I am an F1 OPT student working on a W-2 for a staffing firm. My employer is withholding FICA and Medicare taxes from my paychecks. I explained that F1 students are exempt for the first 5 years, but payroll refused to stop the deductions, claiming there is no exemption. What can I do to stop this or get a refund?
It forks: if you are still a ,[object Object], doing authorized, degree-related OPT, Social Security and Medicare should not be withheld; if you are a resident alien for that tax year, they are generally due.
Payroll’s blanket statement that no exemption exists is wrong: current federal law expressly provides one for qualifying F‑1 nonresident work. Once you identify the correct residency branch, there is a clear employer‑first process and an IRS backup claim.
