Investing in the Future: US E2 Visa for Germans

A more complete description of general qualifications for an E2 Visa can be found by following this link. This page is more focused on the process of obtaining an E2 Visa in Germany and of nuances encountered by our firm’s clients applying for an E-2 Visa from Germany.

• National of a treaty Country

You need to be the national of an E2 treaty country. 9 FAM 402.9-6(B). Our US business Visa lawyers in Cologne, Berlin and Bonn assist clients of many nationalities who are resident in Germany. We frequently assist Indian, Turkish and Russian clients resident in Germany. While Russia and India are not an E2 treaty country our citizenship lawyers assist many Russian and other clients to obtain an E Visa qualifying nationality.

• Have Invested or be in the Process of Investing a “Substantial Amount”

Invested or be actively in the process of investing a substantial amount. See 9 FAM 402.9-6(D). For information on what constitutes a “substantial investment of E Visa purposes follow this link.

• Real, Operating Business

The enterprise must be real, operating business or a business capable of immediately commencing operations. See 9 FAM 402.9-6(C).

• Step 1 - Select Your Professional Advisors

You need the right team who can assist you select, open and operated a business in the United States. Your immigration lawyer typically “quarterbacks” this team. This includes:

• A German tax advisor and US tax lawyer who can work with our firm’s US tax counsel to devise the optimal strategy for you.
• A US advisor who can assist you select a location for your US business. Our firm’s corporate lawyers in Cologne, Berlin and across the United States can assist you with this.
• You will need a US immigration lawyer with a presence in Germany who can effectively deal with the US consulate in Germany on your behalf.
• A US corporate lawyer who can help you structure and properly establish your US business.
• A US accountant who can file your US taxes each year.


• Step 2 - Identify a US Business

You need to select a business in the United States and make the required investment. Our firm commonly assists client conduct legal due diligence on businesses they are acquiring in the United States.

• Step 3 - Business Plan

You need to prepare a full and detailed business plan. The E2 Visa lawyers at our law firm worj with financial professionals to prepare immigration compliant business plans.

• Step 4 - Consular Processing or Change of Status

You need to decide whether to apply for consular processing or for Change of Status from withing the United States. Learn some of the considerations when choosing between these options.

• Step 5 - Form DS-160

If you are applying from the US consulate in Frankfurt you will need to complete a Nonimmigrant Visa Electronic Application (DS-160) form. Your lawyer should have an office in Germany who can assist you with this.

If you are applying for change of status in the United States we will assist you complete for I-129 to be filed with USCIS.

• Step 6 - Pay the Applicable Fee.

There are generally two fees payable in E Visa cases. These depend on the nationality of the applicant and can be found by following this link.

Our law firm will process this fee for you.

• Step 7 - Submit your Application Package

A detailed table with information on what to include in your E2 Visa application package in Germany is available by following this link.

• Step 8 - Schedule a Consular Appointment

You can schedule a consular interview at a time of your convenience at this web page. When visiting the webpage you will need to produce the following information:

• Your passport number
• Your Visa fee receipt number. If you cannot find the number then help is available here.
• A copy of your DS-160 confirmation page, including the bar code number encoded upon it.


• Step 9 - Preparation for Consular Interview

Clients typically visit our offices in Germany to receive a thorough preparation for the critical consular interview. We offer this service in Cologne and Berlin. Across Europe our offices in the United Kingdom and Italy and also able to offer this service.

• Step 10 - Consular Interview

Attend your interview at the U.S. Consulate in Frankfurt. It is possible that one of our lawyer MIGHT be allowed to join you at your interview, there is a small additional fee for this service.

What Should you Bring to your Consular Interview

• Possibly your lawyer (see above)
• your appointment letter;
• a printed copy of your DS-160 confirmation;
• one photograph taken within the last six months; and
• your current and all old passports.

If you do not bring the above documents to interview then your Visa will not be issued.

The US Consulate in Frankfurt provides detailed guidance on what needs to be included in an E2 Visa application package. Detailed Instructions are available by following this link.

Our E2 Visa lawyers have prepared a detailed analysis of the advantages and disadvantages of filing for change of status to E2 versus applying for a Visa.

E2 Visa application are filed at the consulate in Germany. The time taken to obtain an interview will depend on how busy the consulate is. The US State Department posts a list of Visa interview wait times at different consulates and can be found by following this link.

There are several costs when applying for an E-2 Visa. These include: