Starting a Business: How to Get a U.S. Visa From Germany

Starting a Business: How to Get a U.S. Visa From Germany

Are you a German national building a business that you want to expand to the U.S.? The United States has long been a land of opportunity, attracting individuals from around the world with its promise of prosperity and success. There are a few ways in which you can obtain an immigrant or non-immigrant visa from your business. The Treaty of Friendship, Commerce, and Navigation between the U.S. and Germany allows German entrepreneurs to open their business(es) in the U.S.. 

E-2 Investor Treaty 

The E-2 Treaty Investor Visa is a non-immigrant visa that allows German nationals to enter and work in the United States based on their substantial investment in a U.S. business. It is a visa category under the U.S. immigration system designed to promote international trade and commerce by encouraging foreign nationals to invest in and manage enterprises on American soil.

For those seeking to invest in and manage a business in the U.S., the E-2 Treaty Investor Visa offers a unique and appealing avenue to realize their American dream. Treaty investor (E2) visas are available for German nationals with which the United States has a treaty of commerce and navigation with their country.

The circumstances where an entrepreneur can get an E-2 visa are the following; Those who are in the process of investing a substantial amount of capital in the U.S., such as:

• buying an existing business
• making a substantial investment in an existing business
• buying a franchise
• starting a business from scratch

The specific investment amount required varies depending on the nature of the business and other factors. Generally, the investment should be sufficient to ensure the success of the enterprise. It is possible to use loans to pay for the investment so long as the loans are in the name of someone or a company with the same nationality as the primary investor, in this case they must be German.

An E-2 visa may be issued only to a principal applicant who is a German national. E-2 visas may not be issued to a principal applicant if he/she is a resident or national of a country without a treaty. 

Obtaining an E-2 Treaty Investor Visa involves several steps. The U.S. Consulate General in Frankfurt has particular idiosyncrasies and timelines. After making the initial investment and collecting documents to demonstrate ownership and control, the steps are as follows: 

• Once you have made the necessary investment, you can apply for the E-2 visa in the U.S. Consulate General in Frankfurt → submitting forms, supporting documents, and paying the required fees.

• After submitting your application, you may be required to attend an interview at the U.S. Consulate General in Frankfurt → explain your investment plans and intentions.

• If your application is approved, you will receive an E-2 visa stamp in your passport, allowing you to enter the United States → the visa is typically granted for a renewable period of up to five years.

Once in the United States, it is expected that your business continues to grow and support jobs. Your visa status is contingent on the ongoing viability and success of the enterprise.

Application/Document Check List

U.S. immigration proceedings are long and complicated. It is imperative that all the forms and documents you submit contain all relevant and correct information. Mistakes within forms or forgetting to submit a certain document can set back your immigration case or even result in a rejection. The following lists outline what you must include in your application package. 

All information listed below is correct at the time of this article’s publication, however, please use your own discretion and double check with the official USCIS website or review with your immigration attorney before submitting any applications. 

Cover Letter: You will have to write a cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-2 visa eligibility. It is important to show that; 

• A treaty of commerce and trade exist between Germany and the U.S.

• You, the principle applicant, is a German national

• Proof you have made an investment OR actively in the process of making these investments 

• Proof that the investment(s) are SUBSTANTIAL

• The enterprise/startup you are building is real and operating

• Enterprise/startup is more than a marginal one solely for earning a living

• You, the principal applicant, is in the position to operate, develop, and manage the startup/enterprise

• Include a statement that you intend to depart the United States when the E-2 status terminates

Forms to include in your application package: Please note this is the check list for the principal applicant who is the primary investor and/or owner of the startup/enterprise. 

• DS-160 online electronic visa application. You will submit the confirmation sheet with the application package. Make sure the contact information contains your email address.

• Include copies of payment receipts of the forms

• If applicable, please submit a letter of agreement between the treaty investor and their legal representative signed by both parties and include contact e-mail address and phone number.

Principal Applicant Information: 

• A color photocopy of the bio data page of the principal applicant’s German passport and similar copies of any U.S. visas (U.S. entry/exit stamps, and I-94’s, etc.)

• A copy of any changes or extensions of status granted by USCIS (Form I-797)

• Evidence of the applicant’s ongoing residency in Germany (including, as appropriate, a copy of the current lease or mortgage for the applicant’s primary residence in the treaty country; the applicant’s most recent pay stub)

• A resume or curriculum vitae of the principal applicant

• A copy of educational certificates, diplomas and/or transcripts

• A signed statement of intent to depart the U.S. upon termination of E-2 status

Ownership Information:

• Articles of Incorporation (for corporations), Articles of Organization (for LLC’s) or similar documents for the U.S.  business

• Share certificates and/or share ledger, operating agreement, membership interest certificates, or other documents confirming ownership

• Evidence of the nationality, such as copies of the passport bio-pages, of the owners of the ultimate parent company or organization

• If the U.S. based business is owned by a foreign corporation or organization, provide their relevant incorporation and ownership documents

• If you have a large company with several owners or subsidiaries or if the chain of ownership includes intermediary entities, please also submit the following:

• An organogram of the full ownership structure; and
• Legal evidence of instances of ownership within that chain

• If the ultimate parent company is sold on a stock exchange please also include:

• An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the stock exchange in the country of incorporation; and
• A copy of the most recent trading information on the stock

Information of Investment: The following is a check list of evidence and documentation you must provide to corroborate your substantial investment. 

• A detailed breakdown, or spreadsheet, of all funds invested into the U.S. venture; 

• Signed, dated, valid lease for business premises, and/or
• Signed agreements with vendors or independent contractors, and/or
• Receipts or invoicing for equipment, supplies, materials, inventory or services, and
• Bank records highlighting the corresponding payments for rent, services, equipment, inventory, etc.

• If you are buying an existing business, please provide the following that apply in your case: 

• A signed, dated, valid purchase agreement; and 
• If applicable, closing documentation, deed, bill of sale or other documentation confirming transfer of ownership of the business; or
• If applicable, a binding escrow agreement signed and dated by all parties that explicitly confirms how the funds will be distributed if the visa is issued and what happens if it is not issued.

• If you are purchasing a franchise, please provide:

• A signed and dated franchise agreement;
• A copy of your franchise disclosure document; and
• Evidence of payment of the franchise fee.

• Evidence of how the funds invested into the U.S. enterprise were acquired in the form of:

• Documentation of the original source of the funds (proof of inheritance or financial gift; net worth statement from a certificate professional accountant; loan documentation; investment agreements; closing documentation for sale of a property; annual income tax returns;
• Evidence that the funds have been moved to the United States; and
• If the funds have come from a foreign based parent or affiliate company, a copy of their latest financial statements.

Proving the corporation is real and operating: 

• Relevant local, state and/or federal licenses;

• Agreements, contacts, or similar documents;

• Evidence confirming any ongoing and future work (invoicing, purchase orders or agreements with clients);

• Marketing and promotional materials (business’s website, social media, etc.); and/or

• Other documents that will help confirm that the venture is real and active.

• If the business is an affiliate or subsidiary of a foreign company or group, please provide evidence that the foreign company or group is active.

• Financial statements;
• Annual report; and/or
• Other documents that confirm the foreign company is trading.

Proof of Marginality: You will have to provide evidence that the startup/enterprise you are building is more than a marginal enterprise. The following information is for startups, not already established companies. 

• A comprehensive business plan;

• A five-year profit and loss forecast for the business.  Also provide the assumptions on which the forecast is based; and

• A breakdown of start-up costs necessary for the business to become operational.

If the company is already established and running, please provide the following information: 

• U.S. federal tax returns filed for the business for the last three years. We will not accept state tax returns;

• Detailed profit and loss statements for the current and previous calendar years; and

• Form 941 Employer Quarterly Federal Tax Returns, W-3s, 1096s and/or payroll records for the last two tax years.  

Filing the E-2

The E-2 Treaty Investor visa is filed either through the U.S. Consulate General in Frankfurt (consular processing) or through U.S. Citizenship and Immigration Services (USCIS) if you are already lawfully in the U.S..

Outside the U.S. (Consular Processing): You must apply at the U.S. Consulate General in Frankfurt. 

Inside the U.S.: If you are lawfully present in the U.S., you may file Form I-129 with USCIS to change status to E-2. Note that this does not grant you a visa stamp for travel.

You are required to appear for an in-person interview with a consular officer. This interview will either be held in the U.S. with a USCIS officer, or in the U.S. Consulate General in Frankfurt with a consular officer. Copies of personal/identity, investment, and business documents should be brought to the interview with you. 

If your case is approved then your passport will typically be returned with the E-2 visa stamp within 5 to 7 business days. E-2 visas can be issued for up to 5 years (depending on reciprocity), allowing multiple entries. Upon each entry to the U.S., you are typically granted an automatic two-year period of stay. If you are moving with family then your spouse can work in the U.S. by filing Form I-765, or upon entry (if designated with E-2S code), and children can attend school. You must continue to direct and develop the business and maintain a “substantial” investment. The investment must remain “at risk”. You can extend your stay in two-year increments indefinitely, provided you maintain eligibility. With a valid visa stamp, you can leave and re-enter the U.S..

We Can Help You Today

At Blue Lake Law, we understand that the E-2 visa process is about more than paperwork, it’s about protecting your investment and your future in the United States.

From the moment you decide to pursue an E-2 visa, our team works closely with you to build the strongest possible case. We help you structure your investment to meet the “substantial” and “at risk” requirements, prepare a compelling business plan, and ensure every form and document is filed accurately and on time.

But our support doesn’t stop at approval. We guide you through status maintenance, help you understand your obligations as a visa holder, and handle your extensions so you can focus on growing your business, not navigating bureaucracy. We also assist spouses in filing Form I-765 to obtain work authorization, ensuring your whole family can settle into life in the U.S. with confidence.

Whether you’re applying for the first time, renewing, or facing a complication with your current status, Blue Lake Law is here to provide the precision and clarity your case deserves.