I am an international student in the US, on F1 visa. I received a notice from my university to submit Form W-2. I have been studying here on F1 visa since aAug 2011. Am I considered a non-resident or a resident alien for tax purposes?
Anyone who is "employed" in the USA on payroll of any employer needs to be issued a W-2, regardless of immigration and/or "resident" status or lack thereof. The mere issuance of a W-2 does not make one a "resident alien", however. Far from it.
Only those foreigners who have been admitted into "Lawful US Permanent Residence" by Immigration are considered "Resident Aliens". Others, who work on temporary "employment authorization document" (EAD) like yourself, are not. Rest assured of that.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You should speak to a CPA or tax attorney to verify which status is applicable.
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