In the US customs declaration form, is H1 B visa holder resident or visitor

Upvote:3

Personally I have always answered "Resident", and on the one or two occasions that I've asked the immigration staff about this they confirmed that this was the correct answer.

(I'm not on a H-1B, but a visa that is functionally equivalent as far as this question goes)

Technically whilst in the US on a H-1B you are a "Temporary Resident", as distinct from (for example) a Green Card holder which would be a "Permanent Resident".

Upvote:4

Similar to Doc, while living in the USA and having an H1B visa I have always chosen the 'Resident' option when entering the country.

After all, I am a resident for tax purposes and I am not required to maintain a residential address in my country of origin while living & working in the USA.

With regard to your other question posted as a comment to Doc's answer - no the primary purpose of your visit is not business.

When you're on an H1B and employed by a USA company, you're not 'conducting business' in the USA any more than Mr Joe Bloggs American is conducting business when he goes to work.

If you were a foreign business person entering on a B visa in order to visit an American company who is a customer of yours (for example) then this would be 'conducting business' and in this case you would choose 'yes' for that question.

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