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SBA rules · SOP 50 10 8.1

Can a non-citizen sign a guaranty on an SBA loan?

A non-U.S. citizen cannot execute an SBA-required guaranty, but an eligible non-citizen may provide a limited guaranty if required by the lender for loan approval or by SBA to support pledged jointly held collateral.

Quoted from SBA SOP 50 10 8.1Every quote checked word for word

In detail

  • SBA-required guarantors: All SBA-required guarantors must be U.S. Citizens or U.S. Nationals who have their Principal Residence in the United States, its territories, or possessions, and no loan may be made if any SBA-required guarantor is an Ineligible Person.
  • Ineligible Person classification: Non-U.S. citizens and foreign nationals, including Lawful Permanent Residents (green card holders), visa holders, refugees, and non-resident aliens, are defined as Ineligible Persons.
  • Limited guaranty exception: An Ineligible Person may provide a limited guaranty only when a limited or supplemental guaranty is required by the lender for credit approval, or by SBA to support the pledge of jointly held required collateral.
  • Undocumented aliens prohibited: Undocumented aliens who are in the United States illegally are completely barred from providing any guaranty, even under the limited guaranty exception.

The source

What the SOP says

“SBA financing is limited to business Applicants with 100% direct and/or indirect owners and SBA-required guarantors, all of whom must be U.S. Citizens or U.S. Nationals who have their Principal Residence in the United States, its territories, or possessions.
SOP 50 10 8.1, Chapter 1: Primary Applicant Eligibility Requirements > Citizenship And Residency Requirements (lines 530-532)✓ Verified
“No loan may be made if any direct or indirect owner or SBA-required guarantor is an Ineligible Person.
SOP 50 10 8.1, Chapter 1: Primary Applicant Eligibility Requirements > Citizenship And Residency Requirements (lines 530-532)✓ Verified
“When a limited or supplemental guaranty is required by the Lender for their approval, or by SBA to support the pledge of jointly held required collateral, an Ineligible Person (except for undocumented aliens who are in the U.S. illegally) may provide a limited guaranty.
SOP 50 10 8.1, Chapter 1: Primary Applicant Eligibility Requirements > Direct/Indirect Owners (lines 533-537)✓ Verified
“An individual, including a visa holder, who is not a U.S. Citizen, or U.S. National (non-resident aliens);
SOP 50 10 8.1, Appendix 3: Definitions > Indirect Export (lines 4326-4335)✓ Verified
“Guarantors must comply with the requirements in Ch. 1, Para. F, Citizenship and Residency Requirements.
SOP 50 10 8.1, Chapter 5: Other Core Requirements > Personal Guaranties: (lines 1343-1349)✓ Verified

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Related reading

This page quotes the SBA's Standard Operating Procedure 50 10 8.1. Lenders can ask for more than the SBA minimum. It is general information, not a loan approval or legal advice.