Generally, yes. Keeping a tax address in your home country does not, by itself, constitute a violation of the immigration rules governing the O-1 visa. The visa focuses on demonstrating your extraordinary ability, and ties to your home country are not, on their own, a problem.
The aspect that requires attention is the tax side, which follows its own logic, separate from immigration. Your tax situation may vary depending on how much time you spend in the United States and the source of your income, and that can affect where and how you need to file taxes.
For that reason, it is worth considering two distinct areas:
- Immigration: maintaining residence and intent consistent with what the visa requires.
- Taxation: understanding your obligations with the IRS and the tax authorities in your home country.
Since every situation has its nuances and tax rules can be complex, confirm the details at the official sources (IRS and USCIS) and seek guidance from a qualified tax professional for your specific case.
Learn more about O-1
- Requirement
- Extraordinary ability
- Initial validity
- 3 years
- Extension
- 1 year at a time (unlimited)
- Processing
- 2-4 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.