Whether you’re beginning your travels — or have already made the jump — there is a question that always brings confusion.
“Do I still need a tax advisor if I have an immigration lawyer?”
The short answer? Yes — absolutely.
Here’s why.
What Immigration Lawyers Actually Do
An immigration lawyer is a specialist in — you guess it — immigration law. They are essential to get you on your feet after you’ve made the decision to move to the U.S.
They can help with:
- Visa Applications (like E-2, L-1, H-1B)
- Green cards
- Legal business entry into the U.S.
- Compliance with U.S. immigration law
However, they don’t handle tax filings, IRS compliance, or business structuring for tax purposes.
What Tax Advisors Handle that Immigration Lawyers Don’t
While you’re immigration lawyer helps you get in the door, tax advisors help you keep it open.
Tax advisors specialize in:
- U.S. tax filings (Form 5472, 1120, 1040-NR, etc)
- Entity structuring (to minimize tax exposure)
- Reporting foreign income, FBAR, FATCA compliance
- Avoiding IRS penalties for missed filings
In fact, many immigration lawyers recommend clients speaking with a qualified U.S. tax advisor to ensure they are compliant with the IRS.
Where Things Can Go Wrong
Without a tax advisor, it is possible you could make real-world consequences such as a $25,000 penalty for a missing Form 5472. This could also cause issues if there are any mismatched business structures for tax savings. Double taxation can also bring major issues as there isn’t anyone spotting treaty benefits.
Whether you’ve formed a U.S. business, or plan to, and don’t have a tax advisor, you may be exposed to significant tax risk – even if you’ve done everything needed with immigration.
When to Get a Tax Advisor
You’re already on the right path – but when should you get a tax advisor?
- Before forming your U.S. business
- After getting your visa, but before operating
- At tax time — or ideally, year-round
Additionally, you should speak with a U.S. tax advisor if:
- You are planning to invoice U.S. clients
- You are on a visa and earning U.S.-sourced income
- You want to avoid IRS penalties or double taxation
Final Thoughts: You Need Both
Immigration lawyers help you enter the U.S. legally.
Tax advisors help you stay compliant and profitable once you do.
Now that you’ve got your immigration path sorted – lets make sure the tax side of your business is just as solid.
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