Tax treaty questions are out of scope.
I am attaching the IRS publication for you to check for your qualification. Tax treaty benefits are allowed for both US nonresidents and residents. Depends on how it is stated in the treaty, most of them start with "if you are a resident of your country and temporarily in US doing ... " which could apply to both the US nonresidents or residents. You could be a nonresident by not meeting the Substantial Presence Test SPT or change to become residents by meeting the SPT or making the choice.
https://www.irs.gov/pub/irs-pdf/p901.pdf
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