H-1B Visas and Taxes

H-1B visa holders are taxed on their income in one of two ways:

  1. Those categorized as “non-resident aliens” are taxed only on the income they earn in the United States
  2. Those categorized as “resident aliens” are taxed on income earned both in the U.S. and elsewhere.
Non-resident Alien

A non-resident alien must complete tax form 1040-NR or 1040NR-EZ and may claim a benefit only if a tax treaty exists between the U.S. and the visa holder’s nation of origin.

Resident Alien

When a visa holder is for all practical purposes a resident, the authorization holder’s income is taxed like any other worker’s, and the visa holder may use Form 1040 and the necessary schedules.

If you’re an H-1B visa holder in Ohio, Michigan, Texas, or anywhere in the U.S., with any questions or concerns regarding your visa or your employment in the U.S., speak at once with an experienced Columbus immigration attorney.

H-1B Spouses

If married, the H-1B visa holder’s spouse must include an Individual Taxpayer Identification Number or Social Security number on a joint tax return, regardless of the spouse’s own authorization status.

Along with being required to pay state and federal taxes, H-1B visa holders must pay Social Security and Medicare, and they also qualify for Social Security benefits. Don’t hesitate to consult with a professional tax preparer regarding your own tax situation.

Shihab Burke, LLC, Attorneys At Law Can Help

If you are a foreign worker in the U.S. with any concerns or questions regarding your status, or if you are a U.S.-based employer with any concerns or questions regarding foreign workers or visa sponsorships, you should speak to an experienced Columbus immigration attorney. Our Columbus, Ohio immigration law firm has an active employment-based green card practice representing clients in filing H-1B visaL-1 visaLabor Certification, I-140 petitions, and adjustment of status filings, including preparation for I-485 interviews.

Should you need legal representation regarding any immigration-related issue, a skilled immigration attorney will defend your rights and fight for the best possible resolution of your case. In Ohio, Michigan, Texas, or anywhere in the U.S., if you are dealing with any immigration-related legal issue, consult right away with an experienced Columbus immigration attorney.

Contact us today!

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