H-1B visa holders may be resident aliens, nonresident aliens, or dual-status filers based on their days of presence in the United States during 2025 and prior years, which impacts how they file taxes and what income is taxable.

Filing taxes is necessary to claim the benefits of tax treaties between your home country and the U.S.

H-1B visa holders will file a 2025 U.S. tax return in 2026 based on whether they are determined to be a U.S. tax resident or a nonresident under the Substantial Presence Test.

Before January 26, 2026, immigrants should gather their tax forms, create or verify their IRS online account, and choose their filing method to prevent delays.

Nonresident aliens must submit Form W-8BEN or 8233 to payers before receiving payments to claim treaty benefits correctly.