Are students on STEM OPT required to pay Social Security and Medicare taxes?

 No, students on STEM OPT are generally NOT required to pay Social Security and Medicare (FICA) taxes, as long as they are still considered nonresident aliens for tax purposes.


Here’s why:

  • F-1 students (including those on OPT and STEM OPT) are exempt from FICA taxes for the first 5 calendar years in the U.S.

  • This exemption applies regardless of whether you're on regular OPT or STEM OPT.

  • The IRS classifies F-1 students as nonresident aliens during these first 5 years, and nonresident aliens are exempt from FICA taxes under IRC Section 3121(b)(19).


Important Notes:

Situation FICA Taxes (Social Security & Medicare)
F-1 student on STEM OPT, within first 5 years Exempt
F-1 student on STEM OPT, after 5 years (becomes resident alien) Must pay
Employer mistakenly withholds FICA You can request a refund

What if FICA taxes were withheld on your STEM OPT wages?

  • You should first ask your employer for a refund.

  • If the employer can’t refund, you can file Form 843 and Form 8316 with the IRS to claim a refund.


Let me know if you want help with the refund process or understanding your tax residency status!

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