Non-Resident Visa Holders and Stimulus Checks: Understanding Eligibility and Requirements

The distribution of stimulus checks during the COVID-19 pandemic in the United States was a significant relief measure for many Americans. However, the eligibility for these checks was limited to certain categories of individuals, including U.S. citizens and resident aliens. This article aims to clarify the eligibility criteria for non-resident visa holders, specifically those on H1B and J1 visas.

Eligibility for Stimulus Checks for Non-Resident Visa Holders

Non-resident visa holders, such as those on H1B or J1 visas, generally do not qualify for U.S. stimulus checks, also known as Economic Impact Payments, that were distributed during the pandemic. The eligibility for these payments typically required individuals to be U.S. citizens or resident aliens who meet the substantial presence test and have a valid Social Security Number (SSN).

Special Cases for Certain Non-Resident Visa Holders

However, there were some exceptions for certain non-resident visa holders, especially if they filed taxes as residents and could demonstrate that they were resident aliens for tax purposes by meeting the substantial presence test. For example, if a non-resident visa holder, such as an H1B holder, could show they met the substantial presence test, they might still qualify for the stimulus payments provided they fell within the income criteria.

Examples of Eligibility for H1B Holders

Based on real-world examples, individuals on H1B visas who filed taxes as residents and qualified through the substantial presence test were able to receive the full stimulus amount of $1200. If a couple filed as married filing jointly, both spouses needed to have an SSN to receive the full amount of $2400. Furthermore, if a couple had at least one qualifying child, an additional $500 per child could be claimed provided all family members had SSNs.

For instance, one friend, an H1B holder with an SSN, received $2,900 for themselves and their child, indicating that their wife, though on an H4 visa, had an earlier SSN from her L2 status. Another friend, whose spouse was granted an Employment Authorization Document (EAD) for H4, received $2,900 as well after their spouse applied for an SSN a year ago.

Real-Life Examples

A research scholar with a J1 visa who filed taxes and linked their bank account via TurboTax also received a stimulus check of $1200, deposited directly into their bank account. To qualify for the stimulus, individuals must have their records in the IRS and a valid SSN.

Substantial Presence Test and Residency Status

It is important to note that an H1B visa holder may be considered a resident for tax purposes if they satisfy the substantial presence test. This test is based on the number of days an individual is present in the U.S. within a three-year period. If an H1B holder meets the substantial presence test and is within the income criteria, they would qualify for the stimulus payment.

J1 Visa Holders and Stimulus Checks

On the other hand, J1 visa holders, which often cover international students and exchange visitors, generally do not qualify for stimulus checks, as they typically do not meet the substantial presence test or other requirements necessary for eligibility.

For the most accurate and specific information regarding individual situations, it is always best to consult with a tax professional or refer to the IRS guidelines.