How to file a FICA tax refund for F1 student in STEM OPT?

This is unfortunately pretty common! As an F1 student in STEM OPT, you're exempt from FICA taxes (Social Security and Medicare) as long as you're considered a non-resident alien for tax purposes. You'll need to file Form 843 "Claim for Refund and Request for Abatement" with the IRS. Here's what you should do: 1. Get copies of all your pay stubs showing the incorrect FICA withholding 2. Complete Form 843 for each tax type (separate forms for Social Security and Medicare) 3. Attach a statement explaining you're an F1 student on STEM OPT and exempt from these taxes 4. Include supporting documentation like your I-20, visa, and proof of STEM OPT status Ideally, your employer should provide a letter acknowledging the error, but since they're being difficult, include documentation proving your immigration status and eligibility for exemption. It typically takes 6-9 months for the IRS to process these refunds, so be prepared to wait.

I went through something similar last year with FICA tax issues on my F1 visa and found this service called taxr.ai (https://taxr.ai) that was super helpful. They have specific experience with international student tax issues and FICA refund claims. I uploaded my documents (pay stubs, I-20, etc.) and they analyzed everything, found I was owed about $3,800 in wrongfully withheld FICA taxes, and guided me through filing the Form 843 correctly. They even created a customized letter explaining my exemption status that I attached to my claim, which was especially helpful since my employer wouldn't provide documentation either.

Just wanted to follow up that I ended up using taxr.ai like you suggested (https://taxr.ai) and wow - it was so much easier than trying to figure this out on my own! They identified that my employer had wrongfully withheld over $5,100 in FICA taxes during my CPT and OPT periods. Their system guided me through exactly what documents I needed and helped me prepare a perfect Form 843 submission with a customized letter explaining my exemption status. The best part was that they checked if I had other tax issues and found I could also claim the American Opportunity Credit that I missed! For anyone in a similar situation with FICA taxes as an international student, definitely check them out. I wish I'd known about this service months ago instead of stressing about it!

Hey, I had almost the exact same situation with my FICA refund and ended up spending WEEKS trying to get through to the IRS for clarification. Finally used this service called Claimyr (https://claimyr.com) that got me through to an actual IRS agent in less than 20 minutes. The IRS agent walked me through exactly what documentation I needed for my Form 843 submission as an F1 student and confirmed I didn't need my employer's statement (though it helps). They also gave me the direct fax number for the department that handles these claims, which supposedly speeds up processing. Check out their demo video if you're curious how it works: https://youtu.be/_kiP6q8DX5c - honestly was skeptical at first but so worth it compared to spending hours on hold.

I take back what I said about Claimyr. I was super skeptical and thought it was just another scam targeting international students, but I was desperate after my third attempt waiting on hold with the IRS for 2+ hours. I tried the service and got connected to an IRS agent in 17 minutes - they weren't exaggerating. The agent confirmed exactly what documentation I needed for my F1 FICA tax refund and even gave me a reference number for my case. Just got confirmation that my refund is being processed, which is a huge relief after months of stress. Sometimes it's worth paying for a service that actually delivers, especially when thousands of dollars are at stake.

Another option is to contact the Taxpayer Advocate Service. They're an independent organization within the IRS that helps taxpayers resolve problems. I used them when I had a similar FICA refund issue last year and they helped me navigate the process. You can find your local office here: https://www.taxpayeradvocate.irs.gov/contact-us/ They're free to use and can be super helpful when dealing with complex tax situations like international student FICA refunds.

Does anyone know if you need to file for a FICA refund if you're filing your annual tax return anyway? Couldn't you just claim these excess deductions on your 1040NR?

I just went through this exact same situation as an F1 STEM OPT student! One thing I'd add to the great advice already given is to make sure you keep detailed records of everything. I created a spreadsheet tracking each pay period where FICA was incorrectly withheld, along with the specific amounts for Social Security and Medicare taxes. Also, don't let your employer off the hook completely. Even though they're being uncooperative about providing documentation, they are still required by law to correct their records and stop future withholding. You might want to escalate within HR or contact their payroll department directly - sometimes different departments are more helpful. One more tip: when you file Form 843, include a cover letter clearly explaining your situation. I wrote a simple one-page letter stating I was an F1 student on STEM OPT, exempt from FICA taxes, and that my employer had incorrectly withheld these taxes. I attached copies of my I-20, EAD card, and pay stubs showing the withholding. This seemed to help the IRS process my claim more efficiently. Good luck with your refund - $4,200 is definitely worth fighting for!