Is this a reasonable class to put in document as a category exclusion?

Hi

A young employee is a full-time employee for couple of years under "student visa". 

Is it reasonable to exclude under "anyone who is on a student visa is excluded".

He is also a non-resident alien which is standard exclusion in my documents.

Unfortunately, must be included in all tests due to full-time status which US based income, at least they way I know.

Thank you

54 minutes ago, Jakyasar said:

Hi

A young employee is a full-time employee for couple of years under "student visa". 

Is it reasonable to exclude under "anyone who is on a student visa is excluded".

He is also a non-resident alien which is standard exclusion in my documents.

Unfortunately, must be included in all tests due to full-time status which US based income, at least they way I know.

Thank you

I doubt he is a non-resident alien. If so we wouldn't be having this discussion. The exclusion seems reasonable to me. He will still count against you for 410b purposes, but the average benefits test should still be available.

Much appreciated and thank you

There are also laws against discrimination based on immigration status or national origin.

On 6/24/2021 at 7:05 PM, Mike Preston said:

I doubt he is a non-resident alien. If so we wouldn't be having this discussion.

He is not a non-resident alien without US income , but on a student visa he most likely is a non-resident alien*.

*depending on the student visa type, 1-5 years before he would be considered a resident alien for tax purposes.