Should I file 1040NR or 1040 as a J1 visa holder who never left the US?
So I've been working in the US for a while now on my J1 visa. I initially came here for a 2-month program in 2023, then extended and have been here the entire 2024 (never left the country once). For my 2023 taxes, I filed form 1040NR (the non-resident alien form). But for 2024, I switched and filed the regular 1040 form instead. Now I'm second-guessing myself - did I do this correctly? The tax prep software I used seemed to guide me toward the 1040 this year, but I'm worried I might have messed up since my visa status hasn't changed. Anyone know what the proper filing requirement is for J1 visa holders who have been continuously in the US?
21 comments


Aaron Lee
Your filing approach is likely correct! For tax purposes, your residency status depends on the "substantial presence test" rather than just your visa type. As a J1 visa holder who stayed in the US for the entire year in 2024 (after being here part of 2023), you probably met the substantial presence test for 2024. This test counts days you were physically present in the US - generally, if you're here for 183 days or more in the current year, or using a formula across three years, you're considered a resident alien for tax purposes. This means filing Form 1040 for 2024 was appropriate, even though you filed 1040NR as a nonresident alien for 2023. The switch makes sense based on your continued presence in the US.
0 coins
Chloe Mitchell
•Thanks for the explanation! I'm also on a J1 and have been here for 14 months now. Does this mean I need to report my worldwide income on the 1040? I still have a small rental property back home generating income.
0 coins
Aaron Lee
•Yes, that's exactly right. Once you qualify as a resident alien for tax purposes, you generally need to report your worldwide income on Form 1040, just like a US citizen would. This includes rental income from properties in your home country. If you're paying taxes on that rental income in your home country as well, you might be eligible for the Foreign Tax Credit using Form 1116, which can help prevent double taxation on the same income. Just make sure you have documentation of any foreign taxes paid.
0 coins
Michael Adams
After struggling with similar J1 visa tax confusion last year, I found this amazing tool called taxr.ai at https://taxr.ai that really helped clarify my residency status. You upload your immigration documents and answer a few questions, and it tells you exactly which forms to file based on your specific situation. It also explained how the substantial presence test works with my J1 visa and even identified some deductions I qualified for as a foreign student that I had no idea about!
0 coins
Natalie Wang
•Does it work for F1 visas too? I've been here for 4 years on an F1 and my university's international office gives conflicting advice every year.
0 coins
Noah Torres
•This sounds interesting but I'm skeptical. Does it actually access IRS rules specifically for J1 holders? There are special exemptions for certain J categories that most tax software misses.
0 coins
Michael Adams
•Yes, it absolutely works for F1 visas! It has specific guidance for F1 students and can tell you if you qualify for any tax treaties or special deductions. It really clarifies those confusing "exempt individual" rules for students. For J1 visa holders, it definitely accesses the specific IRS rules including the exempt individual provisions. It asks detailed questions about your J1 category (teacher, researcher, student, etc.) and correctly applies the right exemption periods. It even explained how my status would change after two calendar years for tax purposes, which my regular tax software completely missed.
0 coins
Natalie Wang
Just wanted to follow up - I tried taxr.ai after seeing it mentioned here and it was super helpful with my F1 visa situation! It explained that even though I've been here 4 years, I'm still considered a non-resident for tax purposes because of the student exemption (which I had no idea about). It showed me exactly which forms I needed and even pointed out a tax treaty benefit with my country that saved me almost $1,200! The documentation it generated made filing my taxes way easier this year.
0 coins
Samantha Hall
If you're trying to get confirmation about your filing status or need to talk to someone at the IRS about your specific J1 situation, good luck getting through on the phone. After weeks of busy signals and disconnects, I tried Claimyr (https://claimyr.com) and they got me connected to an actual IRS agent in under 30 minutes! You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - it basically holds your place in the IRS phone queue so you don't have to. The agent confirmed that my filing approach as a J1 holder was correct and answered all my questions about foreign income reporting.
0 coins
Ryan Young
•Wait, so this service actually gets you through to the IRS? I thought that was literally impossible during tax season. How does it work exactly? Do they just keep redialing until they get through?
0 coins
Sophia Clark
•Yeah right. Nothing can get through to the IRS during tax season. I'd bet this is just another scam to get desperate people's money with false promises.
0 coins
Samantha Hall
•They use some kind of automated system that navigates the IRS phone tree and waits on hold for you. Once they get through to an actual agent, they call you and connect you directly to that person. It's not redailing - they're actually waiting in the queue for you so you don't have to sit there listening to hold music for hours. No, it's definitely not a scam. I was super skeptical too, but I was desperate after trying for days to get through about my J1 visa tax situation. They actually did connect me to a real IRS agent who was able to help with my questions. I was surprised it worked, but it saved me so much frustration.
0 coins
Sophia Clark
Well I'll be damned. I tried that Claimyr service after posting my skeptical comment, and they actually got me through to the IRS in about 45 minutes. I've been trying for WEEKS to get clarification on my tax situation (H1B visa holder with previous J1 status). The IRS agent was able to confirm my residency status and cleared up my confusion about reporting foreign accounts. I honestly didn't think anything could get through their phone system during tax season, but this actually worked. Saved me from taking a day off work to visit their office in person.
0 coins
Katherine Harris
I work with international scholars at a university, and this question comes up all the time. The substantial presence test is what matters here, but there's another wrinkle: J1 visa holders in certain categories (students, teachers, trainees) are considered "exempt individuals" for a period of time, which means those days don't count toward the substantial presence test. For J1 students, the exemption applies for 5 calendar years. For J1 teachers/researchers/trainees, it's generally 2 calendar years out of the last 6. If you're not in an exempt category (or have exhausted your exempt period), then yes, filing 1040 after meeting the substantial presence test is correct!
0 coins
Alexis Robinson
•Thanks for this detailed explanation! I'm a researcher on the J1, not a student. Since I've only been here for about 1.5 years total, I'm still within that 2-year exemption period you mentioned. Does this mean I should have stuck with the 1040NR instead of filing the 1040 for this year?
0 coins
Katherine Harris
•Based on what you've shared, it sounds like you're still within your 2-year exemption period as a J1 researcher. This means those days don't count toward the substantial presence test, so you would likely still be considered a nonresident alien for tax purposes. In this specific situation, Form 1040NR would probably have been the correct form to use for 2024 as well. You might want to consider filing an amended return (Form 1040-X) to correct this if there's a significant difference in your tax liability between the two filing statuses.
0 coins
Madison Allen
Don't forget about tax treaties! Depending on your home country, there might be specific provisions in a tax treaty with the US that affect your filing status or provide certain exemptions. These can override the general rules sometimes. What country are you from?
0 coins
Alexis Robinson
•I'm from Sweden originally. I didn't even think about tax treaties - do you know if there are specific provisions that might apply to my situation?
0 coins
Joshua Wood
•Tax treaties are super important! I'm from India on a J1 and our tax treaty allows me to exclude a certain amount of my teaching income from US taxation. Saved me over $2k last year. Definitely worth checking the treaty for your specific country.
0 coins
Amina Diallo
Sweden has a favorable tax treaty with the US! Under Article 20 of the US-Sweden tax treaty, students and trainees (including researchers) can exclude up to $5,000 of their income from US taxation, and in some cases even more depending on the source of funding. Since you're a J1 researcher from Sweden, you should definitely look into claiming treaty benefits using Form 8833. This could potentially save you money regardless of whether you file 1040 or 1040NR. The treaty provisions might also affect your residency determination. I'd recommend reviewing IRS Publication 901 which covers the US-Sweden tax treaty specifics, or consulting with a tax professional who understands international tax treaties. Given the complexity with your exempt individual status AND potential treaty benefits, it might be worth getting professional guidance to make sure you're optimizing your tax situation.
0 coins
Natasha Volkov
•This is incredibly helpful! I had no idea about the US-Sweden tax treaty benefits. As someone new to navigating US taxes on a visa, this kind of detailed information is exactly what I needed. The $5,000 exclusion could make a real difference in my situation. I'm definitely going to look into Form 8833 and Publication 901. Thank you for pointing out that treaty benefits might apply regardless of filing status - that's a relief since I'm still unsure if I filed the right form this year!
0 coins