u/AnxiousParfait767r/taxJan 2, 2026
You must file by October 15, 2026 only if you were a U.S. person for FBAR purposes in 2025 and your reportable foreign accounts exceeded $10,000 under the aggregate-value rule.
“I was on an F1 visa in 2025 and transferred to an H1B visa in October of this year. Do I need to file the FBAR by October 15?”
Summary
Your H-1B change this month does not, by itself, create a 2025 FBAR obligation. Many qualifying F-1 students can exclude their student days, but your earlier years in the United States and 2025 account balances decide your case.
The October 15, 2026 deadline concerns 2025 foreign accounts, so the decision turns on your 2025 status and accounts—not the October 2026 H-1B change.
If your qualifying F-1 leave you a nonresident under the 2025 residency tests, and you made no applicable , you do not file a 2025 merely because you changed to H-1B in 2026. The FBAR rule covers U.S. persons, including residents as defined by the tax-residency statute. [31 CFR 1010.350(b)](https://www.ecfr.gov/current/title-31/subtitle-B/chapter-X/part-1010/subpart-C/section-1010.350); [IRS student rule](https://www.irs.gov/individuals/international-taxpayers/exempt-individual-who-is-a-student).
Even if you were a in 2025, you do not file a 2025 FBAR if your reportable foreign accounts did not exceed $10,000 in aggregate under FinCEN’s account-value rule. [FinCEN filing instructions](https://www.fincen.gov/system/files/shared/FBAR%20Line%20Item%20Filing%20Instructions.pdf).
If you were a in 2025 and had a financial interest in, or signature authority over, reportable foreign accounts whose aggregate value exceeded $10,000, file your 2025 by October 15, 2026. The extension from April 15 is automatic; you need not request it. [FinCEN filing rule](https://www.fincen.gov/report-foreign-bank-and-financial-accounts); [IRS deadline](https://www.irs.gov/businesses/small-businesses-self-employed/report-of-foreign-bank-and-financial-accounts-fbar).
A separate report for 2026, if required, follows the 2026 calendar year and ordinarily has an April 15, 2027 due date with an automatic October 15, 2027 extension. [IRS FBAR guidance](https://www.irs.gov/businesses/small-businesses-self-employed/report-of-foreign-bank-and-financial-accounts-fbar).
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Next steps
Work through the reporting year first, then file only the forms your 2025 facts require.
Start with 2025—not October 2026
Determine your 2025 residency status
For the , count nonexempt days: all countable 2025 days, one-third of countable 2024 days, and one-sixth of countable 2023 days; the test also requires at least 31 days in 2025 and 183 weighted days overall. Qualifying student days are excluded, ordinarily subject to the five-calendar-year student limit and its specific exception. An applicable can also affect the result, but exempt days cannot satisfy that choice’s presence requirements. [IRS presence test](https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test); [2025 student instructions](https://www.irs.gov/pub/irs-prior/f8843--2025.pdf); [IRS first-year choice](https://www.irs.gov/individuals/international-taxpayers/tax-residency-status-first-year-choice).
Requirements
A separate student filing
File 2025 Form 8843 if you exclude student days
Complete the [2025 Form 8843](https://www.irs.gov/pub/irs-prior/f8843--2025.pdf), Parts I and III. Attach it to your 2025 Form 1040-NR if filing that return; if no 2025 tax return is required, mail it to Department of the Treasury, Internal Revenue Service Center, Austin, TX 73301-0215. Its deadline follows the applicable Form 1040-NR deadline, including valid extensions—not the FBAR’s automatic extension. The ordinary 2025 return dates were April 15, 2026 for employee wages subject to U.S. withholding, or June 15, 2026 without such wages. [Form 8843](https://www.irs.gov/pub/irs-prior/f8843--2025.pdf); [Form 1040-NR instructions](https://www.irs.gov/instructions/i1040nr).
Requirements
If you were a 2025 U.S. resident
Total your reportable foreign accounts for 2025
Include foreign financial accounts in which you had a financial interest or signature authority. Determine each account’s maximum 2025 value in U.S. dollars and add the maxima; the filing threshold is exceeded when one maximum or their aggregate is more than $10,000. Keep the account holder’s name, account number, financial institution’s name and address, account type, and maximum value for a required report. [FinCEN instructions](https://www.fincen.gov/system/files/shared/FBAR%20Line%20Item%20Filing%20Instructions.pdf).
Requirements
By October 15, 2026, if required
Submit the 2025 FBAR if both tests are met
File FinCEN Form 114 using FinCEN’s individual [File Online FBAR](https://bsaefiling.fincen.gov/file/fbar/html) option. Individual self-filing does not require registration; the official filing page does not specify a filing fee. The 2025 FBAR’s April 15, 2026 deadline has an automatic extension to October 15, 2026 without a request. Submit it through FinCEN, not with your federal income-tax return. [FinCEN filing page](https://bsaefiling.fincen.gov/file/fbar); [IRS deadline and filing method](https://www.irs.gov/businesses/small-businesses-self-employed/report-of-foreign-bank-and-financial-accounts-fbar).
Requirements
Others who faced this
You are not the first to go through this. Here is how it went for others who asked the same thing.
Legal sources
The answer is grounded in FinCEN’s FBAR rule and filing instructions, the Treasury regulation, and IRS residency and form instructions.
31 CFR 1010.350(b)(2)
For an individual, the FBAR resident test refers to statutory tax residency, not the name of the visa held when the report is filed.
(b)(2)
A resident of the United States is an individual who is a resident alien under 26 U.S.C. 7701(b) and the regulations thereunder but using the definition of “United States” provided in 31 CFR 1010.100(hhh) rather than the definition of “United States” in 26 CFR 301.7701(b)-1(c)(2)(ii);
2025 Form 8843 instructions
The 2025 student-day exclusion has a five-calendar-year limitation, subject to a further showing.
page 5, Student
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.
IRS Substantial Presence Test
Qualifying exempt-student days are left out when calculating substantial presence.
Do not count days for which you are an exempt individual.
IRS Foreign-Student Closer-Connection Exception
A student may still establish the special closer-connection exception after the ordinary student-day limit, but must satisfy all its conditions.
The student does not intend to reside permanently in the United States. The student has substantially complied with the immigration laws and requirements relating to their student nonimmigrant status. The student has not taken any steps to change their nonimmigrant status in the United States toward becoming a lawful permanent resident of the United States. The student has a closer connection to a foreign country than to the United States as evidenced by the factors listed in Treasury Regulation section 301.7701(b)-2(d)(1).
FinCEN FBAR Filing Rule
FinCEN states the account threshold and covers both financial interests and signature authority.
A United States person that has a financial interest in or signature authority over foreign financial accounts must file an FBAR if the aggregate value of the foreign financial accounts exceeds $10,000 at any time during the calendar year.
FinCEN Form 114 Filing Instructions
FinCEN’s instructions explain how to test multiple accounts using their maximum values.
General Instructions, monetary amounts
If the maximum account value of a single account or aggregate of the maximum account values of multiple accounts exceeds $10,000, an FBAR must be filed.
IRS FBAR Filing Guidance
The 2025 report’s regular deadline was April 15, 2026, and its automatic extended deadline is October 15, 2026.
The FBAR is an annual report, due April 15 following the calendar year reported. You’re allowed an automatic extension to October 15 if you fail to meet the FBAR annual due date of April 15. You don’t need to request an extension to file the FBAR.
2025 Form 8843 instructions
A student excluding 2025 presence days must complete the student portions of Form 8843.
page 5
If you qualify to exclude days of presence as a student, complete Parts I and III of Form 8843.
2025 Form 8843 instructions
The IRS specifies how to file Form 8843 when no 2025 tax return is required.
Form 8843 filing instructions
If you don’t have to file a 2025 tax return, mail Form 8843 to the Department of the Treasury, Internal Revenue Service Center, Austin, TX 73301-0215 by the due date (including extensions) for filing Form 1040-NR.
2025 Form 1040-NR Instructions
The 2025 nonresident income-tax filing date depends on whether the individual received employee wages subject to U.S. withholding.
When To File
File Form 1040-NR by April 15, 2026, if you were an employee and received wages subject to U.S. income tax withholding. If you didn’t receive wages as an employee subject to U.S. income tax withholding, file Form 1040-NR by the 15th day of the 6th month after your tax year ends. A return for the 2025 calendar year is due by June 15, 2026.
IRS First-Year Choice Guidance
An eligible first-year residency choice cannot use days that were exempt-student days to meet its presence requirements.
When counting the days of presence in (1) and (2) above, do not include the days you were present in the U.S. as an exempt individual.
IRS Internal Revenue Manual 4.26.16
A spousal joint-return election does not, by itself, create FBAR residency.
4.26.16.2.1.2
FinCEN clarified in the preamble to the regulations that an election under IRC 6013(g), Election to Treat Nonresident Alien Individual as Resident of the United States, or IRC 6013(h), Joint Return, Etc., for Year in Which Nonresident Alien Becomes Resident of United States, is not considered when determining residency status for FBAR purposes.
FinCEN Individual FBAR Filing Page
FinCEN offers direct individual FBAR filing without creating a filing-system account.
There is no need to register to file the FBAR as an individual.
IRS FBAR Filing Guidance
The FBAR goes through FinCEN’s electronic system, not with the income-tax return.
You don’t file the FBAR with your federal tax return.
These are the official rules as published on the cited dates; rules can change.
This is general information about official processes, not legal advice, and SettleKit is not a law firm.

