How long it takes to be classified as a resident alien?

Question

I have been in the US since 1st of August 2016. I filed my taxes for the year 2017 as a non resident alien just now. In a tax workshop in the University I work and study I was told that as a F1 I have to file as non resident alien for 5 years. But I thought I should be able to file as a resident alien from 2018 onwards based on how the days are counted to determine the classification. Any help is appreciated

Answer 1

Counting the number of days is the Substantial Presence Test, where you are a resident alien for a given year if (the number of days you were present in the US that year + 1/3 the number of days you were present in the US the previous year + 1/6 the number of days you were present in the US the year before that) > 183 days. If you counted all your days in the US, you would already have been a resident alien for 2017.

However, they are correct, because as a student, you are an exempt individual (your days as a student are not counted in the Substantial Presence Test) unless you have been an exempt individual for any part of 5 previous calendar years. Basically, if you haven't been to the US in F or J status before, this makes you a nonresident alien for your first 5 calendar years in F1 status. (So, if you came during 2013 or before, you are a resident alien for 2018; if you came during 2014 or after, you are a nonresident alien for 2018.)