praveensg.com

Am I a resident alien if I’m on an H1B?

I do get a lot of referrals from Google for this query. Google, however, takes you to this page which might get really frustrating if it’s the tax season and you want an answer real quick. So, today I decided I should put this issue to rest and provide an answer myself.

The answer is both yes and no.

Yes, you are a resident alien to the IRS. That is, if you pass the substantial presence test and reside in the United States, you’re considered a resident alien for tax purposes.

No, you’re not a resident alien to the USCIS. As far as immigration is concerned, H1B is a non-immigrant visa with immigrant intent. That is, if you’re on an H1B, you are not a resident but you can have immigrant intent in the future (eligible for permanent residency via employment etc.).