Hi,

I am an R1 Visa Holder. My employee withholds Social Security and Medicare taxes. I have been told that since I am a non-resident, I may not be required to have these taxes withheld. Is there truth to that? Where can I find it in the tax code to show my employee?

My employee has been withholding these taxes for the last few years and I have been filing my taxes like a regular US citizen. If it is correct that I am not required to pay these taxes, may I request the money back from the previous few years?

Are there any special forms that I should file as part of my tax return or should I be continuing to file as a regular citizen files?

Truly yours,
Eric

Yes, this is religious worker visa. You must pay FICA taxes. Your days in the U.S. are not exempt from residency.