Does the EB-3 automatically make me a tax resident in the USA?

The EB-3 visa is an employment-based immigration path that can lead to obtaining the Green Card, allowing the immigrant to become a permanent resident in the United States. However, it is important to differentiate the condition of immigrant resident from the status of tax resident. In other words, even if you obtain the EB-3 and, with it, legal resident status, this does not automatically mean you are considered a tax resident for tax purposes.

In the United States, the determination of tax residency is generally related to specific tests, such as the “substantial presence test,” which analyzes how many days you have been physically present in the country during a certain period, or, in the case of holding a Green Card, being considered a tax resident under Internal Revenue Service (IRS) rules.

Thus, by becoming a permanent resident through the EB-3, you will likely have tax obligations on your worldwide income, but this situation depends on various criteria and personal circumstances. It is essential to always observe the immigration and taxation laws and regulations of the United States.

Therefore, if you have doubts about your tax situation after obtaining the EB-3, it is recommended to seek specialists in the area – both immigration and tax planning – for specific guidance. Remember to avoid miraculous promises of results or approaches that oversimplify a process which, by nature, is complex and involves several legal and tax implications.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.