Can someone answer the following? I pay FICA as required even though I am on J-1 and are not tax exempt due to no treaty agreement between my country and the USA. I am a non-resident alien and I have filed form 1040 Nr for the past two years. However, my employer has been withholding my social and medicare for these past two years and have continued this third year. How can I get them to stop withholding my social and medicare as they refuse to listen or read the IRS.gov website which clearly states that a J-1 exchange visiting teacher is not subject to social and medical withholding? I have filed for my refund from the IRS and hope that I will get my money back as it is a lot! Answers? Suggestions?

If your employer will not cooperate, then you just need to file Form 843 for the past two years with the support forms specified on page 49 of IRS Pub 519 to get the refund from the IRS.