There are a lot of questions about who gets money from the CARES Stimulus Act, and a lot of misinformation as well, so Shayne took some time to make sure that she'd done the research and can properly answer whether visa holders and green card holders are eligible for stimulus payments under the CARES Act.
Updated 4/10/2020 to clarify and correct the “But there's a catch!” section – Thanks Timmy B in the comments.
Updated 4/15/2020: You can now check the status of your payment with the IRS.
Shayne is a stay-at-home Mom in quarantine and took the time to do this research. I can't thank contributions from our community enough. Thanks very much Shayne, over to you!
First things first, please note that I am NOT an expert, accountant or lawyer. I have read the parts of the Bill pertaining to immigrants and I have sought professional advice so I am just passing on the information I have come to learn.
I am a visa holder, am I eligible for a payment?
The short answer is YES!
But there's one condition: You had to have filed either a 2018 or 2019 tax return and have a valid SSN.
If you haven't filed either of these and you are eligible to file for 2019 then you should do it ASAP to be able to receive the money. The Bill states that payments will be paid up until December 2020. So if you file before then you should be eligible to receive money.
But I read that non-resident Aliens are not eligible!
The Bill stipulates that a ‘non-resident Alien' will NOT be eligible, yes.
A non-resident, however, does NOT refer to someone who doesn't possess a green card. It refers to a resident in terms of tax purposes. So if you have a valid visa, have filed your 2018 or 2019 taxes as a resident and have a valid SSN you are eligible to get the money. [Quick aside from Josh: I've written about the confusing concepts of “residency” here for you to read – you can check whether you're qualified or not here]
I am a green-card holder, am I eligible for a payment?
Yes, everything above applies to you as well!
How much money am I eligible to get?
As with US Citizens, it depends on your income.
Single adults with a valid SSN who have an adjusted gross income of $75,000 or less will get the full amount of $1,200. Those earning more than $100,000 per year do not receive any amount (equation below).
Married couples with no children earning $150,000 or less will receive a total of $2,400. Those earning more than $198,500 per year do not receive any amount (equation below).
And taxpayers filing as head of household will get the full payment if they earned $112,500 or less. Those earning more than $136,000 per year do not receive any amount (equation below).
You will also receive $500 per child 17 years old and under.
For those who earn above this, there is an equation you can quickly do to work out how much you are able to receive: For every dollar, you earn over the amount listed above, divide it by 20, and subtract it from the full amount (5% of every dollar earned is reduced from the amount).
But there's a catch!
Isn't there always lol. While you will physically get the money now, technically, the cheques are a 2020 tax credit.
So, in other words, this will come out of your tax credits when you file in 2021 for the 2020 tax year. This all means you may get less back in your tax refund next year.
Not true! Thanks, Timmy B in the comments below for pointing this out:
The ‘advance’ is in reference to a special tax credit that will appear on the tax return you file in 2021 for the 2020 tax year — a tax credit that wouldn’t have been there if it wasn’t for these stimulus checks.
The Internal Revenue Service is technically giving you some of your 2020 tax refund upfront but they are not subtracting it from your expected refund, the stimulus check will be in addition to what you would’ve otherwise expected.
This money is not considered income. It won’t be taxable and it won’t affect your income taxes for 2020.
So if your refund amount on your taxes is normally $2000 you will still get the $2000 when you file in 2021.
The tax credit is showing that actually you got a $3200 tax refund but $1200 was paid upfront.
How do I apply and when do I get the money?
You do not need to apply for it.
Cheques will be automatically sent to the address on your tax return. Or if you received your tax refunds before via a direct deposit (money right into your bank account), the money will go straight to your account.
There are no details on when exactly the money will be sent but they are saying sometime in May they will start to go out.
If you need to update your details with the IRS, you can do it here.
So I hope this clears up the questions you may have. Leave any questions in the comments below!
P.S. Here is a copy of the Bill if anyone wants some light reading ?
Thanks Shayne!
I was a J1 Visa holder from June 2017 to June 2018 and have filed my taxes for both the years. I filed for my 2018 taxed from my home country. Right now I am in Australia and just received the stimulus cheque. Am I allowed to use it or will I have to send it back? As most of the other sites I visited said that it was sent mistakenly and that if I don’t report it to the IRS and send it back if will be considered as a tax fraud and may affect my ability to go back to the US? I am really confused as to what to do
Mona, you should contact a professional tax accountant to discuss this if you are worried.
But if you filed a 2018 tax return as a resident of the US, I don’t know why you wouldn’t be entitled.
Hey Mona,
So I just received my check for this stimulus payment and I am in Australia, wondering if you found out any further info regarding this? I held a J1 visa for 2018 and 2019 and was in the process of getting it again this year before Covid. I filed my taxes for 2019 so I too am unsure of what to do with it/ if there is anything I can do?
I was a J1 Visa Holder from June 2017 to June 2018 and I filed my taxes for both the years am I eligible for the stimulus check and I have received it already but I don’t have a bank account but I have a SIN number so I’m really confused.
If you were a resident of the US in 2018 and filed taxes to show that, then yes, I do believe you are eligible. You should always seek professional tax accountant advice though to make sure.
ood Day,
I haven’t received the stimulus check yet. May I confirm if I’m eligible. I am on a J1 exchange program for this whole year. I started in mid December 2019. I have a Social security number. I didn’t file for taxes as yet as I got my 1st stipend in Jan 2020. Will I still be eligible. I’m not a dependant.
Hello there! Unfortunately no, I do not believe you will be eligible as you were not a tax resident for 2018 or 2019. You should always seek professional tax accountant advice though to make sure.
Thank you. Will I still be eligible when I file for my tax in 2021. Will it be added since I was affected by the pandemic. I have been here for almost 5 months and been paying taxes?
I am unsure what will happen in the future but I do not believe you will be eligible based on your 2020/21 returns at this stage. You should always seek professional tax accountant advice though to make sure.
I was a J-1 trainee for a whole year during nov 2017 to nov 2018. It’s my 3rd J visa (first was 2010 then 2011) I got the 1200 on my us account thats somehow still active and Im confused as hell if I’m really eligible for this lol
Hi Charlie, as you were in the US for almost all of 2018, that means you probably were a tax resident of the US and would have filed a 2018 tax return. So yes, you are entitled! You should always seek professional tax accountant advice though to make sure.
Thanks, this would be a great help then! As I’m currently in Sydney and not eligible for the Australia’s jobkeeper pay.
Hey! If I worked in USA on work and travel visa for 2 summer seasons in 2016 and 2017, am I eligible for stimulus payment?
Hi Sara, I do not believe not because you would not have filed a resident tax return for 18 or 19. You should always seek professional tax accountant advice though to make sure.
i stayed and worked in usa for 4 months last year on j1 visa and i got a stimulus check. A lot of peiple said to me that i got this money by mistake and i should return this so is that correct and whould should i do?
Hi Milos14, I don’t know about your particular situation but reports are that the IRS is sending letters 15 days after sending money which will have instructions if there are mistakes.
What if I am a former J1 and I filed my taxes for
the year 2018&2019 , are we still eligible for it? and about the advance tax , since we’re already in our home country and won’t file for tax in year 2021, would the IRS take back the stimulus?
Hi Maki, I believe you are eligible if you were a tax resident in 2018/19 and filed resident taxes in the US.
As for paying it back, as I understand it (not a professional) you will not be required to pay it back. You should always seek professional tax accountant advice though to make sure.
I was a J-1 internship worker in the US for 6 months in 2019, am I entitled to the stimulus payment?
Hi Erica, I don’t know sorry because it would depend on your residency status (more on that here – https://americajosh.com/blog/important/2018/04/10/determine-residency-expat/) when you filed.
If you were a resident in 2019, and filed a 2019 tax return as a tax resident, then you would be eligible.
I have the same question as her. How do we know our residency ststus?
I have recieved the check but I am afraid I will have to return it
Paula, the link I provided helps determine what your status is/was at that time.
If you filed a 1040 Tax Form and you were here for 6+ months, you’re probably a resident for tax purposes.
It’s my personal opinion that it’s very unlikely that anyone who was sent it would be asked to return it. You should always seek professional tax accountant advice though to make sure.
I was a j1 visa holder of last year. Now presently i have filed my 2019 tax return. I am not having any bank account in USA. So will i get the stimulus cheque if i am not in USA??
Good question, Jewel. I do believe you will, but it will be sent to your last address so it may be difficult to get your hands on it!
I filled married filling jointly for 2019. However my wife only has an itin… will this affect our getting a check?
Hi Mike, I do not believe so. The conditions for a payment are:
Who is eligible for the Economic Impact Payment?
U.S. citizens or resident aliens who:
This website (https://www.eitcoutreach.org/tax-filing/coronavirus/a-guide-to-economic-impact-payments-for-advocates/) would suggest that your spouse filing jointly with an ITIN would make you ineligible:
“If one spouse has an ITIN, the family is ineligible for the payment if filing a joint return.”
You should always seek professional tax accountant advice though to make sure.
“So, in other words, this will come out of your tax credits when you file in 2021 for the 2020 tax year. This all means you may get less back in your tax refund next year.”
This isn’t true.
The ‘advance’ is in reference to a special tax credit that will appear on the tax return you file in 2021 for the 2020 tax year — a tax credit that wouldn’t have been there if it wasn’t for these stimulus checks.
The Internal Revenue Service is technically giving you some of your 2020 tax refund upfront but they are not subtracting it from your expected refund, the stimulus check will be in addition to what you would’ve otherwise expected.
This money is not considered income. It won’t be taxable and it won’t affect your income taxes for 2020.
So if your refund amount on your taxes is normally $2000 you will still get the $2000 when you file in 2021.
The tax credit is showing that actually you got a $3200 tax refund but $1200 was paid upfront.
FANTASTIC addition, thanks Timmy B. I’ve updated the article accordingly. Sincerely appreciate it!