Hoping someone can help me untangle this situation. I’m on a US work visa and started legally working at my employer on January 1, 2026.
Here’s the timeline:
- Oct 25, 2025 — Employer accidentally paid me before I was legally authorized to work (around $3000 net)
- Jan 1, 2026 — Officially started work
- Jan 30, 2026 — Received a W-2 that incorrectly included the Oct wages. I was not employed during 2025 by this company so I should’ve not have received a W2. I report it.
- Feb 20, 2026 — Did a payroll reversal and had to pay back the gross amount (which included ~$1500 in taxes that were withheld) so I paid around $4500 back which puts me at $1500 out of pocket
- March 1, 2026 — Received a W-2C showing $0 wages and $0 taxes withheld
My problem: I paid back the full gross amount, but I only ever received a fraction of it as a direct deposit (the net after tax). So I personally funded $1500 in taxes, social security and Medicare wages out of pocket to complete the reversal.
My questions:
- how do I get the tax, social security and Medicare back? Does updating my W2C to zero out everything correct even though I had to repay the tax + social security in the following year?
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If you were paid for the work performed in 2025 as a legitimate non-employee, you should have received Form 1099-NEC as a self-employed independent contractor, not a W-2. Also, an independent contractor pays their own taxes, not the company that they work for.
However, if you worked without a work visa in 2025, you have little legal standing to recover the taxes you repaid, even if the company never actually paid those taxes on your behalf. You may seek the assistance of your state workforce commission or an advocate for labor issues.
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