Get Your Free Financial Score →Sign InYour data on this device
Free · Open access · No sign-up required
LearnFAQImmigrant & NRI Finance

If FICA was wrongly withheld from my paycheck as an exempt student, how do I get it refunded?

Answer

Start with your employer, since they can issue a corrected W-2 and refund the Social Security and Medicare tax more easily than the IRS can. If the employer refuses or can't, file Form 843 (Claim for Refund) plus Form 8316 stating the employer wouldn't refund it, and attach your W-2, visa, I-94, and proof of student status. You have generally three years from the filing date or two years from payment, whichever is later, to claim it. Keep copies of everything you send. This process only applies while you qualified as an exempt nonresident student. The IRS describes the refund path in Publication 519 at irs.gov.

← All FAQsMore Articles →

Educational disclaimer: All content on WealthSerene.com is for educational purposes only and does not constitute investment advice. Projections and calculations are illustrative — actual results will vary based on market conditions, your specific situation, and many factors outside this tool’s scope. Always consult a qualified financial professional for advice specific to your situation. View full disclosures →