Originally Posted by justr8hr
Thnks a lot Sir!
But at the back of my mind there is this annoying nudge.
#1;These are fees needed so that you are allowed to work in the US and hired by a company. In most cases these fees should be shouldered by the company.
#2;What if the employee himself paid for everything so he could work and generate an income
#1; i guess i understand what ypu mean and it seems reasonable/logical;however,the fees are treated as non biz related nondeductible personal expenses. For example, one can't deduct his/her air fare paid to come to US to get a greencard to work in US as a US resident. if these fees should be shouldered by the company, then the the ER, company, may dedcut them on its return,NOT on the individuals' returns(UNLESS the ER, the company, reports them as wages for EEs).
#2;as said,some employees may be able to deduct certain work-related expenses;expenses that qualify for an itemized deduction generally include:Business travel away from home ;Business use of your car ;Business meals and entertainment or etc.
So in my opinion, UNLESS you clearly prove how USCIS Work and Immigration Fees are related to your work(and generate inocme and pay tax to IRS in US) to the IRS, you can't dedcut the fees on your return.
Note; itwould depend on the status of the taxpayer and the type of visa. Petitioning employer's legal fees in hiring an employee are likely to be a deductible expense; however employee's legal fees are likely to be a personal non-deductible expense. 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.
Please contact an attorney who is experienced in both tax and immigration matters to analyze your situation