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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.
1 The fee is deductible for personal tax types as a miscellaneous itemized deduction. 2  However, only those miscellaneous expenses that exceed 2 percent of the adjusted gross income can be deducted. 3  For more information, refer to Publication 529, Miscellaneous Deductions.