Do international students on F1-OPT need to submit both W4 and 8233 forms as an NRA?

Thanks for explaining! I'm from India. I've been in the US for about 2 years now on my F1 visa. I'm working as a software developer making about $85,000 annually. Would I need to submit the 8233 in this case?

For citizens of India working as software developers, the US-India tax treaty has limited benefits that wouldn't typically apply to your situation. The treaty primarily benefits students receiving scholarships or professors/researchers, not OPT employment income at your level. With your income as a software developer on OPT, you likely don't need to submit Form 8233 since you probably don't qualify for treaty-based withholding exemptions. The W4 you've already submitted should be sufficient for your employer to withhold taxes correctly. Just make sure your employer is aware of your NRA status for proper withholding calculations, as NRAs can't claim the standard deduction and are subject to different withholding rules than US citizens or residents.

Does it work for all visa types? I'm on J1 and always confused about my tax situation. My university's international office isn't very helpful with tax questions.

I'm skeptical about these online tools. How does it compare to just talking to a CPA who specializes in nonresident taxes? I paid $350 last year and still feel like they missed things. Do they actually understand all the different tax treaties?

It absolutely works for J1 visas! In fact, it has specific modules for different visa types including J1, F1, H1B and others. It's designed to handle the unique tax situations of each visa category and walks you through different questions based on your specific status. For comparing to a CPA, I actually tried both routes. The tool saved me over $1,200 that my CPA missed because it identified a treaty benefit specific to my country that the CPA overlooked. It includes comprehensive coverage of all active tax treaties and their specific provisions for students, teachers, researchers and other categories. The detailed explanations helped me understand my situation better than the brief meeting I had with my CPA.

Wait, how does this actually work? Is it just connecting you to the regular IRS line? I called like 8 times last month and gave up because I kept getting the "due to high call volume" message.

Sounds like a scam tbh. Nobody can get through to the IRS these days. I'm supposed to believe this magical service can somehow bypass their phone system? And what's the catch? They probably charge a fortune or sell your info.

It doesn't connect you to a different line - it uses technology to navigate the IRS phone tree and secure your place in line before transferring the call to you. It's basically doing all the redial work and hold time for you. When an agent is about to be available, it calls your phone and connects you directly. The catch is that it's not free, but for me it was absolutely worth it to get a definitive answer from the IRS rather than guessing about my tax situation. They don't sell your information - their business model is straightforward: they charge for the convenience of not having to spend hours trying to reach the IRS yourself. It's essentially paying to get back hours of your life that would otherwise be spent on hold or redialing.

Is there a list somewhere that shows which countries have tax treaties with the US for students? I'm from Brazil and confused about whether I qualify for any exemptions on my campus job income.

The IRS maintains a complete list of tax treaties on their website under "United States Income Tax Treaties - A to Z." For Brazil specifically, there is a tax treaty (Article 22) that provides limited benefits for students and trainees, but it has specific requirements regarding the source of your income. Brazilian students may qualify for exemption on income from personal services (like a campus job) for up to $8,000 per year, but only if you're in the US primarily to study. The exemption is available for a maximum of five tax years. To claim this, you would need to submit Form 8233 to your employer with the specific treaty article referenced.

This is a common source of confusion! The substantial presence test doesn't apply the same way to F1 students as it does to other visitors. As an F1 student, you're considered an "exempt individual" for the first 5 calendar years you're in the US. This means those years don't count toward the substantial presence test. After 5 years, you can potentially become a resident alien for tax purposes if you meet the substantial presence test. However, this depends on your exact entry date and your visa status history. If you've been here for nearly 5 years total, you're approaching that transition point. That's why your tax software (which doesn't always correctly handle the F1 exemption) might be giving you different information than your international office. When you hit that 5-year mark, you'll generally file as a resident alien using Form 1040 instead of Form 1040NR, unless you qualify for treaty benefits that require you to remain an NRA.

Thanks for explaining that! I arrived in August 2020, so I guess 2020, 2021, 2022, 2023, and 2024 would be my five exempt years? So for the 2025 tax season, I'd need to start filing as a resident alien?

Thanks for these specific tips! I did check "Single" on my W4 but I didn't write "NRA" at the top. Should I submit a new W4 to my employer with that notation? I really don't want to be underwithholded.

Yes, I would recommend submitting a new W4 with "NRA" clearly written at the top. Many payroll systems don't have a specific flag for nonresident alien status, so this visual indicator helps ensure your employer applies the correct withholding calculations. While you're at it, double-check that you completed Step 2(c) for the higher withholding rate. Since NRAs can't use the standard deduction the same way as residents, this helps avoid underwithholding. Better to address this now than face a surprise tax bill next April!

This is really helpful advice, Logan! I'm also an international student (from South Korea) and I've been wondering about similar issues. You mentioned that the US-India treaty has limited provisions - do you know if the US-Korea treaty is any different for F1-OPT students? I'm working in marketing at a tech company and making around $70K. Should I be looking into Form 8233 or just stick with the W4 like you suggested for Indian students? Also, I did write "NRA" on my W4 but my employer's HR department seemed confused about what that meant. Did you have any issues with your employer understanding the nonresident alien status?

Great question about the US-Korea treaty! You're actually in a much better position than students from India. The US-Korea tax treaty (Article 20) provides more generous benefits for students and trainees. As a Korean F1 student, you may qualify for an exemption on up to $2,000 per year of income from personal services (like your marketing job), provided you're in the US primarily for education. This exemption can be claimed for up to 5 tax years. Since you're making $70K, it's a smaller benefit but still worthwhile. You would need to submit Form 8233 to claim this treaty benefit, referencing Article 20 of the US-Korea Income Tax Treaty. Make sure to include the specific treaty article and the $2,000 limitation. Regarding HR confusion about NRA status - this is super common! I had to educate my employer's payroll department too. I printed out the IRS Publication 15 section on nonresident alien withholding and highlighted the key parts. Most HR departments just aren't familiar with international tax requirements. You might also want to mention that NRAs are subject to different withholding calculations and can't use the standard deduction the same way as US residents. If your HR continues to have issues, you can direct them to IRS Publication 15 (Circular E) or suggest they contact their payroll provider for guidance on NRA withholding procedures.

This is such a helpful summary, Camila! As someone who just went through this process, I really appreciate having it broken down so clearly. I'm curious about one thing though - you mentioned that submitting Form 8233 when you don't qualify can create complications. What kind of complications should we be worried about? Is it just payroll confusion, or could it actually affect our visa status or future applications? Also, for those of us who are getting close to the 5-year mark for transitioning from NRA to resident alien status, does that change anything about these form requirements? I'm approaching that point and want to make sure I'm prepared for any changes in my tax obligations. Thanks for all the guidance from everyone in this thread - this community is so helpful for navigating these complex tax situations!