However，my shool insist on their determination.So does the employ have the right to withhold the tax even they violate the IRS rule?Thanks

I guess this is a legal issue;as unfortunate as the fact may be, there are more than just a handful of ER negligence cases out there dealing with crooked bosses who have been or are currently in violation of employer labor laws. Sadly, many of them end up getting away with their illegal business practices due to employee intimidation or simple naivety in the mind of the person being wronged when it comes to knowing his or her rights and how to make sure they are either followed or punished for the neglect of doing so.The Department of Labor's website has much information regarding Employer labor laws. If you believe you may be the victim of a crooked employer practicing illegal business, you may want to look into the Department of Labor website for your state and browse around to educate yourself on your rights as an EE. One of the most common matters the Department of Labor officials have to confront is a complaint regarding employer negligence in association with a paycheck withholding circumstance.So, I guess you may need some legal advice for your issue.

I saw on website, the school can only withhold FICA according their willing.However the employee have the right to ask for income tax exemption.Is it true?Thanks

I saw on website, the school can only withhold FICA according their willing.However the employee have the right to ask for income tax exemption.Is it true?”======No; taxes for J1 Visa holders depends on; Employment (Non Profit, Profit); Type of J1 Visa (Student, Researcher, Physician). As you can see, you are exempt from Social Security and Medicare Taxes ,FICA, Taxes for 2 years.You have to file form 1040NR or 1040NR-EZ and form 8843, to claim the exemption. Get the FICA tax refund refusal in writing. You can then submit Form 843 to get those taxes refunded.Note that Form 843 is submitted separate from your annual tax return.

As a fact, I am now treated as resident as i have been in USA previous over 2 years.However, it is still strange that my tax summary report is non-residency for tax purpose and i am also withhold the FICA tax. I am very confused. If i am treated as non-resident , I should have no FICA tax. This the final report that show i am non-resident.Thanks

“I am now treated as resident as i have been in USA previous over 2 years.However, it is still strange that my tax summary report is non-residency for tax purpose and i am also withhold the FICA tax. I am very confused.”========>As you can see, as a US resident for tax purposes, you need to pay tax(es) to the IRS/state on your US source and world wide income and you are also subject to FCIA Taxes. You need to file 1040/1040A or 1040EZ.

“If i am treated as non-resident , I should have no FICA tax. This the final report that show i am non-resident.”==========> what I meant is as said previously, you need to talk to the school. OR you may need some professional help from an immigrant lawyer or an expert, OK??