The Substantial Presence Test
A resident alien for tax purposes is a person who is a U.S. citizen or a foreign national who meets either the “green card” or “substantial presence” test as described in IRS Publication 519, U.S. Tax Guide for Aliens.
In general:
- F and J student visa holders are considered resident aliens after five calendar years in the U.S.
- J researchers and professors are considered resident aliens after two calendar years in the U.S.
- H-1, TN, and O-1 visa holders are considered resident aliens once they meet the “substantial presence” test.
A non-resident alien for tax purposes is a person who is not a U.S. citizen and who does not meet either the “green card” or the “substantial presence” test as described in IRS Publication 519, U.S. Tax Guide for Aliens.
In general:
- F and J student visa holders are considered non-resident aliens during their first five calendar years in the U.S.
- J professors and researchers, are considered non-resident aliens during their first two calendar years in the U.S.
- H-1, TN and O-1 visa holders are considered non-resident aliens until they meet the “substantial presence” test.
The “Substantial Presence Test”
A foreign national in non-immigrant visa status may be considered a resident alien for tax purposes as soon as he/she meets the “substantial presence” test for a calendar year (January 1 to December 31). To meet this test, the person must be physically present in the U.S. on at least:
- 31 days during the current calendar year and
- 183 days during the three-year period that includes the current calendar year and the two years immediately preceding. The individual should count: all the days he/she was present in the U.S. in the current year, 1/3 of the days present in the U.S. the preceding year, and 1/6 of the days present the year before that.
Exceptions to the time counted toward the Substantial Presence Test for students and scholars in F-1 and J-1 status (and their dependents):
- A J-1 professor or researcher who is complying with the requirements of the visa, does not count days for the first two calendar years.
- An F-1 or J-1 student, who is complying with the requirements of their visa, does not count days for the first five calendar years.
