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Questions and Answers > EB-5 Requirements

What is my tax residency start date?

When applying for an EB-5 visa from outside the U.S., what is your tax residency start date? Is it at first physical presence in the U.S. on the EB-5 visa, date of issuance of EB-5 visa following consular processing, or after approval of I-526 from USCIS?

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Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Your tax period starts when your I-526 petition is approved. For further explanation and tax questions, please consult a tax attorney.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Your arrival in the United States will determine your residency for tax purposes.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You should consult with a tax lawyer for all tax-related issues.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    U.S. tax law is a combination of status and physical presence. If you remain out of the U.S. until granted residence then you will not be a U.S. tax payer until your resident status begins.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You do not become a permanent resident until you enter the U.S. as an immigrant. So if you are outside the U.S. this means I-526 is approved, approval is sent to National Visa Center, forms and fees are sent to NVC, case is shipped to the consulate for your medical exam and interview. If approved, you are issued an immigrant visa and then have 6 months to enter the U.S. Once in the U.S. you are a permanent resident and are subject to the tax implications of such status. If you are in the U.S. in another nonimmigrant status then the procedures are different, as you can adjust status. Generally you become a resident for tax purposes after 183 days in the U.S. but the rules are more complicated than this looking back on your last few years of time in the U.S. Tax residency is not synonymous with permanent residency for immigration purposes so a good tax attorney with international expertise is a wise move. Many accountants and inexperienced tax attorneys believe that permanent residents living abroad may file U.S. taxes as a nonresident but this will jeopardize their immigration status so both experts (tax and immigration) should be consulted on your plans.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Once you are approved for conditional permanent residency then from this date forward your world wide income will be subject to US tax.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You need to check with a tax lawyer or an accountant, but it is my understanding that you do not have any tax obligation until the year that you obtain your immigrant visa and enter the U.S.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Generally if you are in the US for more than 183 days you can become a tax resident. With EB-5 it is the date of your entry with your green card.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    We would recommend discussing the tax implications of the U.S. immigration process with a CPA or financial adviser, both of which we work with and could refer to you.