Will I be considered as a resident alien for tax purposes??

You have a combination tax law/immigration law question. As you probably are aware, an F-1 Visa is a student visa. Student visas are limited when it comes to work eligibility. Pursuant to information that I have obtained from the United States Immigration support web site, the following are the rules for working on F-1 Student Visa: > * Students may work on campus as long as they are enrolled in school. > * Students may apply for Curricular Practical Training (CPT) to gain work experience in >their field of study while being a full time student. > * Students may take advantage of Optional Practical Training (OPT) once the degree is >completed as a full time employee. > * Many students obtaining a bachelor or master's degree in the United States go on to be >sponsored by their employer for an H-1B Work Visa. Source: https://www.usimmigrationsupport.org/f1-student-visa.html. With respect to your first question as to whether you are considered a resident or nonresident alien, you must pass one part of a two-part test to be considered a resident alien. The first part is the green-card test. If during the calendar year you were a permanent resident of the United States according to the immigration laws, and your status has not been rescinded or determined to have been abandoned, you are considered to have met the green-card test. From the text of your question, this part does not apply to you. Alternatively, the second test is the "substantial presence test." To meet the substantial presence test, you must have been physically present in the United States for at least 31 days during the current year, and for 183 days during the three-year period that includes the current year and the two years immediately prior. Nevertheless, other stipulations exist; thus, I suggest visiting the IRS web site and read tax topic 851 for further information: http://www.irs.gov/taxtopics/tc851.html. With respect to your second question, the answer depends on your status as determined from the answer to your first question and by the policies of the particular employer. However, if you have engaged/are engaging in a trade or business in the United States or have any other U.S. income on which the tax was not fully paid and you are a nonresident alien, you must file Form 1040NR or Form 1040NR-EZ. Therefore, you may be able to work at the web site, even as a nonresident alien. However to remain in the United States legally, you will need to have your visa in order. The status of your visa is an immigration question and contains limitations on your ability to work. If you have any issues with your visa, you may be deported. In addition, employers may not wish to employ an undocumented individuals lest the employer could be found to be in violation of federal immigration laws. I suggest that you contact an attorney who specializes in immigration law (which I do not) for further advise regarding your F-1 Student Visa. In summary, if you have a green-card, then you are golden. If you have a valid visa and pass the substantial presences test, then you are consider a resident alien and likely to be able to work in the United States under the terms of your particular visa. However, if you are a nonresident alien without a valid visa, your chances of working at the subject job decline substantially. On the other hand, nonresident aliens with valid visas may work in the United States, but have specific filing requirements as specified above. Good luck!

If you meet the Green Card Test and Substantial Presence test as the other lawyer described, then you are a resident alien. If you do not meet these tests, then you are a non-resident alien. If the website rules are that you must be a citizen or resident alien, then you will have to meet the tests above to work since you are not a citizen. Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.