OPERATIONAL BUILD: 2026050809 SYNC: 2026-05-08 09:03:55Z
EB-2 IND APR 01 2013 ▲ 7d EB-3 ROW JUN 01 2024 ▲ 30d EB-2 CHN MAR 22 2020 ▲ 14d USCIS PROC TSC 2.7 mo ▼ slowing PERM AVG 14.5 mo flat H-1B FY27 selection rd-2 due May 19 NIW APPR 73.0% ▼ -1.4pp YoY
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Substantial Presence Test decision tree for US tax residency
Substantial Presence Test decision tree for US tax residency. Source: federal data — see /sources/.

Not tax advice. Consult a licensed CPA or enrolled agent for your specific filing.

U.S. tax for visa holders and non-residents

U.S. tax obligations for foreign nationals depend on residency status under IRS Publication 519. The Substantial Presence Test (SPT) determines whether you file as a resident (Form 1040) or non-resident (Form 1040-NR). F-1 / J-1 students are generally exempt individuals for SPT purposes during the first 5 calendar years; H-1B and L-1 holders count days from arrival.

Beyond the federal income tax return, visa holders may have:

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