E2 Visum USA: Voraussetzungen & Leitfaden für deutsche Staatsbürger
Updated January 01, 2026 by Mark I Davies, Esq. | Reviewed by Richard Latta, Esq., Managing Attorney
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 quaifies, potentially indefinitely
- Adjust Status to a Green Card through EB1C, EB2, EB3 and EB5
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 10: Enter the US using an E-2 visa to gain E-2 status.
- Step 11: 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 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 |
|
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
