Key points
- Under the IRS green card test, a lawful permanent resident is generally a U.S. tax resident.
- U.S. tax residents are generally taxed on worldwide income, including income that stays abroad, such as rent from property in India.
- Foreign accounts and assets may need to be reported, for example on an FBAR or Form 8938. Reporting is not necessarily additional tax.
- Estate planning, cross-border inheritance and two-country compliance deserve attention before relocating.
- A qualified cross-border tax adviser should review your circumstances; this article is not tax advice.

01Tax residency: the green card test
For U.S. federal income tax purposes, a person who is not a U.S. citizen is generally treated as either a resident alien or a nonresident alien. Under the IRS green card test (opens in a new tab), a person who is a lawful permanent resident of the United States at any time during a calendar year is generally a U.S. tax resident for that year. Because EB-5 leads to permanent residence, beginning with conditional residence, EB-5 investors and their families should expect the green card test to become relevant once they obtain status.
Tax residency does not wait for the move to feel complete. It can begin before a family has sold its home abroad, moved its savings or settled children in school. The exact date on which U.S. tax residency starts, and how the first and last years of residency are treated, depend on detailed rules that a tax adviser should apply to your dates.
02Worldwide income
U.S. tax residents are generally required to report their worldwide income on their U.S. return, not just income earned in the United States. Depending on circumstances, this can include:
- Salary and other employment income, wherever earned.
- Rental income from property abroad.
- Dividends and interest, including from foreign bank accounts and fixed deposits.
- Capital gains, for example from selling shares or property outside the United States.
- Income from businesses operated or owned overseas.
An example: rental income in India
Suppose an investor owns a flat in India and continues to rent it out after becoming a U.S. tax resident. That rental income may need to be reported on the investor's U.S. return, even if the rent is paid into an Indian bank account and never leaves India. The same income may also be taxable in India.
Being taxed on the same income in two countries is a real concern, but there are mechanisms intended to reduce it. Depending on the facts, foreign tax credits or the provisions of an applicable income tax treaty may reduce double taxation. Whether and how they apply is a question for a qualified tax adviser.
03Reporting foreign accounts and assets
In addition to reporting income, U.S. tax residents may need to disclose certain foreign accounts and assets. The table below summarises the main requirements in general terms. Thresholds, exceptions and filing details are set by the IRS and the Financial Crimes Enforcement Network (FinCEN) and can change, so check the official guidance with your adviser.
| Requirement | Key point |
|---|---|
| Worldwide income | Generally reported on the annual U.S. individual income tax return, usually Form 1040. |
| FBAR (FinCEN Form 114) (opens in a new tab) | Generally required when the combined value of a person's foreign financial accounts exceeds $10,000 at any time during the calendar year. |
| Form 8938 (FATCA) (opens in a new tab) | Reporting of certain specified foreign financial assets when the applicable filing thresholds are met. |
| Foreign business interests | Ownership of or interests in foreign companies or partnerships may trigger additional forms, depending on the ownership and structure. |
| Foreign gifts or trusts | Receiving certain gifts from abroad, or involvement with foreign trusts, may trigger separate reporting. |
Note that the FBAR threshold is based on the aggregate value of all foreign financial accounts, not each account separately. Several modest accounts, such as savings accounts and fixed deposits in India, can together exceed $10,000.
04Estate planning and cross-border inheritance
Moving to the United States can also change a family's estate planning picture. Exposure to U.S. estate tax generally depends on factors such as citizenship, domicile, where assets are located and the exemptions available. Assets in more than one country can mean that more than one set of inheritance and succession rules applies.
Before relocating, families often review with qualified advisers in each country:
- Existing wills and whether they work in each country where assets are held.
- Trusts and other holding structures, which may be treated differently under U.S. rules.
- Beneficiary designations on accounts, insurance policies and retirement plans.
- Plans for cross-border inheritance, including gifts or inheritances parents abroad may intend to leave to children who become U.S. residents.
05Facts to remember
Step 1: Worldwide income
As a U.S. tax resident, income from every country is generally reportable on your U.S. return.
Step 2: The FBAR threshold is combined
The $10,000 FBAR threshold refers to the combined value of foreign accounts at any time in the year, not each account.
Step 3: Two-country compliance
Obligations in your home country generally continue. U.S. compliance and home-country compliance are separate questions.
Step 4: Residency can start early
Tax residency can begin before every practical step of relocation is complete, so planning is best done before obtaining status.
06Next steps
- Consult a qualified cross-border tax adviser familiar with U.S. rules and your home country's rules before investing or relocating.
- Read EB-5 for families for wider household planning, and planning for children and age.
- If your funds come from India, see source of funds for Indian investors.
- Review the wider costs of EB-5, which can include tax advice.
- To be connected with appropriate qualified professionals, request a consultation. EB5 Circle does not provide tax, legal or investment advice.
Common questions
Once you are a U.S. tax resident, which a green card generally makes you under the green card test, your worldwide income is generally reportable on your U.S. return. Foreign tax credits or a tax treaty may reduce double taxation. A qualified cross-border tax adviser can explain how this applies to you.
No. It generally applies to the combined value of all your foreign financial accounts at any time during the calendar year. See the IRS FBAR guidance and discuss your accounts with a tax adviser.
Not necessarily. These are reporting requirements. Filing them does not by itself create additional tax, but penalties can apply if required disclosures are missed.
No. EB5 Circle provides general educational information only. Please consult a qualified cross-border tax adviser about your own situation.
Sources and further reading
Facts on this page were checked against these sources on October 29, 2026. Rules and figures change — always confirm with the official source.
- 1.Alien Residency: Green Card Test (opens in a new tab)Internal Revenue Service
- 2.Report of Foreign Bank and Financial Accounts (FBAR) (opens in a new tab)Internal Revenue Service
- 3.Summary of FATCA Reporting for U.S. Taxpayers (opens in a new tab)Internal Revenue Service
- 4.About the EB-5 Visa Classification (opens in a new tab)U.S. Citizenship and Immigration Services
Published · Last reviewed . This page is general educational information, not legal, tax or investment advice. See our disclosures.

