What is an E-2 Visa?

Our firm offers experienced non-immigrant immigration lawyers and immigrant Visa immigration lawyers in and Berlin who are backed by US E-2 and US business lawyers across the United States. We are uniquely positioned to assist German E-2 Visa applicants and other nationals resident in Germany.

E2 Visa FAQs for Germany Residents and Nationals

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.

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
Education JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW)
Financial Training Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting
Legal Practice Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England and Wales | Former CMBS lawyer at one of the worlds largest international law firms
Immigration Track Record 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
Recognition Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018-2023)
Professional Engagements Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences

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