Stimulus Checks: International Students' Exclusion Explored

should international students receive stimulus check

International students' eligibility for stimulus checks in the United States is a complex issue. While some sources suggest that international students are generally not eligible for stimulus payments, others indicate that certain criteria must be met for eligibility. These criteria include the duration of stay in the US, tax status, and possession of a valid Social Security Number (SSN). International students with specific visa types, such as F and J visas, who have resided in the US for less than five years, are typically ineligible. However, those who have stayed for a longer duration and meet the substantial presence test, qualifying as residents for tax purposes, may be eligible. The eligibility determination considers age, taxpayer status, and whether an individual can be claimed as a dependent by another taxpayer. It is important for international students to seek official guidance and professional advice to clarify their specific situation and make informed decisions regarding stimulus checks.

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International students' eligibility for stimulus checks

According to the University of Oklahoma's website, some international students who meet the substantial presence test and are considered resident aliens for tax purposes may be eligible for stimulus checks. The substantial presence test consists of 31-day and 183-day requirements, which determine an individual's residency status for tax purposes. Additionally, having a valid Social Security Number (SSN) is a requirement to receive stimulus checks.

International students with F1 visas may not be eligible for stimulus checks, as they are typically considered non-resident aliens. However, if an international student has been in the United States for more than five years, satisfies the substantial presence test, and has a valid SSN, they may be eligible for stimulus payments. It is important to note that eligibility is based on individual circumstances, and specific cases should be discussed with tax experts.

While the IRS does not actively pursue the collection of incorrectly issued stimulus payments, it is recommended that ineligible recipients voluntarily return the payment following the IRS's guidelines. International students should refer to official sources or seek professional advice to understand their unique eligibility status and any associated legal implications.

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Tax implications for international students

International students in the US on an F-1 visa are considered nonresident aliens for tax purposes for the first five calendar years of their stay. This means that they will be taxed only on US-source income. International students are required to file their tax returns if they were in the US during the previous calendar year and earned an income. The amount of tax to be paid depends on the individual's income, the tax rates of each state, and their entitlement to tax treaty benefits.

There are some exceptions to the tax filing requirements for nonresident alien students and scholars. Filing is not required if the only sources of income are from a US savings and loan institution, a US credit union, a US insurance company, or an investment that generates portfolio interest. Additionally, if the student or scholar has a scholarship or fellowship grant that is entirely tax-free, they are also exempt from filing taxes.

It is important to note that some international students and scholars may be considered 'residents' or 'resident aliens' for tax purposes, even if they continue to hold a nonimmigrant visa status. This is determined by the substantial presence test, and those who meet the criteria are considered US residents for tax purposes.

Federal income tax is levied by the IRS on the annual earnings of individuals, corporations, trusts, and other legal entities. It is the largest source of revenue for the US government. In addition to federal income tax, most states in the US will collect state income tax. As a result, international students may have to file a state tax return and pay state income tax even when no federal return is due.

The US tax system operates on a pay-as-you-go basis, with automatic tax withholdings from paychecks, stipends, or financial aid. When filing annual tax returns, individuals use tax software to calculate their exact tax liability for the calendar year based on their total income and personal circumstances.

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The substantial presence test

To pass the SPT, a person must be physically present in the US on at least 183 days during a 3-year period, including the current year and the two preceding years. This is calculated by counting all the days present in the current year, one-third of the days present in the first year before the current year, and one-sixth of the days present in the second year before the current year. For example, if a person was physically present in the US for 120 days in 2021, 2022, and 2023, they would count all 120 days in 2023, 40 days in 2022 (one-third of 120), and 20 days in 2021 (one-sixth of 120), totalling 180 days. Since this is less than the required 183 days, they would not be considered a resident under the SPT for 2023.

It is important to note that certain individuals are exempt from the SPT. This includes individuals with specific visa types, such as foreign government-related individuals under an "A" or "G" visa (excluding "A-3" or "G-5" class visas), teachers or trainees under a "J" or "Q" visa, students under an "F," "J," "M," or "Q" visa, and professional athletes temporarily competing in charitable sports events. Additionally, individuals who are unable to leave the US due to a medical condition or those who are exempt individuals must file Form 8843 with their income tax return to exclude the days they were present in the country.

To claim an exception to the SPT, individuals must demonstrate that they have complied with immigration laws, maintained their nonimmigrant status, and have a closer connection to a foreign country than to the US. This can be done by attaching Form 8843 to Form 1040NR-EZ, along with an explanation of their eligibility for the closer connection exception.

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Non-resident aliens and stimulus checks

Non-resident aliens are generally not eligible to receive stimulus checks under the CARES Act. To be eligible for stimulus payments, individuals must be US citizens, permanent residents, or residents for tax purposes who have a valid Social Security Number (SSN) and have filed their tax returns for the previous year. Those who are considered non-resident aliens for tax purposes and have received stimulus checks in error should return the payment to the IRS and file an amendment to correct their status.

However, there are some exceptions and complexities to this rule. For example, if an individual can pass the Substantial Presence Test, they may be entitled to receive a stimulus check, even if they are an international student or J-1 visa holder. The Substantial Presence Test determines whether an individual has been physically present in the US long enough to be considered a resident for tax purposes.

It is important to note that the eligibility requirements for stimulus checks can vary depending on the specific legislation and the individual's circumstances. In some cases, non-resident aliens may qualify for stimulus payments if they have a valid SSN and meet other criteria.

Furthermore, there have been reports of non-resident aliens receiving stimulus checks, possibly due to errors by the IRS. In such cases, it is recommended to contact the IRS directly to seek clarification and confirm whether the payment was issued correctly. Returning the payment promptly and filing an amended tax return may be necessary to avoid any potential issues or liabilities in the future.

Overall, while non-resident aliens are typically ineligible for stimulus checks, there may be exceptions depending on an individual's specific circumstances and the applicable legislation. Seeking guidance from the IRS or a tax professional can help clarify eligibility and ensure compliance with any necessary amendments or returns.

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Returning stimulus checks

If your mailed stimulus check refund does not arrive within 28 days, you can file an online claim for a replacement check. The IRS offers a free online tracker, Where’s My Refund?, which gives real-time updates on the status of your refund, including any stimulus-related payments. The tool updates once daily, typically overnight, and is unavailable for maintenance between 4–5 a.m. Eastern Time. Mobile users can download the IRS2Go app to access the same information. The refund tracker displays three phases to help you understand your refund’s progress: Return Received, Refund Approved, and Refund Sent. Direct deposits can take up to 5 days to post, while mailed checks may take several weeks.

While there’s no new federal stimulus program announced as of mid-July 2025, some taxpayers may be receiving delayed stimulus payments from past credits or reconciliation claims filed this year. These payments will show up alongside your regular refund if eligible. According to the IRS, refunds—including stimulus-related refunds—might be delayed due to errors or incomplete information in the tax return. Taxpayers who claimed the Earned Income Tax Credit (EITC) or Additional Child Tax Credit (ACTC) may also experience delays.

In the past couple of years, many states distributed one-time stimulus payments to qualifying residents, and some continue to offer rebates and "stimulus" payments. For example, California's Middle-Class Tax Refunds (MCTR) program offered payments ranging from $200 to $1,050, but this program has now concluded. The Sacramento Family First program is another initiative in California that provides $725 monthly payments to 200 low-income families until November 2025. Michigan has also sent tax credit checks to more than 700,000 families since the state’s expanded working families tax credit became effective in February 2024.

Frequently asked questions

International students may be eligible for stimulus checks if they meet certain requirements. These requirements include having lived in the US for at least 5 years, having a valid Social Security Number (SSN), and meeting the criteria for being a "resident for tax purposes" by passing the Substantial Presence Test.

The Substantial Presence Test is a process that determines an individual's tax status. It is comprised of two parts: 31-day and 183-day requirements. If an international student passes this test, they may be considered a "resident alien" for tax purposes and become eligible for certain benefits, such as stimulus checks.

There are no known negative legal implications for international students who are eligible to receive stimulus checks. Accepting these payments will not impact current or future immigration applications.

If an ineligible international student receives a stimulus check, they should return the payment following the guidelines provided by the IRS. The IRS is currently not pursuing the collection of incorrectly issued stimulus payments, but individuals may choose to return the money voluntarily.

Yes, international students can explore other financial support options such as scholarships and grants. They may also be eligible for unemployment benefits, depending on the state they reside in. Additionally, programs like Special Student Relief provide opportunities for students from countries facing natural disasters or large-scale crises to obtain work permits and additional off-campus work options.

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