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

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. 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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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