An NPC that hires nonresident aliens should be aware of special rules
pertaining to withholding of FICA. Nonresident aliens living in the
United States under one of three visa categories - Fl (student), JI (J1
exchange visitor), or MI (M1 vocational student) - are exempt from FICA
withholding taxes when the services they perform are the reason they
hold the visa. However, if they work in a job not related to their visa
(a part-time job to earn additional money, for example) their earnings
are usually subject to both FICA and FUTA.
A spouse or child who accompanies an F1, J1 or M1 visa holder is
issued an F2, J2 or M2 visa and is covered for Social Security purposes.
Such a spouse or child is subject to both FICA (including Medicare) and
FUTA withholding.
For additional details about withholding taxes for nonresident
aliens, consult IRS Publication 15, Circular E. Click
here for IRS publication and forms.