H-1B visa uncertainty is a timing problem as much as a tax one. Your US stocks and 401(k) are taxed at death as a non-resident alien's estate: exempt to $60,000, not $15 million. A layoff can force you out before you've fixed either.
How H-1B visa uncertainty creates US situs exposure
US situs is the test that decides whether the US taxes an asset in your estate at all. It has nothing to do with where you live when you die.
A non-resident alien, which is what you are on an H-1B without a green card or citizenship, gets taxed on US situs assets above $60,000. The IRS's own rules for nonresidents set the rate: graduated, 18% up to 40%.
US-incorporated stock counts, even in a Fidelity or Schwab account opened while working here. So does US real estate, and most advisors treat 401(k) and IRA balances the same way. Two categories don't: US bank deposits are exempt under IRC 2105(b), and so are life insurance proceeds.
The mistake I see most often
In the exposure reviews I've run, the number people get wrong is the rate. They assume 40% flat on everything over $60,000. It's graduated instead, 18% climbing to 40%, minus a small credit worth about $13,000.
Worked example: a $500,000 US brokerage account
- Amount over the exemption: $500,000 minus $60,000 = $440,000
- Flat-rate guess: 40% of $440,000 = $176,000
- Correct graduated calculation (IRC 2001(c) table, less the $13,000 credit): about $142,800
- Gap: roughly $33,200 less than the flat-rate guess, still a real six-figure bill
Still a real bill, just not the one most people brace for.
The liquidity trap a forced timeline creates
H-1B holders who lose a job typically get 60 days to find a new sponsor, change status, or leave. That's not much time to review a portfolio, decide what to sell, and handle the tax consequences of selling in a hurry.
Rebalancing out of US situs assets or raising cash for a sudden move takes weeks when it's planned. It takes longer, and costs more, when it's rushed into a 60-day window that already carries a job search.
The emergency fund most guides recommend for job loss doesn't automatically cover this. A fund sitting in the same brokerage account you're trying to reduce exposure on doesn't help either goal. I'd rather see that buffer sized and separated before a notice period starts than during one.
Who this applies to
This applies to you if you hold an H-1B, L-1, or another non-immigrant work visa, and you hold US stocks, a 401(k), an IRA, or US real estate.
It does not apply the same way if you're a green card holder or naturalized citizen: you get the $15 million exemption, regardless of your job. It matters less if your US holdings sit mostly in bank deposits, since those already sit outside US situs.
What to do about it
Start with the exposure, not the panic. Add up what you hold in US-incorporated stock, 401(k) and IRA balances, and any US real estate. That total, less $60,000, is roughly what's exposed at your marginal rate under the graduated table.
From there:
- Size a cash buffer outside your brokerage account, separate from your investments, large enough to cover a job search and a possible move.
- Review whether new contributions or a rebalance could move into non-US-domiciled funds, which sit outside US situs. Irish-domiciled UCITS ETFs and GIFT City structures both work this way, though each carries its own PFIC treatment worth checking before you buy.
- Know your 401(k) exit options before a layoff forces the decision, not after.
- Read the 60-day layoff checklist now, while you have time to plan around it, not during the 60 days themselves.
None of this requires leaving your job or your visa status. It requires doing the exposure math and the liquidity math while you still have the runway to act on what they show you.
Common misreadings
Myth: Transfer on death registration fixes this.
Reality: It avoids probate. It does not change situs, and the full estate tax exposure still applies.
Myth: My spouse inherits tax-free either way.
Reality: Only if your spouse is a US citizen. A non-citizen spouse needs a QDOT to defer the tax, and a QDOT defers it, it doesn't eliminate it.
Where to go from here
Run the exposure math this week, not after a notice arrives. I'd rather see the buffer built and the situs mix shifted while you're still employed than watch someone try to do both inside a 60-day clock. If the number surprises you, that's the sign to start.
Frequently asked questions
How much liquidity should H-1B holders keep on hand for a forced relocation?
Enough to cover a 60-day job search plus moving costs, held separately from your brokerage account so you're not forced to sell into a bad week just to fund it. See the emergency fund guide for how to size it.
Can you move US brokerage holdings out of US estate tax exposure while still on H-1B?
Yes. Selling US-incorporated stock and reinvesting in non-US-domiciled funds removes that sleeve from US situs immediately, regardless of your visa status. PFIC treatment still applies to the new holding.
Does a layoff notice change your US estate tax exposure the day it happens?
No. Your exposure is set by what you hold and your residency status, not your employment status. What changes is your time to act on it.
Is it worth restructuring your portfolio now if your H-1B might still get renewed?
Yes. The restructuring costs you nothing if the renewal comes through, and it's the version of this decision you get to make on your own schedule. If you do end up returning to India, the groundwork is already done.