If I’m an H1B Worker, Can I Get Social Security Disability?

If you become injured or ill with an H1B visa status, you may have to stop working. This can affect your ability to stay in the United States. Before you make plans to return to your home country, however, you may be wondering, can H1B get social security benefits?

This question is relevant because as you probably know, H1B employees are entitled to the same benefits as their coworkers who happen to be U.S. citizens. Also, most non-citizens who work in the United States are required to pay Social Security taxes.

Reader question: “If I’m here on a H1B visa, can I get Social Security disability benefits?”

Answer: Likely not. Most H1B workers have three-year work contracts through U.S. employers, and you need at least 10 years of paying Social Security payroll taxes to qualify for SSDI.

Can H1B Visa Holders Get Social Security Benefits?: Key Takeaways

• H-1B visa holders usually do not qualify for SSDI benefits because the typical three to six-year work period doesn’t meet the 10-year requirement.
• H-1B workers must pay Social Security taxes at the same rate as U.S. citizens, contributing 6.2% of their income, even if they often do not receive benefits.
• H-1B visa holders can qualify for Social Security retirement benefits if they accumulate 40 work credits or benefit from “totalization agreements” with other countries.
• Leaving the U.S. affects Social Security benefits. H-1B visa holders generally lose benefits after six months abroad unless they return and reestablish their status.
• “Totalization agreements” can maintain benefit continuity for H1B visa holders residing outside the U.S., allowing them to continue receiving payments.
• Legal help is available for SSDI claims. H-1B visa holders can consult Social Security attorneys to explore their eligibility for disability benefits.

How Long Have You Worked in the U.S. on Your H1B Visa?

The issue of whether you can collect Social Security Disability Insurance (SSDI) payments is a tricky one. As you know, your H-1B visa is a nonimmigrant classification that applies to people like you who have come to the United States from another country to perform professional services in a specialty occupation – or to those who can offer services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project.

In order to qualify for this visa, you had to be sponsored by a U.S. employer. Those who are in the U.S. on an H-1B visa may be admitted for a period of up to three years and generally cannot stay in the country beyond a total of six years. This is, in fact, the crux of the SSDI payment issue. Three to six years is likely not long enough of a work history to qualify for this particular federal benefits program. However, if your employer extends your contract enough so you meet the required history, it’s possible. But again, you generally have to leave the U.S. if you aren’t working.

How Much Do H1B Visa Holders Pay in Social Security Taxes?

The average salary of an H1B visa holder in the U.S. is $118,100. They pay an average $28,344 per year in taxes. Of that, H1B visa holders pay 6.2% of their annual income toward Social Security benefits, amounting to $7,322 per year. Generally, these are benefits that H1B visa holders do not ever get back, including Social Security Disability Insurance and Medicare benefits.

If an H-1B via holder is laid off, fired, quits, or otherwise ceases employment with their employer, they may have up to 60 consecutive days or until the end of their authorized validity period to find new employment, change status, or depart the country. Those on an H-1B visa are generally required to pay Social Security and Medicare taxes.

Related: Can H1B Visa Employees Qualify for Workers’ Comp?

Social Security Retirement Benefits May Still Be Available to Some H1B Workers

Non-citizens can claim Social Security benefits… but like U.S. citizens, those without citizenship need to have earned at least forty work credits to do so. Forty credits usually takes at least ten years of work to accrue.

Fortunately, the United States and many other countries have established “totalization agreements” that coordinate the U.S. Social Security program with the comparable programs of other countries. Here is a list of countries with which the United States has agreements of this nature:

• Australia
• Austria
• Belgium
• Brazil
• Canada
• Chile
• Czech Republic
• Denmark
• Finland
• France
• Germany
• Greece
• Hungary
• Iceland
• Ireland
• Italy
• Japan
• Luxembourg
• Netherlands
• Norway
• Poland
• Portugal
• Slovak Republic
• Slovenia
• Spain
• South Korea
• Sweden
• Switzerland
• United Kingdom
• Uruguay

These agreements ensure only one country taxes one worker for Social Security, but not both. They also see that workers who have paid into Social Security programs in two countries are not left without benefits when they retire. In some cases therefore, the Social Security Administration does pay retirement benefits to those who do not live in the United States.

What Happens to My Social Security Benefits if I Return to My Country of Origin?

If you are a noncitizen on an H1B visa and you go back to your home country and are out of the US for more than 6 consecutive months, your Social Security benefits will generally stop. To start again, you need to come back to the US and stay for a full calendar month. That means you need to be physically in the US for the entire month, from the first day to the last day of that month. You might also need to prove you were lawfully present in the US during that period.

Social Security payments for H1B visa holders also depends on whether your home country has a Social Security agreement with the US. These agreements can allow payments to continue or modify the rules of payment. If your home country has such an agreement, you may continue to receive your payments uninterrupted. Check the agreement between the US and your home country to see how your benefits will be affected.

Can H1B Visa Holders Receive Social Security Disability Insurance?

Yes, H1B visa holders can receive Social Security Disability Insurance (SSDI) if they meet certain conditions. They need to have earned enough work credits in the U.S. and meet the SSA’s definition of disability, which requires having a medical condition that significantly limits their ability to work and is expected to last at least a year or result in death.

Since H1B visa holders must maintain employment to stay in the U.S., they need to keep a job while disabled to maintain their visa status. However, they must also be unable to perform Substantial Gainful Activity (SGA), meaning they must earn less than $1,550 monthly, as of 2024. If eligible, they can apply for SSDI through the Social Security Administration and must be present in the U.S. for at least 30 consecutive days to continue receiving benefits.

Expert SSDI Claim Assistance is Available    

To speak with a Social Security attorney in your state who is familiar with H-1B visas, please click the button below now. It costs you nothing to speak with an expert about an injury or illness you suffered while in the United States on a work visa.

You deserve to find out if your Social Security disability claim has merit. If it does, an attorney charges you nothing in legal fees until after the SSA awards you benefits. And if you win, then you’ll only pay a small, one-time fee.

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