E-2 visum voor Duitse investeerders: vereisten en procedure
Germany has held E-2 treaty status with the United States since 1956, so German nationals can apply for the E-2 investor visa by putting a substantial amount of capital into a real, operating U.S. business. Germany consistently ranks among the top three treaty countries for E-2 issuances worldwide, and the process runs through the U.S. Embassy in Berlin or one of the U.S. Consulates in Frankfurt, Munich, or Düsseldorf rather than through USCIS alone.
This guide walks German investors through the treaty basis, the ownership and nationality rules, the investment standard, and the step-by-step consular process. If you are still deciding what type of business to invest in, see our guide on the best businesses for an E-2 visa.
Planning an E-2 investment from Germany? Atlas Legal helps German nationals structure the ownership, document the source of funds, and prepare a consulate-ready application. Maak een afspraak voor een consult with our team.
Belangrijkste opmerkingen
- Germany has been an E-2 treaty country since 1956 under the U.S.-Germany Treaty of Friendship, Commerce, and Navigation.
- At least 50% of the enterprise must be owned by German nationals (individually or in combination with other treaty-country nationals) for the business to qualify as German-owned.
- There is no fixed minimum investment; officers apply a proportionality test comparing your investment to the cost of establishing a similar business.
- German applicants typically apply at the U.S. Embassy Berlin or the Consulates General in Frankfurt, Munich, or Düsseldorf, not through USCIS from abroad.
- Funds must be your own, lawfully sourced, and irrevocably committed and at risk in the enterprise before approval.
- Germany ranks among the top treaty countries for E-2 visa issuances, reflecting a well-established consular process for German applicants.
Wat deze handleiding behandelt
- Is Germany an E-2 treaty country?
- Core E-2 requirements for German investors
- How much do German investors need to invest?
- Step-by-step process
- Documents German investors need
- The nationality and ownership rule
- Applying at a U.S. consulate in Germany
- Common mistakes to avoid
- Veelgestelde vragen
Is Germany an E-2 Treaty Country?
Yes. Germany has maintained E-2 treaty status with the United States since 1956, one of the longest-running treaty relationships in the E visa program. German nationals are eligible to apply as treaty investors as long as the business, ownership, and investment requirements are met, and Germany remains among the top E-2 treaty countries by visa issuances.
Core E-2 Requirements for German Investors
To qualify, a German national must invest a substantial amount of capital in a real, operating U.S. enterprise, own at least 50% of that enterprise (directly or through a qualifying structure), and intend to develop and direct the business, typically demonstrated by an executive, managerial, or essential-skills role. The enterprise must be more than marginal, meaning it must have the present or future capacity to generate more than a minimal living for the investor and their family.
How Much Do German Investors Need to Invest?
There is no published minimum dollar figure. Consular officers apply a proportionality test under 9 FAM 402.9, comparing the investment to the total cost of establishing or purchasing a similar business. A smaller service business may qualify with a lower investment than a manufacturing operation or a larger franchise, provided the amount is substantial relative to that specific enterprise.
Step-by-Step Process
| Step | What Happens | Typical Timing |
|---|---|---|
| 1. Structure the business | Form the U.S. entity, confirm at least 50% German (or treaty-national) ownership | Before filing |
| 2. Commit and document funds | Transfer and irrevocably commit investment capital; document lawful source | Before or at filing |
| 3. File Form DS-160 and DS-156E | Nonimmigrant visa application plus the treaty investor supplement | Online, before interview |
| 4. Schedule and attend the interview | At U.S. Embassy Berlin or Consulate General Frankfurt, Munich, or Düsseldorf | Wait times vary by post |
| 5. Visa issuance and travel | E-2 visa stamped in passport; admission at a U.S. port of entry | Validity set by the U.S.-Germany reciprocity schedule |
Documents German Investors Need
Prepare proof of German nationality (passport), evidence of the U.S. business structure and ownership percentage, a detailed business plan with financial projections, bank and transfer records showing the source and path of your investment funds, a lease or purchase agreement for the business premises, and evidence that funds are irrevocably committed, such as an escrow release tied to visa approval or business closing. Officers scrutinize the source-of-funds trail closely, so keep a clean paper trail from the German account of origin to the U.S. business account.
The Nationality and Ownership Rule
At least 50% of the enterprise must be owned by nationals of the treaty country, in this case Germany, or by a combination of German nationals and nationals of other E-2 treaty countries. If the business has multiple owners, each investor generally needs their own E-2 classification tied to their nationality and role, and non-treaty-country owners do not count toward the 50% threshold.
Applying at a U.S. Consulate in Germany
Most German investors apply at the U.S. Embassy in Berlin or the Consulates General in Frankfurt, Munich, or Düsseldorf, based on their place of residence. Each post sets its own interview wait times and scheduling system, so check the specific post’s current appointment availability before finalizing your business timeline. Consular officers in Germany review E-2 applications regularly, given the treaty’s long history, which generally means a well-prepared, complete filing moves efficiently.
Common Mistakes to Avoid
The most common issues include underdocumenting the source of funds, especially for funds moved between German and U.S. accounts, submitting a business plan that does not clearly show the enterprise will grow beyond a marginal operation, and failing to confirm the ownership percentage meets the 50% German-national threshold before filing. Address each of these before your interview rather than trying to explain gaps on the spot.
Veelgestelde vragen
Do I need to speak English to get an E-2 visa as a German investor?
There is no language requirement in the E-2 regulations themselves, though you should be able to communicate with U.S. consular officers, employees, and business contacts sufficiently to direct and develop the enterprise.
Can I bring my family on my E-2 visa as a German investor?
Yes. Your spouse and unmarried children under 21 may apply for E-2 dependent status. Spouses can apply for work authorization, while children may attend school but cannot work.
How long is an E-2 visa valid for German nationals?
Validity is set by the reciprocity schedule between the U.S. and Germany, which can differ from your period of admission. Check the current reciprocity table before applying, since it determines how long the visa itself remains valid for travel and renewal.
Can I buy an existing German-owned U.S. business instead of starting one?
Yes. Buying an operating business is a common path and can strengthen your case by providing existing financial records that help demonstrate the enterprise is not marginal, as long as you meet the ownership and investment requirements after the purchase.
Conclusie
Germany’s long-standing E-2 treaty relationship makes the process well understood on both sides, but approval still depends on clean documentation: verified German ownership of at least 50%, a lawfully sourced and irrevocably committed investment, and a business plan that shows real growth potential beyond a marginal operation.
Atlas Legal Immigration Law helps German investors structure their ownership, document their source of funds, and prepare for the consular interview. Reach our team at 1750 E Golf Rd Ste 214, Schaumburg, IL 60173, by phone at (+1) 872 382 2762, or by email at info@theatlaslegal.com. Learn more about the E-2 visa of schedule a consultation.
Reviewed by the Atlas Legal Immigration Law editorial team. Last reviewed on August 31, 2026.
Bronnen
- Amerikaans ministerie van Buitenlandse Zaken, Treaty Countries
- Amerikaans ministerie van Buitenlandse Zaken, 9 FAM 402.9, Treaty Traders, Investors, and Specialty Occupations (E Visas)
- Amerikaanse dienst voor burgerschap en immigratie, E-2 Treaty Investors
- U.S. Embassy and Consulates in Germany, Visa Services
Dit artikel is uitsluitend bedoeld voor algemene informatieve doeleinden en vormt geen juridisch advies. Immigratiewetten, overheidsheffingen, beleid en verwerkingstijden kunnen wijzigen. Het lezen van dit artikel of contact opnemen met Atlas Legal schept op zichzelf geen advocaat-cliëntrelatie. De uitkomst van een immigratiezaak hangt af van de specifieke feiten en omstandigheden.
