Part-Time H-1b - Payroll Taxes / Health Benefits?

[olimits7a]

What is the name of your state (only U.S. law)? NJ

Hi,

If my foreign "part-time" employee gets approved for his H-1B, would I be responsible for withholding payroll taxes (fica) from his salary, and me being the employer, I would also have to pay the other half of these payroll taxes (fica) myself?

Would I have to offer him health benefits too as a "part-time" worker?

Thank you!

 

[LdiJ]

What is the name of your state (only U.S. law)? NJ

Hi,

If my foreign "part-time" employee gets approved for his H-1B, would I be responsible for withholding payroll taxes (fica) from his salary, and me being the employer, I would also have to pay the other half of these payroll taxes (fica) myself?

Yes, and yes absolutely. You would have to treat him as a regular employee.

Would I have to offer him health benefits too as a "part-time" worker?

Thank you!

I am not sure on that one. NJ laws on health insurance are a little different than most of the rest of the country, if I remember correctly. You will need to ask someone local about that.

 

[olimits7a]

Thanks for the quick reply!

Ok, I'll further research the NJ health benefits to see how this exactly applies to a "part-time" H1B employee.

Thank you!

 

[olimits7a]

I came across this link that seems helpful.

https://www.lexisnexis.com/legalnewsroom/labor-employment/b/labor-employment-top-blogs/archive/2014/01/28/must-my-company-in-new-jersey-offer-or-provide-health-insurance-to-its-employees.aspx