A student is an individual who is temporarily present in the United States under an "F," "J," "M," or "Q" visa and who substantially complies with the requirements of the visa.
If you were a student under an "F," "J," "M," or "Q" visa, you are considered to have substantially complied with the visa requirements if you haven't engaged in activities that are prohibited by U.S. immigration laws and could result in the loss of your visa status.
Even if you meet these requirements, you can't exclude days of presence in 2025 as a student if you were exempt as a teacher, trainee, or student for any part of more than 5 calendar years unless you establish that you don't intend to reside permanently in the United States. The facts and circumstances to be considered in determining if you have established that you don't intend to reside permanently in the United States include, but aren't limited to:
- Whether you have maintained a closer connection to a foreign country than to the United States (for details, see Pub. 519); and
- Whether you have taken affirmative steps to change your status from nonimmigrant to lawful permanent resident.
If you qualify to exclude days of presence as a student, complete Parts I and III of Form 8843. If you have a "Q" visa, complete Part I and only lines 10 through 14 of Part III. On line 10, enter the name, address, and telephone number of the director of the cultural exchange program in which you participated.