E-2 Visa for Swiss Citizens 2026: How to Apply at the Bern Embassy

E-2 Visa for Swiss Citizens 2026: Complete Guide to the Bern Embassy Process

Switzerland and the United States share a robust economic relationship, supported by a longstanding Treaty of Friendship, Commerce, and Extradition. Because of this treaty, Swiss citizens are eligible to apply for the E-2 Treaty Investor Visa. This visa allows Swiss entrepreneurs, investors, and essential employees to live and work in the United States by investing a substantial amount of capital in a U.S. business [1].

For Swiss nationals planning their U.S. expansion in 2026, understanding the specific procedures at the U.S. Embassy in Bern is critical. Unlike other visa categories processed centrally by U.S. Citizenship and Immigration Services (USCIS), E-2 visa applications for applicants outside the U.S. are adjudicated directly by consular officers at the embassy.

In this comprehensive guide, we detail the 2026 requirements for Swiss citizens, the application process at the U.S. Embassy in Bern, and strategic considerations for a successful E-2 visa petition.

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To qualify for an E-2 visa, a Swiss applicant must satisfy several stringent requirements established by U.S. immigration law [1] [2].

Nationality and Ownership

The applicant must possess Swiss citizenship. Furthermore, the U.S. business must be at least 50% owned by individuals who hold Swiss nationality and are not U.S. lawful permanent residents (green card holders). If the business is owned by a corporate entity, that parent company must also be at least 50% Swiss-owned.

Substantial Investment

The investment must be considered "substantial" in relation to the total cost of either purchasing an existing enterprise or establishing a new one. While the law does not define a strict minimum dollar amount, practical experience in 2026 suggests that investments below $80,000 to $100,000 face significantly higher scrutiny [2]. The funds must be irrevocably committed to the business and "at risk," meaning they are subject to partial or total loss if the business fails.

Real and Operating Enterprise

The U.S. business must be a bona fide, active commercial or entrepreneurial undertaking that produces services or goods for profit. Passive investments, such as holding undeveloped land or purchasing residential real estate solely for rental income, do not qualify for an E-2 visa.

Marginality Requirement

The business cannot be "marginal." A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and their family. The business plan must demonstrate that the company will create U.S. jobs or have a significant economic impact within five years of operation.

Source of Funds

The investor must demonstrate possession and control of the capital, and the funds must have been obtained through lawful means. This requires a clear, documented paper trail tracing the funds from their origin (e.g., savings from employment, sale of property, inheritance, or a legitimate loan secured by personal assets) to the U.S. business bank account.

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For Swiss citizens residing in Switzerland, the E-2 visa application is processed through the U.S. Embassy in Bern. The embassy has specific procedural requirements for submitting the extensive documentation required for an E-2 case [3].

Step 1: Complete Online Forms

All E-2 principal applicants must complete the DS-160 (Online Nonimmigrant Visa Application). Additionally, the DS-156E (Nonimmigrant Treaty Trader/Investor Application) must be completed to provide detailed information about the U.S. enterprise and the investment.

Step 2: Pay the Visa Fee

The applicant must pay the non-refundable Machine Readable Visa (MRV) fee, which is currently $315 for E-category visas.

Step 3: Submit the E-2 Binder

The core of the application is the E-2 binder—a meticulously organized dossier of legal arguments and supporting evidence. The U.S. Embassy in Bern has strict formatting requirements for this submission, typically requiring the binder to be sent electronically in a specific PDF format, divided into designated tabs (e.g., Cover Letter, Forms, Applicant Information, Ownership, Investment, Real & Operating, and Marginality).

Step 4: The Consular Interview

After the embassy reviews the submitted binder, the applicant will be scheduled for an in-person interview in Bern. During the interview, the consular officer will ask detailed questions about the business model, the source of funds, the applicant's role in the company, and the financial projections.

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The maximum validity period of an E-2 visa is determined by the reciprocity schedule between the United States and the applicant's home country.

For Swiss citizens, the U.S. Embassy in Bern can issue an E-2 visa for a maximum validity of up to four years [4]. However, for new businesses without a proven track record, consular officers often exercise discretion and issue the initial visa for a shorter period, such as one or two years. Upon renewal, if the business has met its financial and employment projections, a longer validity period is typically granted.

Regardless of the visa's validity period (the time frame during which the investor can use the visa to enter the U.S.), the investor is granted a maximum period of stay of two years upon each entry into the United States. To remain in the U.S. beyond this two-year period, the investor must either travel internationally and re-enter or file an extension of status with USCIS.

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The E-2 treaty also allows the Swiss-owned U.S. business to sponsor other Swiss citizens to work in the United States. These employees must be coming to the U.S. to fulfill roles that are either executive/supervisory in nature or require highly specialized skills essential to the efficient operation of the enterprise [1].

To qualify as an E-2 essential employee:

1. The employee must have the same nationality as the treaty employer (Swiss).
2. The U.S. enterprise must be at least 50% Swiss-owned.
3. The employee must meet the legal definition of an executive, manager, or essential skills worker.

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The E-2 visa provides significant benefits for the immediate family members of the principal investor or essential employee.

• Spouses: The legally married spouse of a Swiss E-2 visa holder is eligible for an E-2S dependent visa. Crucially, E-2 spouses enjoy incident-to-status work authorization in the United States. They can work for almost any employer, start their own business, or work for the E-2 enterprise without needing to apply for a separate Employment Authorization Document (EAD).
• Children: Unmarried children under the age of 21 are eligible for E-2Y dependent visas. They may reside in the U.S. and attend public or private schools. However, dependent children are not authorized to work in the United States. When a child turns 21, they "age out" of their E-2 dependent status and must independently qualify for another visa category (such as an F-1 student visa) to remain in the U.S.

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[1] U.S. Citizenship and Immigration Services (USCIS). E-2 Treaty Investors. Retrieved from https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors

[2] Rothrock Immigration Lawyer. E-2 Treaty Visa Switzerland. Retrieved from https://www.rothrockimmigrationlawyer.com/tag/e2-treaty-visa-switzerland/

[3] U.S. Embassy in Switzerland and Liechtenstein. U.S. Visas. Retrieved from https://ch.usembassy.gov/visas/

[4] U.S. Department of State. U.S. Visa: Reciprocity and Civil Documents by Country - Switzerland. Retrieved from https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Switzerland.html