the section revised accordingly.
For most international buyers purchasing a conventional home, condo or city rental, AFIDA is unlikely to apply. The reporting law becomes relevant when the transaction involves land that falls within the federal definition of agricultural land, which can include certain farmland, ranchland, timberland and other qualifying interests.
Rural location alone does not determine whether AFIDA applies. If your purchase involves agricultural land, confirm the reporting requirement and filing deadline with a qualified professional.
CFIUS Review Near Sensitive Sites
The Committee on Foreign Investment in the United States (CFIUS) is a federal interagency committee that can review certain real estate transactions by foreign persons near specified military installations, ports, and other sensitive locations. The US Treasury expanded the list of covered military installations in 2024.
A typical residential home purchase is unlikely to fall within CFIUS’s real-estate jurisdiction, but transactions involving property near covered military installations, ports, or other sensitive sites can require closer review. Treasury expanded the covered military-installation list in November 2024 by adding 59 installations, removing three, and expanding the geographic coverage around eight existing installations. Buyers considering property near a covered site should discuss the transaction with qualified counsel before signing.
Tax Rules Are a Separate Question
State ownership laws and federal tax rules work independently. Being allowed to buy a property does not determine how its rental income or eventual sale will be taxed. When a foreign person sells US real property, FIRPTA generally requires the buyer to withhold 15% of the amount realized. Special rules can reduce the withholding rate or eliminate withholding in certain transactions, including qualifying residence purchases. HomeAbroad’s guide to FIRPTA withholding rules explains how the tiers work.
How State Ownership Rules Can Affect Your HomeAbroad Mortgage
When you finance a purchase, state ownership rules become part of the transaction’s paperwork. Here is where they tend to surface.
At Pre-Approval
Tell your HomeAbroad loan officer the property’s state, property type, intended use, estimated purchase price, and proposed ownership structure as early as possible. Providing those details upfront helps the mortgage team identify documentation and transaction requirements before you move further into the purchase process.
Steven Glick
Director of Mortgage Sales · HomeAbroad
At pre-approval, we want to understand the property you’re considering, including the state, property type, intended use, estimated purchase price, and how you plan to hold title. Sharing those details early gives us a clearer picture of the transaction and helps us identify any documentation or underwriting requirements before you get too far into the process.
During Title and Closing
In restricted states, closing can involve extra documents. Florida’s foreign-ownership provisions also include statutory affidavit requirements for certain covered real-estate transactions. The applicable form and requirements depend on the property and buyer’s circumstances.
The title company and closing attorney handle these forms, but an unexpected affidavit late in the process can delay a closing. Knowing the requirements in advance keeps the timeline predictable.
Lucas Hernandez
Mortgage Loan Originator,
HomeAbroad
NMLS #2171747When a document question comes up late in the process, the biggest risk is losing time while everyone waits for clarification or a corrected document. We try to identify documentation requirements early, but if something comes up during closing, we work with the borrower, title company, and other parties to resolve it as quickly as possible and keep the closing moving.
When You Buy Through an LLC
Many HomeAbroad borrowers, particularly DSCR investors, choose to take title through an LLC. From the financing side, that means providing entity documents and information about the people who own or control the company. If the property is in a state with foreign-ownership restrictions, have your attorney review the ownership structure separately from the mortgage documentation before you commit to the transaction.
From a financing standpoint, the choice usually comes down to the property, the loan program, and how the borrower wants to structure the transaction. If you’re considering an LLC, discuss the ownership structure early so the required documentation is clear from the start.
Before You Make an Offer: A State-Law Checklist
Work through these questions for every property you seriously consider:
- Which state is the property in, and does it have a foreign ownership law? Check the statute, not a headline.
- Is the land agricultural, or near a military installation or critical infrastructure facility? Ask your agent to confirm the property’s classification and location.
- Do you, or any owner or manager of your buying entity, have a connection to a country on that state’s list? Consider citizenship, domicile, and entity control.
- If a connection exists, does an exemption apply? This is an attorney’s question.
- Is the property agricultural land under federal rules? If so, plan for AFIDA reporting.
- Have you shared the state and property type with your mortgage provider? Providing these details early can help identify documentation or transaction requirements before closing.
If the property is not agricultural or near a sensitive site and you have no connection to a country or category covered by the applicable state law, a state ownership restriction may be less likely to affect the transaction. You should still confirm the applicable exemptions and definitions before making an offer.
When to Get Legal Advice Before You Offer
- The property is rural, agricultural, or timberland.
- The property is near a military base, port, airport, or other critical facility.
- You or anyone in your buying entity has a connection to a designated country.
- Your entity has foreign members, managers, or beneficial owners and you are buying in Texas or Florida.
An international-buyer real estate agent can help you identify these issues while you search, so they come up before you make an offer.
Financing US Property With HomeAbroad
Once you know a property is open to you, HomeAbroad offers financing designed for international buyers, including borrowers who do not have an established US credit history. That does not mean no review. Qualification may use foreign credit reports, bank references, property income, assets, or other approved documentation, depending on the program.
- DSCR loan: For investment properties. Qualification focuses mainly on whether the property’s rental income covers the mortgage payment, including principal, interest, taxes, insurance, and association dues (PITIA), rather than relying primarily on your personal income.
- Full Documentation Loan: Considers your foreign income, assets, debts, and credit profile, and may accept an International Credit Report or approved alternative credit evidence. This is a non-QM program and does not conform to Fannie Mae or Freddie Mac guidelines.
Terms and eligibility depend on the borrower, the property, the documentation, and the program in effect at the time you apply.
Your Next Step
Before moving forward, identify the property’s state, property classification, location, and proposed ownership structure, then confirm whether any state or federal restriction applies. If the property appears eligible for purchase, the next step is to review financing options and confirm the transaction requirements with your legal and lending professionals.
Start your foreign-national mortgage pre-approval with HomeAbroad to see what you can buy before you begin touring properties.
Frequently Asked Questions
Does Buying US Property Give Me a Visa or Residency?
No. Owning US property does not grant a visa, residency, a green card, or citizenship, and it does not change your current immigration status. Immigration questions belong with a qualified immigration attorney.
Do I Need to Be in the US to Buy?
No. Many international buyers purchase and close remotely. The exact method, such as remote online notarization or signing at a US consulate, depends on the state and the lender, so confirm it early.
I Already Own Property. Will a New State Law Force Me to Sell?
It depends on the state. Florida allowed owners who held property before July 1, 2023 to keep it, with a registration requirement. Other states handle existing owners differently, and some laws include forced sale for acquisitions made after the law took effect. Check how your state treats property acquired before its law’s effective date.
Does AFIDA Apply to a House in a City?
Usually not. AFIDA applies to agricultural land as defined in federal rules, which generally means land used for farming, ranching, or timber. A home or condo in a city or suburb typically falls outside it. The June 2026 proposed rule would broaden the definition, so rural buyers should watch for the final rule.
