I have a work visa and lived in the U.S. during all 2017, however I am not a "permanent resident" meaning that I don't have a green card. Am I a "U.S. resident"?

[miclase2016]

On the "Other Tax Situations" section, TurboTax is asking me: "You might be able to avoid some or all of the penalty if you can answer yes to all of these questions" and one of the questions is "Were you a U.S. citizen or resident in 2016? I lived that full year in the US with a work visa (not with a permanent residence permit aca Green Card). Am I still considered a US resident for the purposes of that question?

[DanO · Accepted solution]

Possibly, in order to be a resident in the U.S. for 2016 without a green card you would need to pass the Substantial Presence Test.  I don't know if you were in the U.S. prior to 2016.

To meet this test, you must be physically present in the U.S. on at least:

• 31 days during the current year, and
  
• 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
  All fhe days you were present in the current year, and
  
• 1/3 of the days you were present in the first year before the current year, and
  
• 1/6 of the days you were present in the second year before the current year.