International Students: Temporary Resident Status Explained

International students on F-1 visas in the US are considered temporary residents. A temporary resident is a foreign national who is granted the right to stay in a country for a specific period, without full citizenship. This may be for study, business, or other reasons. In the US, permanent residents are known as 'green card' holders and are authorized to live and work in the country indefinitely. Foreign nationals with visas that require a prolonged stay, such as F-1 student visas, are considered temporary residents. These individuals are subject to specific rules and conditions outlined in their visas and may be considered resident aliens for tax purposes after residing in the US for a certain period.

Characteristics and values of temporary residents

International students with F-1 visas are considered temporary US residents

International students with F-1 visas are considered temporary residents during their stay in the US. They are subject to specific rules and regulations, including those related to taxation. For tax purposes, a resident alien is a US citizen or a foreign national who meets either the "green card" test or the "substantial presence" test as outlined in IRS Publication 519, U.S. Tax Guide for Aliens. F-1 visa holders are generally considered non-resident aliens during their first five calendar years in the US and are taxed differently from resident aliens.

The "substantial presence" test considers the number of days an individual has been physically present in the US over a three-year period, including the current year and the two preceding years. While F-1 visa holders are typically considered non-resident aliens, they may meet the "substantial presence" test and be classified as resident aliens for tax purposes if they are physically present in the US for at least 183 days during this three-year period. However, there are exceptions to the time counted toward the test for students in F-1 status, and it is recommended to consult a tax advisor to understand the specific rules and how they apply to an individual's circumstances.

It is important to note that the rules and regulations regarding temporary residency and taxation for international students with F-1 visas may change, and it is always advisable to seek the most up-to-date information from official sources or consult with an expert in the field. Additionally, each country has its own unique policies and procedures regarding temporary residency, and understanding these specifics is crucial for anyone considering international study or travel.

International students can be considered non-resident aliens for tax purposes

International students on F-1 visas are generally considered non-resident aliens for tax purposes in the US and are required to file a US tax return (Form 1040-NR) for any income earned from US sources. This is because, according to the residency rules of the IRC, they are "temporarily present" in the US. However, they may still be subject to US income tax if they engage in self-employment.

F-1 students are exempt from Social Security Tax and Medicare Tax on wages paid to them for services performed within the United States. To qualify for this exemption, the services performed must be allowed by the USCIS for these nonimmigrant statuses, and such services must be performed to carry out the purposes for which such visas were issued.

International students on F-1 visas will be considered resident aliens for tax purposes if they pass the "Substantial Presence Test". This test determines whether an individual who is not a US citizen or permanent resident should be taxed as a resident or a non-resident alien for a specific year. To meet this test, the person must be physically present in the US on at least 183 days during the three-year period that includes the current calendar year and the two years immediately preceding.

J-1 visa holders are also considered non-resident aliens during their first five calendar years in the US. J-1 professors or researchers who are complying with the requirements of the visa do not count days towards the "Substantial Presence Test" for the first two calendar years. After two calendar years in the US, J-1 visa holders are considered resident aliens.

Temporary residents can apply for permanent residency through a green card

Temporary residents in the US are foreign nationals who hold certain types of visas, such as B1, H-1B, O1, E1, F1, and J1. These visas are typically issued for specific purposes, including visiting, working, or studying, and are valid for a limited period. Temporary residents are subject to various restrictions, including limitations on employment and travel, and they must adhere to the rules and conditions specified in their visas.

Now, let's discuss how temporary residents can apply for permanent residency through a green card:

In the United States, permanent residency, often known as a "green card," authorizes an individual to live and work in the country indefinitely. Obtaining a green card is a sought-after goal for many temporary residents as it offers more stability and fewer restrictions compared to temporary visas. Here are the steps and considerations for temporary residents seeking to obtain permanent residency through a green card:

• Understanding Eligibility: Different categories exist for obtaining permanent residency, such as family sponsorship, employment, or specific programs like the DREAM Act. The eligibility criteria vary depending on the category. For example, the DREAM Act is intended for undocumented immigrants under 31 who entered the US before turning 16, have resided there continuously for at least 5 years, have no serious criminal record, and meet educational or military service requirements.
• Timing and Absences: Temporary residents seeking a green card should be mindful of the timing and duration of their stays abroad. Absences from the US for more than 6 months at a time or extended periods might negatively impact their green card candidacy. This is because permanent residency implies an intention to reside in the country, and prolonged absences may raise questions about this intention.
• Visa Requirements: Before applying for a green card, temporary residents must ensure they are complying with the rules and requirements of their current visa status. This includes maintaining valid visa documentation, adhering to any conditions or restrictions, and providing proof of their intention to return to their home country after their temporary stay.
• Application Process: The process for obtaining a green card typically involves filing the appropriate forms, such as Form I-485 for Status Adjustment if the applicant is already in the US, or completing consular processes at a US embassy or consulate if applying from abroad. Applicants may also need to undergo medical tests and submit biometric information for security reviews.
• Financial Stability: Demonstrating financial stability is an important aspect of a green card application. Applicants should be prepared to provide evidence of their financial accounts, passports, and visa approvals. Stable finances indicate that the applicant can support themselves and will not become a financial burden on the country.
• Permanent Residency Maintenance: Once a temporary resident obtains a green card, they must still maintain their permanent resident status. This includes complying with tax obligations, following the law, and avoiding extended absences from the US. Even with a green card, if a person lives outside the US indefinitely and only returns for visits, they may lose their permanent resident status.

By following these steps and considerations, temporary residents can increase their chances of successfully obtaining permanent residency through a green card. It is important to stay informed about the latest immigration regulations and to seek guidance from official sources or immigration attorneys to ensure a smooth transition from temporary to permanent residency.

Temporary residents are subject to time limits for living abroad

Temporary residents, including international students, are subject to time limits for living abroad. The specific rules and time limits vary depending on the country of residence and the country in which the individual is seeking to live.

In the United States, temporary residents seeking green card status must be mindful of the time they spend living abroad. Spending more than six months abroad may disqualify them from receiving a green card. As such, temporary residents seeking permanent resident status often choose not to risk their green card candidacy and typically do not apply for programs longer than one semester.

In addition to time limits, temporary residents must comply with various other conditions, including checking expiration dates and rules on their visas. Non-US citizens must also follow the visa rules applicable to their citizenship.

In Europe, the Schengen Agreement standardizes visa, passport, and border controls across all member states. US citizens can travel to these countries for up to 90 days without a visa. However, when travelling on a long-term visa or resident permit, individuals must return to the country that issued their visa, even if they are visiting other Schengen member states.

International students often have different rules and time limits for living abroad, which vary depending on the country and the type of visa held. For example, in the United Kingdom, international students with a Tier 4 (General) visa can work up to 20 hours per week during the semester and full-time during academic breaks. In contrast, in Germany, international students outside the EU or EEA face work-hour restrictions, limited to 120 full workdays or 240 half workdays per year unless they obtain special government approval.

Non-US citizens must follow visa rules applicable to their citizenship

International students are classified as "non-immigrant" visitors who enter the United States temporarily to take classes or take online courses virtually from anywhere in the world. A non-immigrant is someone who intends to stay in the US temporarily, does not have US citizenship or legal permanent resident status, is currently in the US on a non-immigrant visa, and applies for a visa to be allowed entry into the US.

The Visa Waiver Program (VWP) allows citizens of certain countries to enter the US as nonimmigrant visitors for 90 days or less without a visa for business or pleasure. To be eligible for the VWP, applicants must have a round-trip ticket, provide evidence of financial solvency and a domicile abroad, arrive on a designated carrier, and have a valid passport for at least six months beyond their intended stay. It is important to note that a visa does not guarantee entry into the US, and the final decision is made by a CBP Officer at the port of entry based on US immigration law.

International students typically hold an F-1 student visa, which allows them to enter the US temporarily to take classes or online courses. Other visa statuses, such as H4 or L2, may also permit study. It is important for non-US citizens to research the specific visa requirements and rules applicable to their country of citizenship when planning to visit or study in the United States.

Frequently asked questions