Please note that the German system is fundamentally different from that of the US. For example a resident staying in Germany for purposes other than tourism needs to register her/his local address with the local city hall (Rathaus/Einwohnermeldeamt). In addition, she/he needs to apply for a residence permit including the permission to work or for study purposes or family purposes, etc. at the local immigration office (Ausländerbehörde).

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The new German immigration laws valid from the beginning of January 2005 have not facilitated work issues for Americans in Germany. Before Americans can start to work in Germany they need to go through a certain administrative procedure. US citizens can enter Germany without applying for a work visa. US citizens simply need a valid passport to enter Germany.

However, before starting to work in Germany, US citizens need to receive a residence permit including permission to work. According to the new German immigration laws a work permit will no longer be issued by the employment authorities. Permission to work will be issued together with the residence permit for employment purposes in the US citizen's passport (one-stop government). Nevertheless, employment authorities are still involved in the application procedure. The immigration office will only issue a residence permit for employment purposes if the employment office has notified the immigration office about its approval regarding an individual's employment. Thus, the employment office is still responsible for the main decision in the complete application process.

As US citizens need to be in possession of a relevant residence permit including permission to work from day one of employment, it is sensible to start the application process at least 4 to 6 weeks before the intended start of employment. After a positive decision has been made by the employment office the applicant can enter Germany. After the arrival in Germany the US citizen needs to register his/her local address with the local city hall. Afterwards he/she needs to pick up his/her residence permit including permission to work from the immigration office. After having received this permit he/she is allowed to start working in Germany.

A US citizen can receive the necessary residence permit including permission to work according to several sections of the new German immigration laws. For example US citizens belong to the so-called privileged nations. German authorities can issue the necessary permits to citizens of such nations on account of the individual's specific citizenship (if other requirements like university degree, certain salary, etc. are met). For this category the employment office checks the local employment market, i.e. they inspect whether a German or EU citizen could do the job instead of the US applicant. In the light of over five million unemployed people in Germany, the analysis of the local employment market has become more and more important. Should the employment office not find a German or EU citizen for the job, it approves of the employment of the US national.

Another possibility for a US citizen includes the section on an international staff exchange. Other sections of the German immigration laws such as categories for very highly qualified individuals or for managing directors, etc. do not involve the local employment office. Only the local immigration office makes a decision in such application procedures.

Most of the sections of the new German immigration laws require discretional decisions from the authorities, i.e. there is generally no legal claim for receiving the necessary permits. Thus, it is important to properly file applications with complete documentation and according to the correct section of the German immigration laws to minimize the risk of the applications being declined.

Together with US citizens the following nationalities belong to the category of the so-called privileged nations:

Andorra

Australia

Israel

Japan

Canada

Monaco

New Zealand

San Marino

USA

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Nationalities other than the above mentioned ones need to apply for a work visa at the German Embassy/Consulate nearest to their home town before entering Germany. The German Embassy will forward the application to the local German immigration office, which will render discretional decisions together with the competent local employment office.

After a positive decision has been made by the local German authorities, the German Embassy will be informed about the approval. Afterwards, the applicant can visit the Embassy a second time to pick up his/her work visa. After having received his/her work visa, he/she is entitled to enter Germany for employment purposes. The family dependants need to apply for a visa for family purposes. After arriving in Germany, the applicant needs to register his/her local address with the local city hall and pick up the residence permit including permission to work from the local immigration office. According to the new German immigration laws, permission to work should be stamped inside the individual's passport, as well.

EU Citizens

Some EU citizens (citizens that belonged to the EU before May 1, 2004) can enter Germany and start working without applying for a residence permit including permission to work. Such individuals simply need to register their local address with the local city hall and voluntarily pick up a certification of free movement (Freizügigkeitsbescheinigung) from the local immigration office. The following nationalties belong to this category:

Austria

Belgium

Denmark

Finland

France

Germany

Great Britain

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden

Other EU citizens (citizens that joined the EU on May 1, 2004) can enter Germany without applying for a work visa, as well. But they still need to apply for a work permit (Arbeitserlaubnis-EU) in addition to the certification of free movement (Freizügigkeitsbescheinigung) before starting to work in Germany. The following nationalities belong to this category:

Estonia

Latvia

Lituania

Poland

Czech Republic

Slowakia

Malta

Slovenia

Cyprus

Hungary