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As an F1 student for over 4 years and on OPT, am I exempt from FICA tax?

I am on an F1 visa and will have been in the USA for 5 years on 9th August 2019. I am currently on post-completion OPT. Am I eligible to tell my employer that I am exempt from FICA taxes? What kind of proof can I show? I read somewhere that FICA exemption for F1 lasts only for 5 years.

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1 Reply
pk
Level 15
Level 15

As an F1 student for over 4 years and on OPT, am I exempt from FICA tax?

There are two different things involved here -- (a) exemption from counting days present -- this is generally for five calendar years  counting the year of first admittance-- for F-1  visa holders;  (b) FICA withholding -- generally all  foreign  and some domestic students  are exempt from having to have FICA withheld -- the logic here is that as a non-resident alien and with no intention of staying in the USA past the study period, it makes no sense to pay in towards FICA ( you will never be eligible to collect). For US students during residency/ training it is viewed as "not employment" and therefore no FICA.

F-1 students , even on extended F-1 ( unless gainfully employed ) i.e. not on OPT etc.  there is NO FICA. If you however, are not compliant with F-1 and/or changed to H-1B, then this employment earnings and therefore subject to FICA.

8843 is generally the form used to declare that a  a person is still a non-resident alien, closer connection to home country, has no intention of staying in the USA and therefore not subject to FICA

Namaste ji

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