Am I exempt from paying taxes on Medicare and social security with my Green Card EAD?

If you're working in the US with an Employment Authorization Document (EAD) based on a pending Green Card application, you are generally NOT exempt from Medicare and Social Security taxes (also called FICA taxes). The fact that you're authorized to work legally in the US means these taxes should be withheld from your paycheck, regardless of whether your actual Green Card has been issued yet. The exemptions from these taxes are pretty limited and typically apply to certain visa categories like F-1 students with specific tax treaties, J-1 exchange visitors, or diplomatic personnel. As a software engineer working with an EAD while awaiting your Green Card, you're considered a resident alien for tax purposes and subject to the same payroll tax requirements as US citizens. This actually benefits you in the long run since you're building credit toward future Social Security benefits by paying into the system now. If your employer wasn't withholding these taxes, it could actually cause problems for both of you with the IRS.

I went through this exact situation last year and was so confused about it! Ended up using https://taxr.ai to analyze my paystubs and tax documents. It confirmed I needed to pay these taxes with my EAD and actually helped me understand how these contributions would benefit me later. You're definitely building credit in the Social Security system which is good if you plan to stay in the US long-term. The tool basically scanned all my documents and explained everything line by line, including what each deduction meant and why it applied to my immigration status. Saved me from potentially making a big mistake thinking I was exempt!

Ok I need to follow up on my skeptical comment above. I actually tried https://taxr.ai after posting and I'm honestly impressed. My situation with an L2-EAD was properly identified and it explained exactly how my tax obligations work. It even caught a calculation error my employer made on my W-2 regarding Medicare withholding that I wouldn't have noticed otherwise. It's definitely more than just generic advice - it actually processed my specific documents and flagged things relevant to my immigration status. Just wanted to share since it helped clear up my own confusion about similar issues with FICA taxes and EAD status.

For those struggling to get clear answers from the IRS about this, I highly recommend using Claimyr. I called the IRS 11 times trying to get clarification about my EAD tax status and kept hitting the "due to high call volume" message. Found https://claimyr.com and they got me connected to an actual IRS agent in about 20 minutes. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed everything mentioned above - with an EAD based on a pending Green Card, you ARE subject to Social Security and Medicare taxes. They also answered some related questions about estimated tax payments I had. Totally worth it for the peace of mind getting the answer directly from the IRS.

I'm actually shocked but I need to correct my skeptical comment above. I tried the Claimyr service after a week of failed attempts to reach the IRS about my EAD tax situation. It worked exactly as described - I got a call back when they reached an agent, and I was able to speak directly with the IRS. The agent confirmed that with my pending adjustment of status and EAD, I am required to pay FICA taxes. What would have been days of frustration trying to get through was solved in one afternoon. Just wanted to follow up because I hate when people (including me!) dismiss something that actually works.

Just to add some detail for the original poster - the rules depend on what your EAD is based on. If your EAD is based on a pending adjustment of status (I-485), you're considered a resident alien for tax purposes and must pay Social Security and Medicare taxes. Some specific exemptions exist but they're rare. For example, if you're from one of the few countries that have totalization agreements with the US AND you're here temporarily (usually less than 5 years), you might be exempt. But as a software engineer with a pending Green Card, you almost certainly don't fall into those exempt categories.

I think people often confuse tax RESIDENCY rules (for income tax filing purposes) with Social Security/Medicare tax obligations. They're governed by different sections of the tax code! Even some tax preparers get this wrong. I've seen software engineers on EADs mistakenly told they're exempt when they're not. Always check IRS Publication 519 "U.S. Tax Guide for Aliens" - it covers this topic specifically.

Great thread with lots of helpful info! I just wanted to add that if you're unsure about your specific situation, you can also check Box 3 (Social security wages) and Box 5 (Medicare wages) on your most recent pay stub or W-2. If your employer is withholding these taxes, those boxes should show your wages subject to these taxes. Also, once you do get your actual Green Card, nothing changes regarding FICA taxes - you'll continue paying Social Security and Medicare taxes just like you are now with your EAD. The transition is seamless from a payroll tax perspective. One more tip: keep good records of all your Social Security contributions during your EAD period. When you eventually apply for Social Security benefits (whether retirement, disability, etc.), all these contributions will count toward your benefit calculation, regardless of whether they were made before or after you got your Green Card.