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How to file income tax in the first year of EB-3?

Learn how to file income tax in the first year with EB-3 status in the U.S., including tax status definition, obtaining the SSN, correct forms, and compliance with legal obligations.

Written by

Victoria Harper

Editor-in-Chief

Updated on August 7, 2025
3 min read
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If you have just obtained EB-3 status and are beginning your journey in the United States, understanding how to file income tax in the first year may seem challenging. However, with clear information and attention to detail, this process can be managed in an organized manner and in accordance with U.S. laws.

First, it is important to determine whether you will be considered a ‘resident alien’ or ‘non-resident alien’ for tax purposes. This status is generally determined by the Substantial Presence Test – which evaluates the number of days you have been in the U.S. during the year. If, for example, your stay is sufficient to meet this test, you will need to report your worldwide income, which means reporting not only income earned within the country but also income from abroad. If your status is non-resident, only income originating from the U.S. needs to be reported.

Another relevant point is to obtain your Social Security Number (SSN), which is essential for filing your return with the U.S. Internal Revenue Service (IRS). With the SSN in hand, you will be able to complete the appropriate forms – such as the 1040 for residents or the 1040NR for non-residents. When filling out the forms, pay attention to correctly identifying your tax status, applying the deductions and credits that apply to your situation. If you have income from abroad, seek to understand the mechanisms to prevent double taxation, with the help of relevant tables and documents, so you do not end up paying more taxes than necessary.

It is essential to remember that compliance with immigration laws and tax obligations is a crucial aspect of your stay in the United States. This means it is recommended to seek guidance from specialized professionals, so you can clarify specific doubts and avoid falling into marketing traps or promises of miraculous results. Companies that truly have experience in immigration matters can offer support, but it is important to maintain a critical and secure attitude, avoiding any situation that may compromise your legal or tax status.

In the end, organizing your documents, keeping a record of all your financial transactions, and observing the deadlines established by the IRS (usually by April 15 of the following year) are measures that will help ensure your income tax return is correct and compliant with U.S. regulations. Staying informed and cautious, always in line with current laws, is the best path for a smooth transition in your new EB-3 status.

Learn more about EB-3 Visa

Category
EB-3 Green Card (3rd priority)
PERM
Required
Requirement
Skilled worker
Processing
1-10 years
All about EB-3 Visa
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.

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How to file income tax in the first year of EB-3?

Learn how to file income tax in the first year with EB-3 status in the U.S., including tax status definition, obtaining the SSN, correct forms, and compliance with legal obligations.

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