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TommyR2D2
New Member

J1 short-term scholar + J1 research scholar counting for residency status (2 years exemption)

Hi all!

In 2021, I did a 3 month J1 “short-term scholar” stay at a research institution in the US. During this time, I was not hired nor did I receive any salary in the US (in fact, I did not have a SSN nor USA bank account). This was just a research visit for my PhD, self-paid by a grant in my country of origin.

 

Then in 2022 I was hired as a postdoc at the same institution as a J1 “research scholar”.

It seems now there is a disparity as my HR department considered me non-resident alien for the first 2 years (so 2022 and 2023 – in fact they filled me as resident alien only now in 2024 in the W4), while Sprintax/Turbotax considers me as a resident alien already due to this previous visit (2021 + 2022). This also changes my health coverage requirements.

 

Does anyone know if the 2 years start regardless of whether one was employed in the US? I am not sure if I should file as resident or non-resident now. I could report that J1 short-term scholar visit under "other visas" but not sure if this is correct.

 

Not sure if this matters or I should just file as resident and IRS will figure it out hehe

 

Thank you very much! 🙂

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1 Reply
DaveF1006
Expert Alumni

J1 short-term scholar + J1 research scholar counting for residency status (2 years exemption)

Yes, the two-year period started in 2021 so years 2021-2022 are considered exempt. You you would file as a resident alien for the 2023 tax year.

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