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What does "exempt individual" mean?

What does "exempt individual" mean?

Answer

An "exempt individual" is someone who is exempt from counting days of presence for the Substantial Presence Test. These individuals are

  • students temporarily present in the U.S. under an F, J, M or Q visa and who substantially comply with the requirements of the visa are exempt individuals for no more than five calendar years and
  • non students are exempt for no more than two years.

Note: This term has nothing to do with whether the individual will be exempt from having federal income tax or social security and Medicare taxes withheld - or filing a U.S. tax return.

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