For tax purposes in the United States, the classifications ‘resident alien’ and ‘nonresident alien’ define how a person must report their income. One important point: this distinction is tax-based and should not be confused with your immigration status, such as H-1B.
In general, a ‘resident alien’ for tax purposes is someone who meets certain tax residency criteria, such as the substantial presence test, or who holds a green card. This status typically means reporting worldwide income, not just earnings from within the United States.
A ‘nonresident alien’, on the other hand, is someone who, even while living or working temporarily in the country, does not meet those tax residency criteria. In this case, the tax return generally covers only income from U.S. sources, with its own withholding rules and potential exemptions.
Since the classification depends on factors such as length of stay and varies case by case, it is worth verifying your own tax status and seeking updated guidance from official sources (such as the IRS) or a tax professional, to file correctly and avoid issues.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.