H-1 visa employee with US income

Hi

Plan document excludes non-resident aliens - standard language.

Employee is residing and working in the US, working under h-1 visa and paid a salary thru payroll from his employee in the US.

As far as I remember, he is included in all pension related matters like all non-discrimination testing (he is excluded under a job category but part of all testing).

Also, if he was not excluded, he would get what contributions due to him including option to defer.

Please let me know if I missed anything.

Thank you

8 minutes ago, Jakyasar said:

Please let me know if I missed anything.

You have it covered.  The US income means  the "non-resident alien" exclusion won't apply, so for testing its like any other employee.