Students and Exchange
Visitors
Generally, services
performed by you as a
nonresident alien temporarily
in the United States as a
nonimmigrant under
subparagraph (F), (J), (M), or
(Q) of section 101(a)(15) of
the Immigration and
Nationality Act are not
covered under the social
security program if the
services are performed to
carry out the purpose for
which you were admitted to the
United States. This means that
there will be no withholding
of social security or Medicare
taxes from the pay you receive
for these services. These
types of services are very
limited, and generally include
only on-campus work, practical
training, and economic
hardship employment.
If you are an international
student and nonresident alien
for tax purposes and had
Social Security and Medicare
tax FICA withheld from
your paychecks, you must first
ask your employer for a
refund. If you are unable to
receive a refund from your
employer, you must file
Form
843 and supplemental
Form 8316 to get a
refund from the Internal
Revenue Service.
However, you are covered
under the social security
program for these services if
you are considered a resident
alien as discussed in chapter
1, even though your
nonimmigrant classification (F,
J,
M,
or Q)
remains the same. Social
security and Medicare taxes
(FICA)
will be withheld from your
pay.
Nonresident Alien
Students
If you are a nonresident
alien admitted to the United
States as a student, you
generally are not permitted
to work for a wage or salary
or to engage in business
while you are in the United
States. In some cases, a
student admitted to the
United States in F1,
M1,
or J1
status is granted permission
to work, and it is so noted
on the student's copy of
Immigration Form I94,
Arrival-Departure Record.
Social security and Medicare
taxes are not withheld from
pay for the work unless the
student is considered a
resident alien.
Any student who is
enrolled and regularly
attending classes at a
school may be exempt from
social security and Medicare
taxes on pay for services
performed for that school.
The U.S. Citizenship and
Immigration Services (USCIS)
permits on-campus work for
students in F1
status if it does not
displace a U.S. resident.
On-campus work means work
performed on the school's
premises. On-campus work
includes work performed at
an off-campus location that
is educationally affiliated
with the school. On-campus
work under the terms of a
scholarship, fellowship, or
assistantship is considered
part of the academic program
of a student taking a full
course of study and is
permitted by the USCIS. In
this case, the educational
institution endorses the
Form I20. Social security
and Medicare taxes
(FICA) are not
withheld from pay for this
work unless the student is
considered a resident alien.
Students in F1
status may be permitted to
participate in a curricular
practical training program
that is an integral part of
an established curriculum.
Curricular practical
training includes work/study
programs, internships, and
cooperative education
programs. In this case, the
educational institution
endorses the Form I-20.
Social security and Medicare
taxes are not withheld from
pay for this work unless the
student is considered a
resident alien.
Employment due to severe
economic necessity and for
optional practical training
is sometimes permitted for
students in F1
status. Students granted
permission to work due to
severe economic necessity or
for optional practical
training will be issued Form
I688B or Form I766 by the
USCIS. Social security and
Medicare taxes are not
withheld from pay for this
work unless the student is
considered a resident alien.
Students in M1
status who have completed a
course of study can accept
employment for practical
training for up to six
months and must have a Form
I688B or Form I766 issued
by the USCIS. Social
security and Medicare taxes
are not withheld from M1
students' pay for these
services unless the student
is considered a resident
alien.
In all other cases, any
services performed by a
nonresident alien student
are not considered as
performed to carry out the
purpose for which the
student was admitted to the
United States. Social
security and Medicare taxes
(FICA)
will be withheld from pay
for the services unless the
pay is exempt under the
Internal Revenue Code.
Nonresident aliens are
admitted to the United
States as nonimmigrant
exchange visitors under
section 101(a)(15)(J) of the
Immigration and Nationality
Act through the sponsorship
of approved organizations
and institutions that are
responsible for establishing
a program for the exchange
visitor and for any later
modification of that
program. Generally, an
exchange visitor who has the
permission of the sponsor
can work for the same
reasons as the students
discussed above. In these
cases, permission is granted
by a letter from the
exchange visitor's sponsor
or by endorsement from the
program sponsor on Form IAP66,
Certificate of Eligibility
or Form DS2019.
Social security and
Medicare taxes (FICA) are not
withheld on pay for services
of an exchange visitor who
has been given permission to
work and who possesses or
obtains a letter of
authorization from the
sponsor unless the exchange
visitor is considered a
resident alien.
In all other cases,
services performed by an
exchange visitor are not
considered as performed to
carry out the purpose for
which the visitor was
admitted to the United
States. Social security and
Medicare taxes are withheld
from pay for the services
unless the pay is exempt
under the Internal Revenue
Code.
If you are a J1
visa holder, your spouse or
child may be permitted to
work in the United States
with the prior approval of
the USCIS and issuance of
Form I688B or Form I766.
Nonresident aliens
admitted to the United
States as participants in
cultural exchange programs
under section 101(a)(15)(Q)
of the Immigration and
Nationality Act may be
exempt from Social
security and Medicare taxes
- FICA.
Aliens with Q
visas are aliens whose
employment or training
affords the opportunity for
culture-sharing with the
American public. They are
allowed to work in the
United States for a specific
employer in an approved
cultural exchange program.
The employer must be the
petitioner through whom the
alien obtained the Q
visa. Social security and
Medicare taxes are not
withheld from pay for this
work unless the alien is
considered a resident alien.
Aliens with Q
visas are not permitted to
engage in employment outside
the exchange program
activities.
U.S. Citizens and
Resident Aliens
If you work as an
employee in the United
States, in most cases you must pay
Social security and Medicare
taxes also known as
FICA .
Your payments of these taxes
contribute to your coverage
under the U.S. social
security system. Social
security coverage provides
retirement benefits and
medical insurance (Medicare)
benefits to individuals who
meet certain eligibility
requirements.
In most cases, the first
$87,000 of taxable wages
received in 2007 for services
performed in the United States
is subject to social security
tax. All taxable wages are
subject to Medicare tax. Your
employer deducts these taxes
from each wage payment. Your
employer must deduct these taxes
even if you do not expect to
qualify for social security or
Medicare benefits. You can claim
a credit for excess social
security tax on your income tax
return if you have more than one
employer and the amount deducted
from your combined wages for
2007 is more than $5,394. Use
the worksheet in chapter 3 of
Publication 505,
Tax
Withholding and Estimated Tax,
to figure your credit.
If any one employer deducted
more than $5,394, you cannot
claim a credit for that amount.
Ask your employer to refund the
excess.
In general, U.S. social
security and Medicare taxes
apply to payments of wages for
services performed as an
employee in the United States,
regardless of the citizenship or
residence of either the employee
or the employer. In limited
situations, these taxes apply to
wages for services performed
outside the United States. Your
employer should be able to tell
you if Social security and
Medicare taxes apply to your
wages. You cannot make voluntary
payments if no taxes are due.
For more information,
please read IRS
Publication 519.