E2 Visum USA: Voraussetzungen & Leitfaden für deutsche Staatsbürger
Executive Summary: E-2 Visa Framework at the U.S. Consulate Frankfurt
Zusammenfassung: Das E-2 Visum-Verfahren für Investoren aus Deutschland
This guide summarizes the E-2 framework for German applicants under 8 CFR § 214.2(e) and 9 FAM 402.9.
An E-2 Visa allows a German National to invest in and direct the operations of a US business. All E-2 applications filed in Germany are processed in the US consulate in Frankfurt.
- Substantial Investment In US Business: Successful E-2 filings for service and light operating businesses in Frankfurt often fall between $100,000 and $300,000+, depending on the business.
- Proportionality Test: Capitalization expectations are higher for lower-cost startups. In Frankfurt the required capitalization for small businesses often approaches full funding, consistent with the proportionality framework described in 9 FAM 402.9.
- Irrevocable Commitment (At Risk): Funds must be committed so they are subject to potential loss. However, funds can also be escrowed for future expenses, meaning that funds can be returned in the event that an E-2 visa application is denied. The FAM recognizes escrow structuring in appropriate E-2 contexts.
- Non-Marginality: A credible hiring plan is critical. Viable plans typically show multiple U.S. hires over the first five years, scaled to the industry.
Who is this E-2 Visa Guide For?
This Guide is a supplement to our main E-2 visa guide for:
- German E2 Investors
- German E2 Specialist Workers
- Entrepreneurs applying for an E2 visa from Germany
- Spouses and dependents of E-2 visa holders
E-2 Visa by the Numbers | E-2 Visum in Zahlen (2026 Edition)
Demand for E-2 visas among German nationals remains high, and Frankfurt adjudicators expect a well-organized, evidence-forward filing.
Firm Track Record: Our firm has never had an E-2 visa for a German national refused or declined.
Global E-2 Issuance: In FY2024, the U.S. Department of State reports 55,324 E2 visas issued worldwide (including spouses and children). Germany E Category Volume (context): In FY2024, the Department of State reports 5,939 E category visas issued to German nationals (this “E” column is an aggregate category in the DoS table and is not limited to E-2 only).
E Visa Application Fee: The MRV fee for the E category is $315 per applicant. Source: travel.state.gov
Reciprocity Terms for Germany: For German nationals, the reciprocity schedule lists E-2 as Multiple entries, 60 months validity, and no reciprocity fee. Source: travel.state.gov
Strategic Comparison: E-2 Investor vs. E-1 Treaty Trader vs. EB-5
Visa-Vergleich: E-2 Visum vs. E-1 Treaty Trader für den deutschen Mittelstand
German Mittelstand companies with meaningful U.S. trade volumes often evaluate the E-1 Treaty Trader as an alternative to the E-2.
| Feature |
E-2 (Treaty Investor) |
E-1 (Treaty Trader) |
EB-5 (Green Card) |
| Primary requirement |
Substantial investment |
Substantial trade volume |
Statutory investment threshold |
| Typical capital profile |
Often $100k+ in practice |
Trade driven |
$800,000+ (if eligible) |
| Tax considerations |
U.S. DE treaty planning often matters |
U.S. DE treaty planning often matters |
Global planning often matters |
| Processing time: |
Depends on the consular post |
Depends on the consular post |
Often many months |
E-2 Visa Types: Principal Investors and Specialist Workers
E2 Visum für Investoren und spezialisierte Fachkräfte aus Deutschland
There are two kinds of E2 Treaty Investor visas available for Germans:
- E2 Visa for Principal Treaty Investor: Grants a qualified investor the ability to direct and control a business in the United States.
- E2 Visa for Specialist Workers: Allows a qualified specialist worker to work in a qualified E2 business in the United States. The specialized worker must have the same nationality as the owner of the US business.
Benefits of an E2 Visa for German Nationals
- Ability to legally work in the United States
- No minimum investment required
- Spouse can obtain a dependent E2 Visa and EAD authorization
- Travel freely in and out of the US
- Possible to be a non-resident for taxation purposes, depending on days spent in US
- Able to remain in the US as long as the E2 business qualifies, potentially indefinitely
- Adjust Status to a Green Card through EB1C, EB2, EB3 and EB5
What Has to be Included in an E-2 Visa Application Package Filed in Germany?
The US consulates in Germany provide very precise guidance for the E2 visa applications. Applications that do not meet these strict guidelines may not be considered by the consulate. The Foreign Affairs Manual (FAM) also offers guidance in the materials to be included in the application.
9 FAM 402.9-11.
Immigration attorneys familiar with E2 processing in Germany can be extremely beneficial. The exact documentation required by the consulate can differ based on individual cases and changes over time.
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Tab 1a: Identification & Administrative Requirements
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Tab 1b: Formal Applications & Legal Representation
Fill out Form DS-156E on behalf of the principal applicant. If you are represented by an attorney, attach Form G-28. Have the applicant or company representative sign both forms.
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Tab 1c: The Legal Cover Letter (Consular Brief)
The Foreign Affairs Manual ("FAM") and the US consulate in Frankfurt require the E-2 visa application to demonstrate:
- The US business is either operational or immediately capable of beginning operations, 9 FAM 402.9-6(C);
- That the investment is substantial, 9 FAM 402.9-6(D);
- The investment does more than allow the investor to support their family. It provides real value to the US economy 9 FAM 402.9-6(E);
- The investor has already made a qualifying investment or is in the process of doing so 9 FAM 402.9-6(B);
- The role to be filled by the applicant requires executive/supervisory skills 9 FAM 402.9-7(A)
- A statement of the E2 visa applicant intent to depart U.S. when their E status ends. Note: an E2 visa holder can later change their mind, transitioning to a Green Card is an option.
- If the US business has previously been qualified for an E2 visa then this needs to be disclosed.
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Tab 2a: Business Plan & Financial Projections
- Business Plan. A five year business plan is required detailing projected profit and loss. For existing businesses two years of tax returns are required.
- A profit and loss statement for the current year. The goal is to evidence that the US E2 business will be profitable within five (5) years.
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Tab 2b: Nationality of the Enterprise
- Evidence that the US E2 business is owned 50% or more by German Nationals. Qualifying German Nationals cannot be US Permanent Residents. INA 101(a)(15)(E).
- Companies traded on a stock market located in Germany are generally deemed to be of German ownership for E2 purposes. Evidence of the the listing needs to be included.
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Tab 2c: Status History & Real Enterprise Test
The company should provide details of their original E visa status. This includes the date and place they were approved. Applicants should include a statement in their application. This statement should affirm their commitment to leave the United States when their E status expires.
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Demonstrate the applicant has invested or is in the process of investing 9 FAM 402.9-6(D). The applicant must demonstrate that the enterprise is a real and operating commercial enterprise, and not a passive investment.
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Tab 3a: Evidence of Substantial Investment
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Documentation evidencing that the E2 investment is "substantial" 9 FAM 402.9-6(D)
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Tab 3b: Non-Marginality & Economic Impact
Evidence that the business will do more than support the applicant and their family. 9 FAM 402.9-6(E)
A business does not qualify for E2 purposes if it only produces enough income to support the applicant and their family.
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Tab 4: Individual Qualifications & Personnel
- The applicants resume.
- Evidence that any essential employee has skills that are urgently needed by the business. US consular staff find an explanation of why a US Citizen or Green Card Holder cannot take the role helpful.
- Organizational chart explaining the reporting structure at the US business.
The E-2 Visa Roadmap: From Preparation to Frankfurt Interview | Schritt für Schritt zum E-2 Visumverfahren in Deutschland
This infographic-style breakdown follows the disciplined sequencing required by the U.S. Consulate in Frankfurt.
Phase 1: Foundation & Legal Setup
- Step 1: Advisor Selection – Assemble a specialized team including immigration counsel and U.S.-German tax advisors.
- Step 2: U.S. Entity Formation: – Formally incorporate your business and open necessary U.S. bank accounts.
- Step 3: Investment Execution – Commit funds to the business (at risk); note that escrow is a compliant structure in certain scenarios.
Phase 2: Documentation & Filing
- Step 4: Business Plan Drafting: – Create a comprehensive 5-year plan that demonstrates the business is real and non-marginal.
- Step 5: Form DS-160 Submission – Complete the online visa application and upload a digital photograph.
- Step 6: Fee Payment – Pay the $315 MRV fee per applicant (principal and dependents).
- Step 7: Submit Application Package – File the digital application folder in the specific format required by the Frankfurt post.
Phase 3: The Consular Stage
- Step 8: Interview Preparation: – Prepare for officer questioning to ensure consistency with your written record.
- Step 9: Schedule Consular Appointment: – Once the Frankfurt post confirms your application is ready, book the formal interview.
- Step 10: Attend Consular Interview – Finalize the process at the U.S. Consulate in Frankfurt to receive your visa.
Phase 4: Entry to the US and Renewing Your Visa
- Step 11: Enter the US using an E-2 visa to gain E-2 status.
- Step 12: E-2 Visa Renewal
| Requirement |
Detail for German Applicants |
| Typical Investment |
Often $100,000 to $300,000+ for service/light operations. |
| Visa Validity |
60 months (5 years) with multiple entries. |
| Reciprocity Fee |
$0 (None for German nationals). |
| U.S. Hiring |
Plans should show multiple U.S. hires over the first five years. |
E2 Visa Substantial Investment: Requirements for German Investors
E2 Visum – Angemessene Investition: Anforderungen für deutsche Investoren
One of the most frequent questions we receive in Berlin and Munich is: "How much do I actually need to invest for the E2 visa?" While the U.S. government does not set a fixed minimum dollar amount, the U.S. Consulate in Frankfurt applies a "proportionality test" to determine if your investment is substantial. For German applicants, understanding this standard is key to a successful 2025 application.
The Proportionality Test: How "Substantial" is Defined
The "substantiality" of your investment is measured by comparing the amount of capital invested against the total cost of either creating a new business or purchasing an existing one.
- Low-cost businesses (e.g., service/consulting): You are generally expected to invest a higher percentage (often 90–100%) of the startup costs.
- High-cost businesses (e.g., manufacturing/logistics): A lower percentage (60–75%) may be considered substantial if the absolute dollar amount is high.
Typical Investment Benchmarks in Frankfurt (2025)
| Business Type |
Recommended Investment |
Proportionality Expectation |
| Service & Consulting |
$100,000 – $150,000 |
90% + of initial setup |
| IT & Tech Startups |
$120,000 – $200,000 |
Includes IP and specialized equipment |
| Retail & Restaurants |
$150,000 – $300,000+ |
Must cover inventory and leasehold improvements |
| Franchise Operations |
$150,000 – $250,000 |
Must include full payment of the Franchise Fee |
E-2 Spouse (E2S) Work Authorization & Entry Requirements
Arbeitserlaubnis für Ehepartner: Das E2S-Visum und die I-94 Notation
E spouses are generally treated as employment authorized incident to status if admitted in the appropriate spouse classification, and employers commonly verify work authorization via the I-94 admission notation.
EAD Not Required but Advised for Spouses of German E-2 Visa Holders
USCIS has confirmed that certain E dependent spouses are employment authorized incident to their valid E nonimmigrant status and therefore do not require a separate EAD. However, E 2S visa holders have still faced practical challenges obtaining employment when employers are unfamiliar with the I-94 spousal designation framework. Therefore, applying for an EAD may still be the best option.
The Importance of Checking the E2S Code
When entering the U.S., the electronic Form I-94 should reflect the spouse classification used for incident to status work authorization. Upon entry to the US you should obtain a copy of your I-94 and ensure it correctly states “E2S”.
What does an E2 Visa cost for a German national?
E2 Visum Kosten: Gebühren und Budgetplanung für deutsche Antragsteller
There are several Kosten (fees / “Gebühren”) involved in an E 2 visa application. Some are fixed government charges, while others depend on the complexity of your case and the professionals you engage.
| Cost |
Paid to |
Typical amount |
Notes |
| Nonimmigrant visa application fee (MRV) |
U.S. Department of State |
USD 315 |
Per applicant (principal and each dependent). Travel.state |
| Visa issuance fee (reciprocity fee) |
U.S. Department of State |
None for Germany (E 2) |
Germany’s reciprocity schedule lists Fee: None. Travel.state |
| Business plan |
Specialist Drafter |
USD 2,000 to USD 3,000 |
Varies with depth and financial modeling. |
| E 2 immigration lawyer |
Immigration lawyer |
USD 5,000 to USD 20,000 |
Range depends on case facts and dependents. |
| Corporate lawyer |
Corporate lawyer |
Varies |
Entity setup, contracts, lease review. |
| State filing fees |
U.S. state |
USD 200 - USD 500 |
Depends on state and entity type. |
Gesamtkosten (overall budget): For a straightforward case, budgeting ungefähr (approximately) USD 12,000 to USD 16,000 for professional and government fees is reasonable, though totals vary. The largest component remains the business investment itself. Hinweis (note): The largest financial component is often the business investment itself, which is separate from the fees above and depends on your specific business plan and transaction.
Frequently Asked Questions | FAQ
Does Frankfurt only issue two-year visas?
No. For Germany, the reciprocity schedule lists E-2 as multiple entries with 60 months (5 years) validity. Source: travel.state.gov
What are the government costs for German E-2 applicants?
The MRV fee is $315 per applicant, and Germany has no reciprocity fee for the E-2 category. Sources: travel.state.gov Fees and travel.state.gov Reciprocity
Can I use an escrow account?
Escrow can be a compliant structure in appropriate E-2 scenarios when it reflects an irrevocable commitment conditioned only on visa issuance. Source: 9 FAM 402.9
How to find an American lawyer in Germany who can help me get an E2 Visa?
Through Bridgehouse Law, Davies & Associates have non-immigrant Visa lawyers in Cologne, Bonn and Berlin who are able to provide guidance. Our team in Germany are backed-up by our team of E2 Visa lawyers in the United States.
Is it difficult to get an E2 Visa while you are in the US?
It is not possible to obtain an E2 Visa from within the United States. However, it is very straightforward to change status from another non-immigrant Visa status to E-2 status while remaining in the country. Our E-2 Visa lawyers in New York, Charlotte, Miami, Los Angeles and San Francisco are able to assist with this process.
How much money is required to obtain an E2 Visa in the USA?
There is no specific minimum dollar amount, but the investment must be "substantial" relative to the business type. Generally, investments starting around USD 60,000 to 100,000 are common. There are several costs and fees associated with the filing, including legal fees, business plan drafting, and government filing fees.
How hard is it to get an E2 Visa?
The approval rates on E2 Visas are extremely high and typically over 80% each year, making it one of the most accessible U.S. visas for treaty country nationals.
Is the E2 investors Visa at risk?
The E2 Visa has been around for many decades, with the first E2 treaty coming into existence in the 1800s through the Treaty of Ghent. There is nothing to suggest that the E2 investor Visa is "at risk."
How difficult is it to get an E2 Visa as an essential employee?
As long as the employee meets the US government requirements, it is not difficult to obtain an E2 employee Visa. The US government may, however, expect these employees to eventually be replaced by local employees in the United States; this is where an experienced E2 Visa lawyer can assist.
Is E2 Visa suitable for entrepreneurs?
An E2 Visa is the perfect Visa for an entrepreneur from an E2 Visa country like Germany.
Is the 50%+ rule a strict requirement for the E2 Visa?
Yes and No. What really counts is "control." While this is typically demonstrated through ownership of at least 50% of a business, our business Visa lawyers use other legal techniques to document "control" of an E2 business where ownership might be split differently.
Is it hard to get an American E2 Visa?
The US E2 Visa is statistically one of the easiest Visas to obtain compared to other work or immigrant visas.
What is the lowest cost business you can start on an E2 Visa?
The lowest investment one of our firms has used for E2 purposes is about USD 60,000. It is important to remember that "investment" does not have to mean cash; other value such as inventory and Intellectual Property (IP) can be included.
What is “investment at risk” in an E2 Visa?
There are two types of investment risks with an E2 Visa:
| Risk Type |
Description |
Solution |
| Avoidable |
Risk that you invest in a US business but your Visa is refused. |
Use of an escrow account conditioned on E2 Visa approval enables the refund of your funds. |
| Unavoidable |
Risk of business failure. |
None. This is the inherent risk of owning any business anywhere. |
Do franchises qualify for the E2 Visa?
Yes, franchises can qualify for the E2 Visa. You will need a franchise lawyer to review the franchise agreement to ensure it meets U.S. immigration standards.
Can E2 Visa self-employ by driving UBER?
An Uber business employing only one driver is extremely unlikely to qualify for an E-2 Visa. However, the owner of a business that employed multiple Uber drivers and invested "substantial" capital in vehicles might possibly qualify.
How to have a business partner join me on an E2 Visa for the US?
There are several ways to enable a business partner to join you, typically by structuring the business ownership so they qualify as either a co-investor or an essential employee.
While on a TN Visa in the US, can I apply for an E-1/E-2 Visa?
Yes, you can apply for a change of status to E-1 or E-2 while in the U.S. on a TN Visa.
What is the real price of the E2 Visa from Germany to USA?
Total Visa costs (including immigration lawyer, corporate fees, Visa application fees, State incorporation fees, etc.) typically range from USD 15,000 to USD 30,000 depending on the business complexity, plus the cost of the business you will set up or acquire in the United States.
How can I Read More FAQs?
For further FAQ, please read our German E2 FAQ page.
About the Authors
Mark I Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.
| Area |
Details |
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Education
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JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW) |
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Financial Training
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Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting |
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Legal Practice
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Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England & Wales | Former CMBS lawyer at one of the world’s largest international law firms |
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Immigration Track Record
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15+ years advising HNW investors |
Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful EB-5 cases globally
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Recognition
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Named a
Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023)
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Professional Engagements
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Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences |
Richard Latta, Esq.
Managing Attorney overseeing complex consular filings in Frankfurt.
Davies & Associates: Top E-2 Visa Lawyers in Germany
Davies & Associates: Fachanwälte für das E2 Visum in Deutschland
Unser Team ist auf die strategische Planung und Einreichung von E-2 Visumanträgen für deutsche Staatsbürger spezialisiert. Mit einer ungeschlagenen Erfolgsbilanz bei Anträgen für deutsche Staatsangehörige bieten wir tiefgehende Expertise für das Verfahren im US-Konsulat in Frankfurt.
US-Einwanderungsrecht Berlin: Fachanwälte für das E2 Visum
As the capital, Berlin is often a primary point for initial strategic consulting and high-level corporate planning.
Davies & Associates Frankfurt: Experten für das E2-Verfahren am US-Konsulat
Since Frankfurt is where the actual visa adjudication happens, the titles here must signal consular-specific expertise.
E2 Visum Beratung München: Spezialisten für deutsche Investoren
Munich is a hub for German entrepreneurs and "Mittelstand" companies. Titles here should lean into the business investment aspect.
Practical Examples: E-2 Visa Success Stories 2026
Praxisbeispiele: E2 Visum Erfolgsgeschichten 2026
► E-2 for Footwear / Fashion
► E-2 Visa for Leading Fashion Designer
► Fallbeispiel: $150.000 Investment für IT-Consulting in Frankfurt
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