Can J-1 Visa Holders Receive Social Security or Medicare Benefits in the Future?

✅ J-1 visa holders are generally exempt from FICA taxes (Social Security & Medicare) for the first two years. However, many wonder if they can claim benefits later or get a refund if these taxes were deducted. Here’s what you need to know:

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Are J-1 Visa Holders Exempt from FICA Taxes?

• Yes! Under IRS Code 3121(b)(19), J-1 visa holders should not have Social Security & Medicare taxes withheld for the first two years of their stay.
• If your employer mistakenly deducted FICA taxes during this period, you are eligible for a refund.

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Can You Claim a FICA Refund After 10 Years?

⏳ No, there is a deadline.

• The IRS allows only 3 years, 3 months, and 15 days from the due date of the tax return to claim a FICA refund.
• If more than 10 years have passed, you likely cannot recover those taxes.

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How to Claim a Refund for FICA Taxes?

1️⃣ Ask Your Employer for a Refund

• The fastest way is to request a correction from your employer.

2️⃣ File IRS Forms If Your Employer Won’t Refund You

• Form 843 – Claim for Refund and Request for Abatement
• Form 8316 – Statement that Employer Won’t Refund
• W-2 Copies – Proof of FICA deductions

3️⃣ Submit Your Forms to the IRS

• Mail the forms to the IRS service center handling payroll taxes.

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Can You Receive Social Security or Medicare Benefits Later?

🚫 Only if you meet eligibility requirements.

• To qualify for Social Security benefits, you must earn 40 credits (about 10 years of work in the U.S.).
• The Philippines does NOT have a Totalization Agreement with the U.S., so your Philippine Social Security (SSS) contributions do not count toward U.S. benefits.

Bottom Line: If you were wrongly taxed, claim a FICA refund within 3 years. After 10 years, it’s too late to recover those taxes. If you switch to H-1B or permanent residency, you must pay FICA taxes and can claim Social Security benefits only after meeting the 10-year work requirement.

Were you wrongly taxed on FICA as a J-1 visa holder? Don’t wait—claim your refund before the deadline!

 

⚠️ Disclaimer:

This post is for informational purposes only and does not constitute legal or tax advice. Tax laws can be complex and vary by individual circumstances. Consult a qualified tax professional, CPA, or attorney to ensure compliance and receive personalized advice for your situation.

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