Moving to the USA from Germany: Visas, Green Card and Rules
Vathanakone Prakosay · Updated on
In short: Moving to the USA from Germany needs a visa or a Green Card, because ESTA allows only trips of up to 90 days and no work. The main routes are H-1B, L-1A, E-2 and the Green Card categories. Health insurance, tax residency and your German pension depend on your status.
What are the legal ways of moving to the USA from Germany?
There is no free right to settle in the USA. You enter either on a short visa-free trip or on a visa, and a permanent stay needs a Green Card. The Green Card is open only through a fixed category: family, employment, special cases, refugee and asylum status, victims, other categories and the registry (USCIS, as of 04.09.2026).
The German Federal Statistical Office counted just under 8,900 departures from Germany to the USA in 2025. It notes that the United States has lost some of its appeal as a destination (Destatis, Number of the Week 24, 09.06.2026). Switzerland, Austria and Spain rank ahead.
Which routes exist at a glance?
The table shows the five routes covered in this guide, with the core requirement of each.
| Route | Purpose | Core requirement | Source, as of |
|---|---|---|---|
| ESTA (Visa Waiver Program) | Tourism, business trips, transit | Passport, up to 90 days per stay, no extension | German Federal Foreign Office, 12.10.2026 |
| H-1B | Work in a specialty occupation | Employer files the petition; the job needs at least a bachelor's degree in a directly related field | USCIS, 21.09.2026 |
| L-1A | Transfer of a manager or executive inside a company group | One continuous year at a related company abroad; seven years in total at most | USCIS, 31.08.2026 |
| E-2 | Investors | Nationality of a treaty country, substantial investment, at least 50 percent ownership or control | USCIS, 20.08.2026 |
| Investor Green Card | Permanent residence | A new American business with at least 10 qualifying full-time jobs | USCIS, 04.09.2026 |
Treaty countries appear on a list that the Department of State keeps. USCIS points readers there, so check that list for your own nationality.
What can you do on ESTA?
ESTA covers tourism, business trips and transit for up to 90 days per entry. The authorization stays valid for two years and allows any number of entries. A German identity card, even a provisional one, is not suitable for entry; the passport must be an electronic one.
Work is not allowed on ESTA, and that includes unpaid work. Overstaying or working without permission can lead to detention, refusal at the border, later visa refusals or entry bans. ESTA also gives no right to enter: the border officer decides on arrival, and no appeal exists (German Federal Foreign Office, 12.10.2026).
Who needs a visa instead of ESTA?
Anyone who plans to work, take an au-pair job, join an exchange, study language or research, or marry and then settle needs a visa. The same applies to travellers who stayed in Iran, Iraq, North Korea, Syria, Sudan, Libya, Yemen or Somalia, or who hold the nationality of one of these countries. Cuba has been on the list since 12.01.2021.
How does a work visa for the USA work?
Work needs a visa, and the route usually runs through an employer. For the H-1B, the employer files form I-129 together with a labor condition application that the Department of Labor has certified. A regular cap is 65,000 petitions, and a further 20,000 petitions for holders of an American master's degree are exempt from it. Registration costs 215 USD per registration, and the start date is 1 October or later.
For certain petitions filed from 21.09.2025, a further 100,000 USD applies as a condition under a presidential proclamation. The USCIS page does not say which petitions are affected.
Managers who move within a group can use the L-1A. Its first stay lasts up to three years, or up to one year for a new office, and extensions come in steps of up to two years. An E-2 stay starts at two years at most, with extensions of two years each and no fixed limit on their number.
How do you get a Green Card?
You get one by fitting a category that USCIS lists. The employment route has three groups: workers in preference groups 1 to 3, physicians with a National Interest Waiver and investors. Physicians commit to full-time practice in an underserved area. The Diversity Immigrant Visa Program, known as the lottery, sits under the other categories and runs through the Department of State.
Investors create a new American business with at least 10 qualifying full-time jobs. USCIS names 1,050,000 USD for the investment, or 800,000 USD in a targeted area or an infrastructure project (USCIS, 04.09.2026).
How does health insurance work after you arrive?
Care is comparable to Germany, but distances to a hospital can be long. Treatment is expensive, and providers often ask for payment up front. The German Federal Foreign Office recommends travel health insurance with medical evacuation, and a hospital may refuse departure while bills stay open.
Certain lawfully present immigrants can buy Marketplace coverage. Green Card holders can claim subsidies. Holders of work visas such as the H-1B can buy a plan too, but without a subsidy. From 01.01.2027, premium subsidies and cost sharing apply only to Green Card holders, Cuban and Haitian entrants and migrants under the Compacts of Free Association (HealthCare.gov, page undated). Insurers must cover pre-existing conditions without charging more.
The English guide on health insurance when moving to Germany shows how the rules work in the opposite direction.
When do you pay tax in the USA?
Non-citizens count as non-residents unless they meet the Green Card test or the substantial presence test. The second test needs at least 31 days in the current year and a weighted total of 183 days: all days of the current year, one third of last year's days and one sixth of the year before (IRS, 14.03.2026). Residents are taxed like citizens on income from anywhere in the world and file Form 1040 or 1040-SR.
A Social Security number comes from the Social Security Administration, and every other taxpayer number comes from the IRS. An ITIN requires Form W-7 with a tax return attached. With an ITIN, you cannot claim the earned income credit (IRS, 11.06.2026). No official statement on the tax treaty between Germany and the USA is available here.
What happens to your German pension?
The German pension is paid to your address in the USA. A social security agreement between both countries has applied since 01.12.1979. It covers pension insurance only, it counts contribution periods of both countries together, and nationality and residence do not matter (German Pension Insurance, undated, footer 2026).
A German employer can post you to the USA for up to 60 months and keep you insured in Germany, with certificate D/USA 101. Other destinations are compared in the Countries overview.
What you need to bring
- An electronic passport. The identity card does not work for entry.
- ESTA or a visa, depending on your purpose. Neither gives a right to enter.
- The address of your stay: border officers ask for it, and entry can be refused without it. Fingerprints and a photo are taken.
- For H-1B, L-1A and E-2: the documents that each petition requires, such as a degree, proof of group membership or proof of investment.
- For a Social Security number: proof of identity, age and immigration status (IRS, 11.06.2026).
- For a pension application: a certificate of life and nationality, issued by a diplomatic mission, a notary public or other offices.
The complete and current list for each visa comes from the responsible office. Ask the American consulate and USCIS for the version that applies to your category.
What do you do in Germany before you leave?
A departure from Germany touches deregistration, insurance, tax and pension. The English guides on registering an address in Germany and moving to Germany describe the German system from the opposite direction.
Frequently asked questions
Can I live in the USA on ESTA?
No. ESTA covers tourism, business trips and transit for up to 90 days per entry, and it cannot be extended (German Federal Foreign Office, 12.10.2026).
How do I get a Green Card as a German citizen?
You apply through a fixed category, such as family, employment or investment. USCIS lists the categories (as of 04.09.2026).
Can I enter with my German identity card?
No. The identity card, even a provisional one, is not suitable for entry. You need a passport with ESTA or a visa.
Is my German pension paid in the USA?
Yes. A pension is transferred to you if you live in the USA (German Pension Insurance, footer 2026).
When do I count as a tax resident?
When you meet the Green Card test or the substantial presence test, which needs 31 days this year and a weighted 183 days (IRS, 14.03.2026).
Sources
- Auswärtiges Amt: Reise- und Sicherheitshinweise USA, 2026 (As of: 12.10.2026)
- USCIS: Green Card Eligibility Categories, 2026 (As of: 04.09.2026)
- USCIS: H-1B Cap Season, 2026 (As of: 21.09.2026)
- USCIS: L-1A Intracompany Transferee Executive or Manager, 2026 (As of: 31.08.2026)
- USCIS: E-2 Treaty Investors, 2026 (As of: 20.08.2026)
- HealthCare.gov: Immigration status and the Marketplace, 2026 (As of: retrieved 25.10.2026, page undated)
- HealthCare.gov: Rights and protections, 2026 (As of: retrieved 25.10.2026, page undated)
- IRS: Substantial Presence Test, 2026 (As of: 14.03.2026)
- IRS: Taxpayer Identification Numbers, 2026 (As of: 11.06.2026)
- Deutsche Rentenversicherung: Rente und Ausland, USA, 2026 (As of: page undated, footer 2026)
- Statistisches Bundesamt: Zahl der Woche Nr. 24, 2026 (As of: 09.06.2026)
General information, not legal advice. Rules change: check the linked official pages before you act.
Author: Vathanakone Prakosay · Updated on October 25, 2026
