Announcement

Collapse
No announcement yet.

Student on F-1 Visa Michigan

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Student on F-1 Visa Michigan

    I work for an employment agency and we have a contract with a local university to assist them with temporary and temporary to hire positions. Sometimes they will refer people down here to work out there and be paid by us. They referred someone to us that is here on an F-1 Visa and I have a couple of questions since I'm not familiar with visas at all.

    Here is the background...This person worked in the custodial department at the university while he was attending school from 3/05-11/06 and was paid by the university. The supervisor from that department sent him down to our office to fill out an application so he could go back to work out there. Technically he is not working for the university, he is working for us because we pay him. He informed us that we should not be withholding FICA taxes from his check because of his status. As of right now, he is not currently a student at the university and doesn't plan to become a student again for about a year.

    I have two questions...1. Is he eligible to be working for us or is he only allowed to work through the university? 2. Should we be withholding FICA taxes from his paycheck?

  • #2
    See page 25 here:
    http://www.irs.gov/pub/irs-pdf/p515.pdf

    If that doesn't answer it, try contacting the IRS. I think the work must be related to the employee's field of study, when working for someone other than the educational institution.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Originally posted by Pattymd View Post
      See page 25 here:
      http://www.irs.gov/pub/irs-pdf/p515.pdf

      If that doesn't answer it, try contacting the IRS. I think the work must be related to the employee's field of study, when working for someone other than the educational institution.
      I agree with Patty. We had a student who was an intern, paid by us, working for one of our clients, but working in her field of study. I had to check the IRS regs to be sure, but it was legit -- no FICA to be withheld (but yes to state and federal income taxes, that is another story ).

      As I read it, working outside the field of study would not allow the exemption from FICA (and it would bring up questions of work eligibility, too! I would think).

      BTW, the University here has an office handling foreign students and they were helpful in pointing me in the right direction. You might try your student's educational institution before calling the IRS.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

      Comment


      • #4
        Thanks for the info. Do you know if the F-1 Visa allows employment outside the university or off-campus? I'm not sure about whether his employment would be considered on-campus or off-campus because technically he's not employed by the university even though he works there. If his employment would be considered off-campus, I thought I read someplace that you could only work off-campus if there was some kind of hardship or if it was in the field of study. Would there be some kind of documents that he should provide us with?

        Comment


        • #5
          In our case (also a staffing firm), the employee was working off campus, for a private employer, on our payroll (we provide temps to that employer).

          I do not remember what documents we needed for the I-9.

          I do know that we met requirements, though.

          PM me and I will look in the morning.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

          Comment


          • #6
            See here for details http://www.ice.gov/sevis/regs/8cfr214_2f.htm

            Section 9 pertaining to employment is about half way down the page.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment

            Working...
            X