Hi

I am sure this subject has been touched upon several times, but I'm still not certain.

I am international holding F1 Visa and started working 3 months ago using OPT (Optional Practical Training). I came to study 3.5 years ago and just graduated in June this year.

My questions are:

1) Am I considered a nonresident alien or resident alien ?

2) Am I exempt from FICA social security and medicare taxes ?

My employer says that I am considered a resident alien because I have lived here for 3.5 years and am not exempt from these taxes because I am considered resident alien, no longer a student and not working on campus.

Thank you for your help !


Yansen

1. Everyone on F1 and OPT is exempt from residency for 5-years. Even if you are not required to file tax return, you must file Form 8843.
2. On F1/OPT you are exempt from FICA taxes for 5-years.
3. You MUST file non-resident tax return.
Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents