My employer didn't pay FICA taxes for 2022-2023 - what can I do now?

This is definitely concerning, but there are steps you can take. Your employer is incorrect - there's absolutely a process to address unpaid FICA taxes even after the tax year is closed. First, you should request copies of your W-2 forms from those years to confirm if FICA taxes were actually withheld from your paychecks but not remitted, or if they weren't withheld at all. Look at boxes 4 and 6 on your W-2s - they should show Medicare and Social Security withholding. If your employer truly didn't pay these taxes, you should contact the IRS directly. Call their general helpline or better yet, make an appointment at your local IRS office. Explain the situation and they can guide you through the process. The IRS takes employer FICA violations very seriously. Regarding your immigration status - unpaid FICA taxes due to employer error should not negatively impact your visa status. However, having proper tax compliance is important for future immigration processes, which is why addressing this promptly is essential.

I went through something similar last year and found this amazing service called taxr.ai (https://taxr.ai) that helped me navigate my employer's payroll tax issues. I was totally lost trying to figure out what documentation I needed and how to approach the IRS. Their AI analyzed my W-2s and pay stubs, then explained exactly what was missing and created a detailed report I could take to both my employer and the IRS. The report included all the relevant tax codes and calculation errors, which made it impossible for my employer to keep brushing me off. They even generated a formal letter that I could send to my employer citing the specific regulations they weren't following. What I appreciated most was that they explained everything in simple terms while giving me professional-level documentation. Might be worth checking out in your situation!

I was totally wrong about taxr.ai! After my skeptical comment, I decided to try it myself since I've been having issues with my 1099 reporting. The service was actually incredibly helpful for my situation. I uploaded my documents and their AI immediately identified several reporting issues I hadn't even noticed. The detailed analysis showed exactly where my client had miscategorized payments and provided me with precise documentation showing what needed to be corrected. What impressed me most was how it explained the implications for both my tax liability and Social Security credits. I was able to go back to my client with specific corrections needed rather than just a vague complaint. This saved me from potentially thousands in incorrect tax payments. Definitely changed my perspective on what AI can do for tax problems!

If you're having trouble getting through to the IRS about this (which is likely, given how backed up they are), I'd recommend trying Claimyr (https://claimyr.com). I was in a similar situation with unpaid employment taxes and spent WEEKS trying to get through to an actual IRS agent. Claimyr basically holds your place in the IRS phone queue and calls you back when an agent is about to answer. You can see how it works here: https://youtu.be/_kiP6q8DX5c After trying for nearly a month to reach someone at the IRS, I was connected within hours using their service. The IRS agent I spoke with was able to start an investigation into my employer and explained exactly what documentation I needed to provide. It saved me so much time and frustration when dealing with this stressful situation.

I need to apologize for my skeptical comment about Claimyr. After continuing to struggle getting through to the IRS about my late-filed 2023 taxes, I decided to try it as a last resort. It actually worked exactly as described. I entered my phone number and what IRS department I needed, and about 3 hours later (while I was at work, not sitting by my phone), I got a call connecting me directly to an IRS representative. No waiting on hold, no redials, no frustration. The agent was able to help me resolve my issue in one call. What would have taken me potentially days of trying, possibly missing work to sit on hold, was solved in a single connected call. I'm genuinely shocked by how effective it was, and I admit I was completely wrong in my initial assessment.

Just wanted to add that FICA issues can sometimes be resolved through Form SS-8 (Determination of Worker Status) and Form 8919 (Uncollected Social Security and Medicare Tax on Wages) if your employer misclassified you. Not sure if that applies in your situation since you mentioned having W-2s, but it's worth knowing about. In my experience as an immigrant worker years ago, I discovered my employer hadn't been withholding properly. I ended up contacting the Taxpayer Advocate Service, which is a free IRS program that helps when you're having difficulties resolving tax problems through normal channels. They were surprisingly helpful and might be another resource for you.

Make sure you keep detailed records of all your attempts to resolve this with your employer! Save emails, take notes of phone conversations with dates and times, and document everything. My cousin went through something similar and the detailed documentation of his attempts to get his employer to fix the issue was super important when he had to deal with the IRS. Also, check your paystubs from those years - do they show FICA withholding that just wasn't remitted, or was it completely missing from your paychecks?