Generally, only noncitizens authorized to work in the United States by the Department of Homeland Security (DHS) can get a Social Security number. Lawfully admitted noncitizens can get many benefits and services without a Social Security number.
Even someone with a green card (lawful permanent residence) can, upon committing certain acts or crimes, become deportable from the United States. U.S. law contains a long list of grounds upon which non-citizens or immigrants may be deported (removed) back to their country of origin.
A resident alien for tax purposes is a person who is a U.S. citizen or a foreign national who meets either the “green card” or “substantial presence” test as described in IRS Publication 519, U.S. Tax Guide for Aliens.
An alien is any individual who is not a U.S. citizen or U.S. national. A nonresident alien is an alien who has not passed the green card test or the substantial presence test.
Green Card Test A non-resident alien is a lawful permanent resident of the U.S. at any time if they have been given the privilege, according to the immigration laws, of residing permanently as an immigrant. This status usually exists if the Bureau of Citizenship and Immigration Services has issued a green card.
Having residency status legally gives you permission to live in the country for a specified period of time, and goes one step further to allow you the right to stay indefinitely. Permanent residents, however, still remain citizens of their originating country, not holding a US passport or having voting rights.
Generally, U.S. green card holders (permanent residents) are considered “resident aliens.” However, this term is broad and used differently by different government agencies.
Nonresident aliens are generally subject to U.S. income tax only on their U.S. source income. This income is taxed at a flat 30% rate, unless a tax treaty specifies a lower rate.
Understanding the 183-Day RuleGenerally, this means that if you spent 183 days or more in the country during a given year, you are considered a tax resident for that year. Each nation subject to the 183-day rule has its own criteria for considering someone a tax resident.
In general, students in F or J status are considered nonresident aliens for tax purposes for the first five calendar years of their stay in the US. Tax residency status can be reclassified after a period of time.
As an H1B holder, you do not have lawful US permanent residence, therefore in the eyes of USCIS, you are not a resident alien.
