Question 1

What is FBAR and who needs to file it?

Accepted Answer

FBAR stands for FinCEN Form 114 (Report of Foreign Bank and Financial Accounts). US persons — including citizens, green card holders, and resident aliens (H-1B, L-1, and others who meet the Substantial Presence Test) — must file an FBAR if the aggregate value of all foreign financial accounts exceeded $10,000 at any point during the calendar year. This includes bank accounts, brokerage accounts, mutual funds, and certain other financial accounts held outside the US. The deadline is April 15 with

Question 2

What is FBAR and who needs to file it?

Accepted Answer

FBAR stands for FinCEN Form 114 (Report of Foreign Bank and Financial Accounts). US persons — including citizens, green card holders, and resident aliens (H-1B, L-1, and others who meet the Substantial Presence Test) — must file an FBAR if the aggregate value of all foreign financial accounts exceeded $10,000 at any point during the calendar year. This includes bank accounts, brokerage accounts, mutual funds, and certain other financial accounts held outside the US. The deadline is April 15 with

Question 3

Can H-1B visa holders invest in the US stock market?

Accepted Answer

Yes. H-1B visa holders who are US tax residents (meeting the Substantial Presence Test) can open and invest in taxable brokerage accounts, Roth IRAs, Traditional IRAs, and participate in employer 401(k) plans — just like US citizens. There are no immigration-law restrictions on stock market investing for lawful non-immigrant status holders. Important nuances: (1) You may have FBAR and FATCA filing obligations if you retain foreign investment accounts. (2) If you hold Indian mutual funds (PFICs —

Question 4

Can H-1B visa holders invest in the US stock market?

Accepted Answer

Yes. H-1B visa holders who are US tax residents (meeting the Substantial Presence Test) can open and invest in taxable brokerage accounts, Roth IRAs, Traditional IRAs, and participate in employer 401(k) plans — just like US citizens. There are no immigration-law restrictions on stock market investing for lawful non-immigrant status holders. Important nuances: (1) You may have FBAR and FATCA filing obligations if you retain foreign investment accounts. (2) If you hold Indian mutual funds (PFICs —

Question 5

What is a PFIC and why does it matter for NRIs and H-1B holders?

Accepted Answer

PFIC stands for Passive Foreign Investment Company — a tax classification applied to most foreign (non-US) mutual funds, ETFs, and Unit Investment Trusts (UITs), including popular Indian mutual funds like those offered by HDFC, ICICI Prudential, and SBI. If you are a US tax resident and own PFICs, the IRS applies a punitive excess distribution regime: gains are taxed at the highest ordinary income rate (currently 37%), and an interest charge is added on top. This makes holding Indian mutual fund

Question 6

What is a PFIC and why does it matter for NRIs and H-1B holders?

Accepted Answer

PFIC stands for Passive Foreign Investment Company — a tax classification applied to most foreign (non-US) mutual funds, ETFs, and Unit Investment Trusts (UITs), including popular Indian mutual funds like those offered by HDFC, ICICI Prudential, and SBI. If you are a US tax resident and own PFICs, the IRS applies a punitive excess distribution regime: gains are taxed at the highest ordinary income rate (currently 37%), and an interest charge is added on top. This makes holding Indian mutual fund

Question 7

How does the US-India tax treaty affect me as an H-1B or green card holder?

Accepted Answer

The US-India Tax Treaty provides certain protections but does not eliminate the obligation to file US taxes on worldwide income. Key provisions: Article 21 provides relief for students and business apprentices from India on certain types of income. Article 15 covers salaries — generally taxable only in the country where the work is performed. Article 22 covers certain 'other income.' The treaty does not cover capital gains on Indian stocks or real estate owned in India by a US resident, which ar

Question 8

How does the US-India tax treaty affect me as an H-1B or green card holder?

Accepted Answer

The US-India Tax Treaty provides certain protections but does not eliminate the obligation to file US taxes on worldwide income. Key provisions: Article 21 provides relief for students and business apprentices from India on certain types of income. Article 15 covers salaries — generally taxable only in the country where the work is performed. Article 22 covers certain 'other income.' The treaty does not cover capital gains on Indian stocks or real estate owned in India by a US resident, which ar

Question 9

How should I plan financially if I might return to India someday?

Accepted Answer

Uncertainty about whether you will stay in the US or return to India creates specific planning challenges. Key steps: (1) Maintain US retirement accounts — they remain yours and can be managed from India; the US-India tax treaty covers pension income. (2) Understand your NPS and EPF position in India if you have them — contributions may have stopped but funds remain. (3) For your goal corpus, calculate the purchasing power you need in India, adjusted for INR inflation and the INR/USD currency ri

Question 10

How should I plan financially if I might return to India someday?

Accepted Answer

Uncertainty about whether you will stay in the US or return to India creates specific planning challenges. Key steps: (1) Maintain US retirement accounts — they remain yours and can be managed from India; the US-India tax treaty covers pension income. (2) Understand your NPS and EPF position in India if you have them — contributions may have stopped but funds remain. (3) For your goal corpus, calculate the purchasing power you need in India, adjusted for INR inflation and the INR/USD currency ri

Question 11

How do I build credit in the US as a new immigrant?

Accepted Answer

Many immigrants arrive with no US credit history, making it difficult to get approved for credit cards, apartments, or auto loans. Steps to build credit from scratch: (1) Open a secured credit card — you deposit a security deposit (typically $200–$500) which becomes your credit limit. Use it for small purchases and pay in full each month. (2) Become an authorized user on a US citizen family member's credit card account. (3) Ask your bank about a credit-builder loan. (4) Once you have 6–12 months

Question 12

How do I build credit in the US as a new immigrant?

Accepted Answer

Many immigrants arrive with no US credit history, making it difficult to get approved for credit cards, apartments, or auto loans. Steps to build credit from scratch: (1) Open a secured credit card — you deposit a security deposit (typically $200–$500) which becomes your credit limit. Use it for small purchases and pay in full each month. (2) Become an authorized user on a US citizen family member's credit card account. (3) Ask your bank about a credit-builder loan. (4) Once you have 6–12 months

Question 13

What is the Substantial Presence Test and how does it decide if I'm a U.S. tax resident?

Accepted Answer

The Substantial Presence Test (SPT) is the day-counting formula the IRS uses to decide whether a non-citizen is a resident for tax purposes. You pass it if you were physically present in the U.S. at least 31 days in the current year AND 183 days under a weighted count: all the days this year, plus ⅓ of last year's days, plus ⅙ of the days two years ago. If you meet that 183-day threshold, the IRS generally treats you as a resident alien and taxes your worldwide income. The green-card test is a s

Question 14

What's the difference between a resident alien and a nonresident alien for U.S. tax purposes?

Accepted Answer

A resident alien is taxed by the U.S. much like a citizen: on worldwide income, using Form 1040, with access to the standard deduction and most credits. A nonresident alien is taxed only on U.S.-source income and certain U.S.-connected business income, files Form 1040NR, and generally can't claim the standard deduction (with limited exceptions, such as students from India under a treaty). You become a resident alien by meeting either the green-card test or the Substantial Presence Test. This sta

Question 15

What is a dual-status tax year and when does it apply to me?

Accepted Answer

A dual-status year is a single tax year in which you're a nonresident alien for part of it and a resident alien for the rest, which typically happens in the year you arrive in or permanently leave the U.S. For the resident portion you're taxed on worldwide income; for the nonresident portion only on U.S.-source income. You file one return reflecting both, usually a Form 1040 marked "Dual-Status Return" with a Form 1040NR statement attached (or the reverse in a departure year). Dual-status filers

Question 16

What is the first-year choice election and why might I use it?

Accepted Answer

The first-year choice is an election that lets you be treated as a U.S. resident alien for part of your arrival year, even if you don't meet the Substantial Presence Test that year. It's useful when you arrive late in the year and want to start your residency sooner, often as a stepping stone to then electing full-year resident treatment so you can file jointly and claim the standard deduction. To qualify you generally must be present at least 31 consecutive days in the year, and at least 75% of

Question 17

Should I file Form 1040 or Form 1040NR as a newcomer to the U.S.?

Accepted Answer

File Form 1040 if you're a resident alien for the year, and Form 1040NR if you're a nonresident alien. Resident aliens (those who meet the green-card test or Substantial Presence Test) use the same 1040 as citizens, report worldwide income, and get the standard deduction—$15,000 single or $30,000 married filing jointly for 2025. Nonresident aliens use 1040NR, report only U.S.-source and effectively connected income, and usually can't take the standard deduction. In an arrival or departure year y

Question 18

Why does the U.S. tax my worldwide income once I become a resident alien?

Accepted Answer

The U.S. taxes residents and citizens on worldwide income because it uses a residence-and-citizenship-based system rather than a purely territorial one. Once you're a resident alien, every dollar you earn counts—your U.S. salary, foreign rental income, interest on an overseas account, capital gains from selling property back home, and dividends from foreign shares. This often surprises new immigrants who assumed only U.S. earnings were taxable. The relief valves are the Foreign Tax Credit, which

Question 19

What is the Foreign Earned Income Exclusion and who can actually use it?

Accepted Answer

The Foreign Earned Income Exclusion (FEIE) lets qualifying U.S. citizens and resident aliens exclude a large chunk of income earned while living and working abroad—up to $130,000 for 2025. It's claimed on Form 2555 and applies only to earned income like wages and self-employment, not to investment income. To qualify you must have a foreign tax home and meet either the bona fide residence test or the physical presence test (330 full days abroad in a 12-month period). This is the opposite situatio

Question 20

How does the Foreign Tax Credit help me avoid being taxed twice on the same income?

Accepted Answer

The Foreign Tax Credit (FTC) lets you offset your U.S. tax bill, dollar for dollar, with income taxes you've already paid to another country on the same income. As a resident alien taxed on worldwide income, you might owe both India (or another country) and the U.S. on foreign salary, interest, or capital gains; the FTC prevents that double hit. You claim it on Form 1116 (a simplified path exists for small amounts of passive income). The credit is generally limited to the U.S. tax that would app

Question 21

How do treaty tie-breaker rules decide residency when two countries both claim me?

Accepted Answer

When you qualify as a tax resident of both the U.S. and your home country in the same year, the residency article of the tax treaty between them applies a tie-breaker to assign you to just one. The factors are applied in order: where you have a permanent home, then your center of vital interests (closer personal and economic ties), then your habitual abode, and finally your citizenship; if all else fails the two governments resolve it. "Winning" the tie-breaker for the other country can let you

Question 22

What's the difference between an ITIN and an SSN for filing taxes?

Accepted Answer

A Social Security Number (SSN) is issued to people authorized to work in the U.S., while an Individual Taxpayer Identification Number (ITIN) is a tax-only ID for people who must file or be claimed on a U.S. return but aren't eligible for an SSN. Both let you file, but they aren't interchangeable: an SSN also tracks Social Security earnings and unlocks more credits, while an ITIN exists purely for tax compliance and doesn't grant work authorization or benefits. Common ITIN users are a nonresident

Question 23

How do I get an ITIN for my spouse or dependent who doesn't have an SSN?

Accepted Answer

You apply for an ITIN by filing Form W-7 along with the tax return on which the spouse or dependent appears, plus proof of identity and foreign status (usually a passport). You generally submit the W-7 and return together; the IRS issues the number and processes the return. To avoid mailing original documents, you can use an IRS-authorized Certifying Acceptance Agent or visit a designated IRS Taxpayer Assistance Center to verify documents in person. Processing typically takes several weeks, so f

Question 24

How do the exempt-individual day-counting rules work for F and J visa holders?

Accepted Answer

On F, J, M, or Q visas you can be an "exempt individual," meaning your days of presence don't count toward the Substantial Presence Test, so you stay a nonresident alien longer. Students on F or J visas are generally exempt for up to five calendar years; teachers, trainees, and researchers on J or Q visas are typically exempt for two of the prior six years. "Exempt" here means exempt from counting days, not exempt from tax—you still file, usually on Form 1040NR, on your U.S.-source income. Once

Frequently asked questions

What is FBAR and who needs to file it?

What is FBAR and who needs to file it?

Can H-1B visa holders invest in the US stock market?

Can H-1B visa holders invest in the US stock market?

What is a PFIC and why does it matter for NRIs and H-1B holders?

What is a PFIC and why does it matter for NRIs and H-1B holders?

How does the US-India tax treaty affect me as an H-1B or green card holder?

How does the US-India tax treaty affect me as an H-1B or green card holder?

How should I plan financially if I might return to India someday?

How should I plan financially if I might return to India someday?

How do I build credit in the US as a new immigrant?

How do I build credit in the US as a new immigrant?

What is the Substantial Presence Test and how does it decide if I'm a U.S. tax resident?

What's the difference between a resident alien and a nonresident alien for U.S. tax purposes?

What is a dual-status tax year and when does it apply to me?

What is the first-year choice election and why might I use it?

Should I file Form 1040 or Form 1040NR as a newcomer to the U.S.?

Why does the U.S. tax my worldwide income once I become a resident alien?

What is the Foreign Earned Income Exclusion and who can actually use it?

How does the Foreign Tax Credit help me avoid being taxed twice on the same income?

How do treaty tie-breaker rules decide residency when two countries both claim me?

What's the difference between an ITIN and an SSN for filing taxes?

How do I get an ITIN for my spouse or dependent who doesn't have an SSN?

How do the exempt-individual day-counting rules work for F and J visa holders?