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Generally, legal fees and immigration fees in connection with the adjustment of status (green card) are personal expenses and are not tax-deductible. A probable exception would be an E-1/E-2 or EB-5 visa, where costs of obtaining visa could be expensed to the business entity.
Employees must, however, deduct legal expenses as miscellaneous itemized deductions, which limits deducting only the amount over 2% of their adjusted gross income (AGI). Taxpayers subject to the alternative minimum tax (AMT) are not permitted to claim miscellaneous itemized deductions, including legal fees.