Is an H-1B visa holder a resident or visitor to the U.S.? [closed]

When entering the U.S. you are required to fill out a customs declaration. It requires you to select if you are a resident or visitor. Is an H-1B visa holder that is intending to stay in the U.S. and work for several years classified as a resident or a visitor?

There is additionally a question about country of residence on the customs declaration form. Should this be the U.S. or the country that you are coming from (although you are no longer living there for any practical purposes or matters)?

The confusion comes from the fact that H-1B visa holders apparently are not permanent residents at least. But it is not clear if there are other types of "residents", such as "temporary residents" perhaps? The length of the stay, several years, is associated with someone who is a resident.

Best Answer

When I was on H1B I was explicitly told by a border agent that I should consider myself a USA resident for the purposes of customs declarations. Which makes sense, under any reasonable definition of "residence". This of course applies only to a situation in which you physically live in the US while on the H1B.

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Is H-1B resident or non resident?

However, for purposes other than calculating their income tax liability (including for purposes of certain information reporting), H-1B aliens are treated as resident aliens under the Internal Revenue Code.

Is an H-1B visa holder a permanent resident?

As an H1B holder, you do not have lawful US permanent residence, therefore in the eyes of USCIS, you are not a resident alien. However, the IRS have a different definition of 'resident alien'.

Is H-1B a visitor?

The H1B visa is an employment-based, non-immigrant visa for temporary workers. For this visa, an employer must offer a job in the US and apply for your H1B visa petition with the US Immigration Department.

Is H-1B considered non resident alien?

H-1, TN and O-1 visa holders are considered non-resident aliens until they meet the \u201csubstantial presence\u201d test.

What no one tells you about the H-1B Visa || The harsh reality of H-1B

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