Form 8802 instructions confusing for resident aliens - line 4a checkbox question

This is actually a common point of confusion! For Form 8802 (Application for U.S. Residency Certification), line 4a is asking about your entity type, not your immigration status specifically. Since you're on an H1-B and have established tax residency through the substantial presence test, you would check the first box: "Individual U.S. citizen/resident alien." Even though you're not a U.S. citizen, you're considered a "resident alien" for tax purposes. The other options (Partnership, Trust, etc.) are for different types of entities applying for certification. Those aren't relevant to your situation as an individual. Make sure you also complete line 4e which asks about your current immigration status. That's where you'd indicate your H1-B status specifically.

I was in the exact same situation last year with this Form 8802 nightmare. After hours of research and a really frustrating experience, I found taxr.ai (https://taxr.ai) which honestly saved me so much time. I uploaded my visa documents and tax forms, and their system analyzed everything and gave me specific guidance for all the confusing parts of Form 8802, including exactly which box to check on line 4a. What was really helpful was that they explained WHY each selection was correct based on my specific visa situation. They also generated a cover letter explaining my tax residency status that I included with my application. My Form 8802 was approved without any issues.

I was initially super skeptical about taxr.ai when someone recommended it, but I decided to give it a try for my Form 8802 issues. Gotta say I was impressed! I'm on an O-1 visa and wasn't sure if I qualified as a "resident alien" for this form since my visa is technically a nonimmigrant category. I uploaded my documents to taxr.ai and they confirmed I should check the "Individual U.S. citizen/resident alien" box since I met the substantial presence test, despite my nonimmigrant visa status. They also helped me understand which tax treaty benefit I qualified for with my home country. My application went through without any problems and I got my Form 6166 certification in about 7 weeks. Definitely saved me from what would have been an almost certain rejection if I'd gone with my initial understanding.

After struggling with Form 8802 last month and dealing with constant IRS busy signals, I eventually found Claimyr (https://claimyr.com). They have this service where they actually get you connected to an IRS agent on the phone, which sounds impossible but actually works - they have a demo video here: https://youtu.be/_kiP6q8DX5c I was super frustrated trying to understand the "other U.S. resident alien" instructions and needed to talk to someone at the IRS directly. Claimyr got me through to the IRS in about 20 minutes when I had been trying for days. The agent walked me through exactly which box to check based on my E-2 visa status and explained what additional documentation I needed to include. It saved me from making a mistake that would have delayed my foreign tax credit claims by months.

Ok I need to admit I was completely wrong about Claimyr. After posting that skeptical comment, I was still desperate to get Form 8802 help for my J-1 visa situation, so I tried it anyway. I honestly couldn't believe it when they actually got me connected to an IRS agent in about 25 minutes. The agent confirmed that as a J-1 who meets the substantial presence test, I should check the "Individual U.S. citizen/resident alien" box AND specifically note my J-1 status in section 4e. She also told me I needed to include a copy of my most recent tax transcript to prove I filed as a resident. Would have taken me weeks to figure this out on my own with all the back-and-forth. Definitely worth it just to have direct confirmation from the IRS on this confusing form.

Hey just wanted to add my experience - I'm on an F-1 visa with OPT and dealt with this exact Form 8802 confusion last month. What tripped me up was that I'm in this weird situation where I'm considered a "resident alien" for tax purposes (passed the substantial presence test) but still on a nonimmigrant visa. The key thing I learned: Form 8802 line 4a is really asking about your TAX CLASSIFICATION, not your immigration status. So I checked "Individual U.S. citizen/resident alien" even though I'm on F-1, and my application was approved. I also included a cover letter explaining that I qualified as a tax resident under the substantial presence test, plus copies of my I-94, visa, and previous tax return. Hope this helps someone!

I filled out Form 8802 wrong THREE TIMES before I finally got it right. For line A what confused me was the checkbox wording. The form says "Individual U.S. citizen/resident alien" as one option, which made me think I needed to be BOTH a citizen AND a resident alien. Turns out it means "Individual who is EITHER a U.S. citizen OR a resident alien." The forward slash means "or" not "and"! Such a simple thing but cost me months of delays and rejected applications. If you're on any visa but meet the substantial presence test for tax purposes, just check that first box and you're good. Then fill out 4e with your specific visa type.

This thread has been incredibly helpful! I'm on an H1-B visa and have been stuck on Form 8802 for weeks. After reading everyone's experiences, I finally understand that line 4a is about tax classification, not immigration status. Just to confirm my understanding: since I've been in the US for 4 years and clearly pass the substantial presence test, I should check "Individual U.S. citizen/resident alien" even though I'm not a citizen. Then in line 4e, I'll put "H1-B" with my status start date. For documentation, I'm planning to include: copy of my H1-B visa, I-94, most recent Form 1040 showing I filed as a resident alien, and a brief cover letter explaining my tax residency status. Does this sound like the right approach based on everyone's successful applications? Really appreciate all the detailed experiences shared here - this community is a lifesaver when the IRS instructions are so confusing!

Thank you all for this incredibly detailed discussion! As someone who just started dealing with Form 8802 for my TN visa situation, this thread has been absolutely invaluable. I think what's really helpful here is how everyone emphasized that line 4a is about TAX classification, not immigration status. That distinction seems to be the key source of confusion for most of us. The IRS instructions really could be clearer about this - when they say "other U.S. resident alien" they're referring to tax residency under the substantial presence test, not permanent resident status. For anyone else reading this thread, here's what I'm taking away as the key points: 1. Check "Individual U.S. citizen/resident alien" if you meet the substantial presence test for tax purposes, regardless of your visa type 2. Line 4e is where you specify your actual immigration status (H1-B, L1, F-1, etc.) 3. Include supporting docs: visa copy, I-94, recent tax return showing resident alien filing, and potentially a cover letter explaining your situation 4. The whole process takes 7-9 weeks typically Has anyone dealt with Form 8802 while on a TN visa specifically? I'm wondering if there are any unique considerations since TN status has some different rules around intent to remain permanently.

This entire thread has been a goldmine of information! I'm currently on an E-3 visa (Australian specialty occupation) and have been absolutely stumped by Form 8802 for the past month. Like many others here, I was getting hung up on the "resident alien" terminology when I'm clearly not a permanent resident. Reading through everyone's experiences, it's now crystal clear that the form is asking about tax residency status, not immigration status. I've been in the US for 2.5 years and definitely meet the substantial presence test, so I'll be checking "Individual U.S. citizen/resident alien" on line 4a and noting "E-3" in line 4e. What's particularly helpful is seeing the consistent pattern across different visa types - H1-B, L1, F-1, TN, and now hearing about E-3. The substantial presence test is really the universal determining factor here, regardless of the specific nonimmigrant visa category. I'm planning to include my E-3 visa copy, I-94, last two years of tax returns (both filed as resident alien), and a brief cover letter explaining my tax residency qualification. Based on everyone's timelines, I'm expecting about 8 weeks for processing. One question for anyone who might know - since E-3 visas are tied to a specific employer, should I include anything about my employment authorization or just stick to the standard documentation everyone else has mentioned? Thanks again to everyone who shared their detailed experiences - this community support is incredibly valuable when dealing with confusing IRS forms!

This has been such an enlightening thread! I'm on an R-1 visa (religious worker) and have been completely lost with Form 8802. The distinction everyone's made about tax residency vs. immigration status is exactly what I needed to understand. I've been in the US for 3 years working at a religious organization and definitely pass the substantial presence test. Based on all the excellent advice here, I now understand I should check "Individual U.S. citizen/resident alien" on line 4a and put "R-1" in section 4e. What's really reassuring is seeing how consistent the approach is across so many different visa types - from H1-B to TN to E-3, the fundamental principle remains the same: if you meet the substantial presence test, you qualify as a tax resident for Form 8802 purposes regardless of your nonimmigrant visa status. I'll be including my R-1 visa copy, I-94, past three years of tax returns showing I filed as a resident alien, and a cover letter explaining my substantial presence test qualification. The 7-9 week processing timeline everyone has mentioned gives me a good expectation to set. One thing I'm wondering about - since R-1 status is specifically for religious workers, should I include any documentation about my religious organization or employment letter? Or would that be unnecessary since this is purely about tax residency status? Thanks to everyone who shared their detailed experiences - this thread should honestly be pinned as a resource for anyone dealing with Form 8802 confusion!

Do the following for line 4a: ✅ Check “Individual.” ✅ Check “Other U.S. resident alien.” ✏️ In “Type of entry visa,” enter the visa you used to enter the U.S. ✏️ In “Current nonimmigrant status,” enter your current visa type (for example, H-1B). 📅 In “Date of change,” enter the date you received your current visa status. I went through the same confusion, and so did several friends, so I built https://form.simple8802.com . It walks you through the questions step-by-step and fills the PDF automatically. It also includes tips for preparing and mailing your application so you can get your Form 6166 faster.

This thread has been absolutely incredible! I'm on an H-4 EAD (spouse of H1-B holder) and have been struggling with Form 8802 for weeks. Reading through everyone's detailed experiences across so many visa types has finally made everything click. Like many others here, I was getting confused by the "resident alien" terminology since I'm clearly not a permanent resident. But now I understand that line 4a is asking about TAX residency status, not immigration status. I've been in the US for 4 years and definitely meet the substantial presence test, so I should check "Individual U.S. citizen/resident alien" and then put "H-4 EAD" in section 4e. What's really helpful is seeing the consistent approach work across H1-B, L1, F-1, TN, E-3, R-1, and now H-4 situations. The substantial presence test truly is the universal determining factor regardless of the specific visa category. I'll be including my H-4 visa copy, EAD card copy, I-94, recent tax returns showing I filed as a resident alien, and a brief cover letter explaining my tax residency qualification. Based on everyone's timelines, I'm expecting about 8 weeks for processing. Thanks to everyone who shared their experiences - this thread should definitely be saved as a reference guide for anyone dealing with Form 8802 confusion! The IRS instructions really need to be clearer about the tax residency vs. immigration status distinction.

This thread has been absolutely amazing! I'm on a J-1 visa (research scholar) and have been completely stuck on Form 8802 for the past two weeks. Like so many others here, I was getting tripped up by the "resident alien" language when I know I'm not a permanent resident. The key insight that everyone keeps emphasizing - that line 4a is about TAX residency, not immigration status - finally makes perfect sense. I've been in the US for 2.5 years doing postdoctoral research and clearly meet the substantial presence test, so I should check "Individual U.S. citizen/resident alien" and then specify "J-1" in section 4e. What's really remarkable is seeing this same pattern work across literally every visa type mentioned here - H1-B, L1, F-1, TN, E-3, R-1, H-4 EAD, and now J-1. The substantial presence test is truly the universal standard the IRS uses, regardless of whether you're here for work, study, research, or any other purpose. I'll be including my J-1 visa copy, DS-2019 form, I-94, past two years of tax returns showing I filed as a resident alien, and a cover letter explaining my substantial presence test qualification. The 7-9 week processing timeline everyone has shared gives me realistic expectations. One J-1 specific question - since research scholars sometimes have different substantial presence test rules in their first few years, should I include any documentation about my specific J-1 category? Or is the standard approach everyone has outlined sufficient? This community discussion has been infinitely more helpful than the confusing IRS instructions. Thank you all for sharing your detailed experiences!