How to File Taxes as a Non-Resident Visa Holder in the USA

This article was last updated and fact checked on October 24, 2024 by Mani Karthik.

So, you’re living in the U.S. on a non-resident visa and now you’re wondering how to handle your taxes?

Filing taxes in the U.S. can feel like a maze, especially if you’re on a non-resident visa.

But don’t worry, it’s not as confusing as it might seem.

In this guide, we’ll break down everything you need to know about filing taxes as a non-resident visa holder, and how to stay compliant with IRS rules.

Who Is Considered a Non-Resident for Tax Purposes?

The first step in figuring out your tax situation is determining whether you’re considered a non-resident or resident alien for tax purposes.

If you are a non-resident visa holder (like an F-1 student, J-1 exchange visitor, or H-1B worker) and you don’t meet the Substantial Presence Test, you’re likely considered a non-resident alien for tax purposes.

The Substantial Presence Test basically checks how many days you’ve been in the U.S. over the past 3 years.

If you don’t pass the test, you’ll file as a non-resident.

Step 1: Gather the Necessary Forms

As a non-resident visa holder, the main tax form you’ll need is Form 1040-NR.

This form is specifically for non-resident aliens.

You may also need to file Form 8843 if you’re a student or scholar on an F, J, M, or Q visa, even if you didn’t earn any income in the U.S.

Make sure you gather all relevant documents, like your W-2 (if you were employed), 1099 forms (for independent contractors), or other income statements.

Step 2: Know Your Filing Status

Unlike U.S. citizens and resident aliens, non-residents don’t have the same filing status options.

If you’re a non-resident alien, you will most likely file as Single.

You cannot file as Head of Household, and you typically can’t claim any dependents unless you’re from specific treaty countries that allow dependents to be claimed.

You’ll also only report income earned in the U.S., not income earned abroad.

Tip: Always check if your country has a tax treaty with the U.S. to avoid double taxation!

Step 3: Understand Your Deductions and Credits

As a non-resident, you’re eligible for fewer deductions and tax credits compared to U.S. citizens or resident aliens.

However, you may be able to deduct certain expenses like:

• State and local income taxes.
• Charitable contributions to U.S.-based organizations.
• Some business expenses (if applicable).

If you’re a student or scholar, you may also qualify for special tax treaty benefits that can exempt a portion of your income from U.S. taxation.

Step 4: Filing Your Tax Return

When you’re ready to file your taxes, you can submit Form 1040-NR either online or by mailing it to the IRS.

Make sure to keep a copy of all documents and forms for your records.

You may also need to pay state taxes, depending on where you live and work in the U.S.

Each state has its own rules, so be sure to check whether your state requires you to file a separate state tax return.

Tip: Some online tax software supports Form 1040-NR, making the filing process a lot easier.

Step 5: Pay Any Taxes Owed or Get a Refund

If you owe taxes, make sure to pay the amount due by the tax deadline (usually April 15).

You can pay your taxes online using the IRS payment portal, or by sending a check or money order with your tax return.

If you paid more tax than required, you’ll be eligible for a tax refund.

The IRS will typically send you your refund within 3 to 4 weeks if you file electronically, or up to 8 weeks if you file by mail.

Final Thoughts: Keep Track of Tax Deadlines

As a non-resident visa holder, filing taxes might feel overwhelming at first, but staying compliant is key to maintaining your visa status.

Remember to file Form 1040-NR, track any possible tax treaty benefits, and pay attention to IRS deadlines to avoid penalties.

By following these steps, you’ll be on top of your tax obligations in no time.