# Can visa holders or DACA recipients get an SBA loan?

**Short answer:** No. SOP 50 10 8.1, Appendix 3 lists individuals granted asylum, refugees, visa holders, non-immigrant aliens and those under DACA as Ineligible Persons. No 7(a) or 504 loan may be made if any direct or indirect owner is one, at any percentage.

Canonical page: https://www.sbaexpress.loans/answers/can-visa-holders-or-daca-recipients-get-an-sba-loan/
Last checked: 2026-11-08

In this answer, DACA means Deferred Action for Childhood Arrivals.

No. No loan may be made if any direct or indirect owner or SBA-required guarantor is an Ineligible Person. That is SOP 50 10 8.1, Sec. A, Ch. 1, Para. F. Appendix 3 defines the term.

## Who is an Ineligible Person

- Undocumented aliens who are in the U.S. illegally.
- An individual granted asylum, a refugee or a visa holder.
- A non-immigrant alien under 8 U.S.C. § 1101(a)(15), or a person under Deferred Action for Childhood Arrivals.
- Any individual, including a visa holder, who is not a U.S. citizen or U.S. national.
- A citizen of the People's Republic of China or the Special Administrative Region of Hong Kong.
- A lawful permanent resident.
- A person or entity on the Office of Foreign Assets Control (OFAC) sanctions list.

The definition says it includes but is not limited to this list.

## No percentage exception

Policy Notice 5000-876441 removed the earlier exception that allowed up to 5% foreign ownership. The rule applies at any percentage, direct or indirect.

## Employees

Para. F limits owners and guarantors. It has one employment limit. Undocumented aliens who are in the U.S. illegally may not be an officer, director or employee of the applicant.

## What you can do

An Ineligible Person can completely divest before the SBA loan number is issued.

## Sources

- [SOP 50 10 8.1, Sec. A, Ch. 1, Para. F (p. 28)](https://legacy.sba.gov/sites/default/files/2026-10/SOP%2050%2010%208.1%20Technical%20Policy%20Updates%20effective%20%2010.1.2026.docx)
- [SOP 50 10 8.1, Appendix 3, Ineligible Person (about p. 300)](https://legacy.sba.gov/sites/default/files/2026-10/SOP%2050%2010%208.1%20Technical%20Policy%20Updates%20effective%20%2010.1.2026.docx)
- [SBA Policy Notice 5000-876441 (effective March 1, 2026)](https://legacy.sba.gov/document/policy-notice-5000-876441-update-sop-50-10-8-citizenship-residency-requirements-recission-procedural-notice-5000-872050)