I am a recent graduate on OPT since July 2012. I got offered a job and HR requested me to complete a W9 form?

Asked over 1 year ago - Anaheim, CA

I came to US in January 2010 as an F1 MBA student. I graduated in May 2012 and my OPT started in July 2012. I got offered a 6+ month contract position job and HR requested me to complete a W9 form. (I already have a social security number I got when I was working on campus.) Is that the right form to complete or should I complete W8? Am I considered as other US person (US resident Alien) or not? What is the right hiring process?

Attorney answers (2)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You are definitely not considered as a US Resident Alien, since you are not in Green Card status.

    As for the other question, talk to hour school's DSO. They will know how to advise you on this.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . Talk to your foreign student adviser ... it looks like they are not going to treat you as an employee ... but as an independent contractor.

    This could be viewed as social security and payroll tax fraud ... get a referral from your foreign student adviser to an immigration attorney and a tax attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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