E-2 Investor Visa

An E-2 visa is a temporary nonimmigrant visa for the United States that requires the applicant to either invest in an existing business in the United States or start a new business. To qualify for an E-2 visa, the applicant must be a citizen of a country with which the U.S. has an active trade treaty.

Germany has an active trade agreement with the U.S., therefore German citizens qualify for E-2 visa applications.

E-2 visas are available to the principal investor and all officers, directors or essential workers of the company in which the investment is made. The following requirements apply:

• The respective company in the USA must be majority-owned by non-US citizens.
• The respective company in the USA can also be a subsidiary of a foreign parent company. In this case, the parent company must be based abroad and also be majority-owned by non-US citizens.

The investors and employees of the company in the US must have the same citizenship as the majority owners of the company in order to apply for an E-2 visa. This means, for example, that a German citizen investing in a U.S. subsidiary of a French parent company would not qualify for an E-2 with that investment. However, a German citizen who buys a company in the USA would fulfill this condition and could apply for an E-2 visa.

Currently, citizens of the following countries can apply for E-2 visas:

Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Colombia, Congo, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Finland, France, Georgia, Germany, Grenada, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kosovo, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Senegal, Serbia, Singapore, Slovak Republic, Slovenia, Spain, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom and Yugoslavia.

For the latest information, see the U.S. Department of State's list of current treaty countries.

Most E-2 visa applicants apply for their visa directly at their local US consulate. In Germany, the US Consulate in Frankfurt is responsible for processing all E-2 visa applications.

If you are already in the U.S. and are applying for your E-2 visa as a change of status, you can file your application directly with USCIS.

However, it is only possible to obtain the E-2 visa stamp - the travel document you need to enter the U.S. in E-2 status - at a U.S. consulate. Therefore, even if you apply for a change of E-2 status with the USCIS because you are currently in the U.S., you would have to travel to a consulate abroad for an E-2 interview to obtain the visa stamp in your passport.

If you apply for your E-2 visa at a US consulate, applications are usually processed within 2 months. In Germany, E-2 visas are currently processed within 2-3 months of application. In Switzerland and Austria, it is much faster. In Bern, E-2 applications are processed in about 4-8 weeks, in Austria in about 2 weeks (as of September 2024).

If you are applying for your E-2 visa with USCIS as a Change of Status, these applications take approximately 6 months to process (as of September 2024). For current USCIS processing times, please visit the USCIS website: https://egov.uscis.gov/processing-times/

There is no clear legal guideline on the amount of investment required. Instead, the law requires the investment to be "substantial". The substantiality of an investment depends on the type of business being invested in. Generally, the smaller the company, the larger the investment must be. For larger companies, E-2 visas with a smaller investment amount are often approved.

You should discuss the size of the required investment amount with an experienced U.S. immigration attorney, as this is the crux of the E-2 visa application process.

Fortunately, there is no one type of business that is "best" suited for an E-2 visa. As long as the company is operating legally and will be hiring U.S. workers in the future, it meets the requirements for an E-2 visa.

Strong E-2 companies require active, not passive, investment. To qualify for the visa, E-2 companies must be operational and the investor must play an active role in the management of the company.

Typical investments that are considered passive and are NOT eligible for the E-2 visa are: owning real estate, renting real estate or rental properties, or owning stocks.

E-2 visa holders do not have a direct path to a permanent residence permit (green card). As part of the E-2 visa application, applicants must confirm their intention to return to their home country after the E-2 visa expires.

It is possible to apply for a green card while in E-2 status. This is often the case when applying for an E-2 visa for a green card on a marriage basis or as a spouse attached to the partner's green card application. When E-2 applicants apply for adjustment of status, it is imperative that they complete the additional Form I-508, which waives the rights and privileges associated with this visa.

Yes, as an E-2 investor you may work for the E-2 company. E-2 visa holders can be the investor, executives, managers or a key employee of the company.

The spouses of E-2 visa holders also receive an E-2 visa and enter the USA with E2S status. With E2S status, spouses receive unlimited work authorization in the U.S. and can work full-time, part-time or even as self-employed individuals for employers in the U.S. as well as abroad. Remote work for a foreign employer in Europe is also permitted for E-2 spouses.

No. To qualify for an E-2 visa, the investor must invest in an active U.S. business. Real estate is considered a passive investment and therefore does not qualify.

Yes, the spouses and children under the age of 21 of E-2 visa holders may also apply for E-2 visas, which allow them to accompany the visa holder to the United States.

The family members of E-2 visa holders can apply for their visas at the same time as the E-2 investor, or after the E-2 investor has received their visa stamp.

Yes, spouses with an E-2 visa can also work indefinitely after their arrival in the USA. Proof of this unlimited work authorization is maintained on the spouse's Form I-94, which is updated after each entry into the United States. The spouse's status should read "E2S" on this document, and this serves as proof of work authorization.