Excluded Days of Presence

Excluded Days

A foreign scholar or student who wishes to exclude days of presence from the substantial presence test needs to file Form 8843. This includes:

• Every family member in the U.S. on a F-2 or J-2 visa
• Students and scholars who had no income

What If Form 8843 Is Not Filed?

There is no monetary penalty for not filing Form 8843. However, days of presence cannot be excluded from the substantial presence test unless Form 8843 is filed.

Canadian Students

Canadian students who are exempt individuals need to complete Form 8843. If they do not have a visa, use the information from their work authorization papers to complete the form.