Applying for a US EB-5 investor visa from Germany is entirely possible, but it is one of the most document-heavy immigration routes in the world. You invest at least $800,000 in a qualifying US business, prove every euro came from a lawful source, and show the investment creates ten American jobs. In return, you, your spouse and your unmarried children under 21 can receive green cards.
For residents of Germany, the case is decided in two places: US Citizenship and Immigration Services (USCIS) reviews the petition, and the US Consulate General in Frankfurt handles the immigrant visa interview. The lawyer you choose ties the whole thing together, so this guide covers both the EB-5 rules as they stand in 2026 and how to vet a US-licensed immigration attorney from abroad.
This article is general information, not legal, tax or investment advice. Take independent professional advice before you commit funds.
What is the EB-5 investor visa?
EB-5 is the fifth employment-based immigrant visa category. The EB-5 Reform and Integrity Act of 2022 set today’s rules:
- Investment amount: $800,000 if the project is in a targeted employment area (TEA) — a rural area or an area of high unemployment — or is a qualifying infrastructure project; otherwise $1,050,000.
- Job creation: at least ten full-time jobs for qualifying US workers per investor.
- Capital at risk: the money must genuinely be invested and exposed to gain or loss. Any promise of a guaranteed return or guaranteed buy-back is a warning sign and can sink the petition.
- Lawful source of funds: you must document where the capital came from and the path it took to the US project.
Part of each year’s EB-5 visa supply is reserved for rural, high-unemployment and infrastructure projects, which matters most to investors born in backlogged countries such as China and India. If you were born in Germany, you are charged to Germany’s quota, which has not historically been backlogged — but check the monthly Visa Bulletin on travel.state.gov, because your place of birth, not your residence or passport, decides your queue.
Regional centre or direct investment?
| Feature | Regional centre investment | Direct investment |
|---|---|---|
| What you invest in | A pooled fund sponsored by a USCIS-designated regional centre, usually financing real estate or infrastructure | Your own business or one you actively help manage |
| Job counting | Direct, indirect and induced jobs, shown through economic modelling | Only direct employees on the payroll |
| Your role | Passive limited partner | Hands-on management or policy-making role |
| Petition form | Form I-526E | Form I-526 |
| Typical extra costs | Administrative fee to the project, often in the region of $50,000–$80,000 | Business set-up, operating costs and payroll |
| Main risk | Project or sponsor failure; you rely on others’ due diligence | Business failure; you must personally sustain ten jobs |
Most investors living abroad choose a regional centre because it is passive. The programme is authorised by Congress for fixed periods — currently to 30 September 2027 — with protections for investors who filed before certain dates. Ask your lawyer how those rules affect a petition filed now, and verify a centre’s status on uscis.gov, which publishes lists of approved and terminated regional centres.
How do you prove source of funds from Germany?
Source-of-funds is where EB-5 cases are won or lost, and where residents of Germany have an advantage: German financial life is well documented. USCIS wants a continuous paper trail from the origin of the money to the project’s escrow account. Everything needs a certified English translation.
Common German sources and the evidence for each
- Salary and savings: several years of tax assessments (Einkommensteuerbescheide), payslips, employment contracts and bank statements showing accumulation.
- Sale of property: the notarised purchase agreement (Kaufvertrag), land register extracts (Grundbuchauszug), proof of how you originally bought the property, and bank records of the proceeds.
- Sale of a business or shares: commercial register extracts (Handelsregister), share purchase agreements, annual accounts and tax records.
- Gift or inheritance: a gift deed or certificate of inheritance (Erbschein), gift or inheritance tax filings, and — importantly — the donor’s lawful source of funds as well.
- Loan: loan agreement and proof the loan is secured on assets you own, for example a mortgage on your German home.
German tax and reporting points to raise early
Bring a German tax adviser (Steuerberater) with US cross-border experience into the conversation before you move money. Large outbound transfers must be reported to the Bundesbank for statistical purposes under the foreign trade regulations (AWV) — your bank can explain the current threshold. If you hold a substantial stake in a company and give up German tax residence, German exit taxation (Wegzugsbesteuerung) may apply. And once you hold a green card, the US taxes your worldwide income, with the Germany–US tax treaty deciding which country taxes what.
The currency conversion is a cost in its own right. A 1% exchange-rate margin on $800,000 is $8,000, so compare your bank’s rate with a specialist currency broker rather than accepting the default.
Step by step: the EB-5 process from Germany
- Hire a US immigration attorney and, separately, take advice on the investment itself. Your immigration lawyer should not be paid by the project you invest in without telling you.
- Carry out due diligence on the project: offering documents, business plan, TEA designation, job-creation report, the developer’s track record and the exit strategy.
- Compile the source-of-funds file and transfer the capital, normally into escrow.
- File Form I-526E (or I-526) with USCIS. Processing ranges from under a year for prioritised rural projects to several years for others; check current estimates on uscis.gov.
- National Visa Center stage: after approval, you pay visa fees and upload civil documents — birth and marriage certificates and a German police certificate (Führungszeugnis).
- Medical examination with a panel physician approved by the consulate.
- Interview at the US Consulate General in Frankfurt, which processes immigrant visas for Germany. Berlin and Munich do not handle them.
- Enter the US within the visa’s validity and receive a two-year conditional green card.
- File Form I-829 in the 90 days before the second anniversary to remove conditions, proving the investment was sustained and the jobs were created.
If you are already in the US in lawful status — on an H-1B, for example — you may be able to file for adjustment of status concurrently instead of going through Frankfurt. Our overview of US visa sponsorship through EB-3 and H-1B explains how the employment routes differ if investment is not the right fit.
What does EB-5 cost beyond the investment?
- USCIS filing fees: the investor petition fee alone is a five-figure dollar amount at the time of writing, and further fees apply at the I-829 stage. USCIS has been revising EB-5 fees, so check the current fee schedule on uscis.gov.
- Attorney fees: commonly quoted in the range of $15,000–$30,000 or more for the I-526E stage including source-of-funds work, with separate fees for the consular stage and the I-829.
- Regional centre administrative fee: see the table above; it is normally not refundable once the petition is approved.
- Relocation: shipping, deposits, and US health insurance for your family from day one, since there is no public cover for new arrivals.
How to choose the right EB-5 immigration lawyer
US immigration law is federal. That means an attorney licensed in any US state can represent you before USCIS and the State Department, wherever they are based — including US-licensed lawyers working from Frankfurt, Munich or Berlin. A German Rechtsanwalt without a US licence cannot represent you in a US immigration matter.
Checks you can do yourself
- Verify the state bar licence. Every state bar has a free online lookup showing whether the lawyer is in good standing and any public discipline.
- Look for AILA membership. The American Immigration Lawyers Association is voluntary, so membership is not proof of quality, but it signals a practice focused on immigration.
- Ask about EB-5 volume. EB-5 is a niche within a niche. Ask how many investor petitions the lawyer filed in the past two years, and how many involved European funds.
- Ask who pays them. Some lawyers receive fees from regional centres or migration agents for referring investors. This must be disclosed to you in writing. You want a lawyer whose only client in the transaction is you.
- Get a written fee agreement that says what is included, what happens if USCIS issues a request for evidence, and what is refunded if you withdraw.
Red flags
- Any guarantee of approval, of a green card, or of the return of your capital.
- Pressure to wire funds quickly or to a personal account rather than a documented escrow.
- Advice to “simplify” your fund history by leaving out steps. Misrepresentation can lead to permanent inadmissibility.
Immigration lawyers are not licensed investment advisers. Have the offering reviewed by someone qualified to assess securities, because EB-5 interests are securities under US law. Our guide to choosing a US immigration lawyer for an EB-1 petition from Germany lists further questions worth asking at the first consultation.
Are there alternatives to EB-5 for German residents?
Yes, and an honest lawyer will raise them. Germany has a treaty with the US that makes German citizens eligible for the E-2 treaty investor visa, which has no fixed minimum investment and is processed far faster — but it is a non-immigrant visa with no direct path to a green card. Multinational managers may qualify for L-1 and later EB-1C, and people with outstanding professional records for EB-1A or a National Interest Waiver, without investing anything. If you are also considering Britain, note that the UK closed its investor route entirely; see our piece on UK investor visa alternatives.
Frequently Asked Questions
Can I keep my German citizenship if I later become a US citizen?
Since Germany’s nationality law reform took effect in June 2024, Germans generally no longer lose their citizenship when they naturalise elsewhere, and a retention permit is no longer needed. A green card itself never affected German citizenship.
Do I have to live in the United States after getting an EB-5 green card?
Yes, in practice. A green card is for people who make the US their permanent home, and long absences can be treated as abandonment. If you need to spend extended periods in Germany, ask your lawyer about a re-entry permit before you travel.
I live in Germany but I am not a German citizen. Can I still apply through Frankfurt?
Generally yes — immigrant visas are normally processed at the consulate covering your place of residence. However, your visa queue depends on your country of birth, so an Indian- or Chinese-born resident of Germany may face a wait that a German-born applicant does not.
Is the EB-5 investment refundable if my petition is denied?
That depends on the project’s offering documents, not on immigration law. Many projects promise to return capital after a denial, but the administrative fee and legal fees are usually not returned, and a refund is only as good as the project’s finances. Read this clause with your lawyer before investing.
Bottom line
The EB-5 investor visa from Germany is a serious financial transaction wrapped in an immigration application. The rules are clear — $800,000 or $1,050,000, ten jobs, lawful funds, capital at risk — but the outcome depends on the quality of the project and of your documentation. Choose a US-licensed attorney whose bar record you have verified, who works only for you, and who is willing to tell you when E-2, EB-1 or not investing at all would serve you better.