If the taxpayer $($or spouse, if married$),$ was a non$-$resident alien for any part of the tax year, the taxpayer cannot claim the Earned Income Credit, unless the taxpayer's filing status is Married Filing Jointly.If the taxpayer $($or spouse, if married$),$ was a non$-$resident alien for any part of the tax year, the taxpayer cannot claim the Earned Income Credit, unless the taxpayer's filing status is Married Filing Jointly.