E-2 Visa for Germans, Austrians and Swiss 2026: Requirements, Costs and Process

What are the E-2 visa requirements for Germans, Austrians and Swiss?

German, Austrian and Swiss nationals meet the first E-2 requirement automatically, because all three countries have a treaty of commerce with the United States that covers treaty investors. The remaining requirements are the same for every treaty national: you invest a substantial amount of your own capital in a real, operating US business, the capital is committed and at risk, the business is at least 50% owned by treaty nationals, and you enter the US to develop and direct it. The business must also not be marginal, which means it must be able to earn more than a minimal living for you and your family, or make a significant economic contribution.

This guide is the practical companion for readers from Germany, Austria and Switzerland who search for "E2 Visum Voraussetzungen". The full legal reference, including the treaty country list, the complete fee table and every source, is on our E-2 Treaty Investor visa page. Here we focus on what is specific to the DACH region: treaty dates, typical Mittelstand business models, where you apply, family questions, tax planning points and the green-card question.

Since when do Germany, Austria and Switzerland qualify?

According to the treaty table in 9 FAM 402.9 of the US Foreign Affairs Manual, the E-1 and E-2 provisions entered into force for Switzerland on 8 November 1855, for Austria on 27 May 1931 and for Germany on 14 July 1956. All three countries are open to new E-2 investments today. What counts is your nationality, not where you live: a German national living in Zurich applies on German nationality, and a Swiss national living in Munich applies on Swiss nationality. Liechtenstein, by contrast, is not on the treaty list.

How much do I need to invest for an E-2 visa?

There is no fixed amount. The State Department guidance states that no set dollar figure constitutes a minimum amount of investment. Instead, consular officers apply a proportionality test: the investment is measured against the total cost of the business you start or buy. The lower the total cost of the enterprise, the higher the share of that cost your own capital must cover. For an established business that you acquire, the cost is generally its purchase price, which is normally the fair market value.

Is there a minimum capital, a "Mindestkapital"?

No. Many German-language sources quote a figure, but no figure appears in the law, the regulations or the State Department guidance, and any amount you read is someone's estimate, not a rule. For a typical Mittelstand founder the practical question is therefore not "how many euros or francs", but three others. First, does my capital cover a large enough share of what this particular business really costs? Second, is the business plan credible enough to show that it will earn more than a minimal living? Third, can I document the lawful source of every euro or franc I transfer?

What does "at risk" mean in practice?

"At risk" means the money is irrevocably committed to the business and could be partly or fully lost if the business fails. Funds sitting in a US bank account, waiting to be spent, do not count. Typical committed uses are a signed purchase agreement, paid lease and build-out costs, equipment, inventory and the working capital the plan needs. Loans secured by the business's own assets generally do not count towards your investment. Idle, speculative holdings such as undeveloped land or a passive share portfolio do not qualify as an enterprise at all.

Which business types do DACH investors typically use?

Readers from Germany, Austria and Switzerland usually arrive with one of four models. Each is tested under the same legal standard; the choice is commercial, and it shapes how the case is documented.

• A franchise. A franchise offers a proven operating model and training, which helps the business plan. There is no franchise-specific rule: the total franchise cost, including fee, build-out, equipment and working capital, is the base for the proportionality test. Our E-2 franchise guide covers this route in detail.
• Acquisition of an existing US business. Buying a running company gives you revenue history from day one, which can make non-marginality easier to show. Due diligence on the seller's figures matters as much as the visa file.
• Your own start-up. A new company is entirely possible, but the plan must show how the business reaches more than a minimal living within a realistic horizon, generally within five years.
• A US subsidiary of your existing company. Many Mittelstand owners expand rather than start again. A German, Austrian or Swiss company can invest in a US subsidiary, and the enterprise keeps its treaty nationality while treaty nationals own at least 50% of it.

E-2 or L-1A for an owner of an existing company?

If you already run an operating company at home, the L-1A intracompany transferee visa is the main alternative. L-1A requires one continuous year of employment abroad as an executive or manager with a qualifying organisation within the last three years, and the US company must be a parent, branch, subsidiary or affiliate of it. L-1A is capped at seven years in total, but it is dual intent and is often followed by the separate EB-1C green-card petition. E-2 has no fixed time limit and no one-year employment requirement, but it does not lead to a green card on its own. For many family business owners the right answer depends on whether permanence is the goal.

If you would like an honest first view of which model fits your company and your family, book a free consultation with Mirabello Consultancy. We advise and coordinate; the petition itself is prepared and filed by an independent licensed US immigration attorney.

Where do I apply for the E-2 visa from Germany, Austria or Switzerland?

Most E-2 investors apply for the visa at a US consular post abroad: you complete the DS-160 online application with the E visa supplement, submit the document package, and attend an interview at the US embassy or consulate responsible for your residence. Some US posts process E visas in dedicated units, and procedures and waiting times differ by post, so the responsible post and its current instructions are confirmed case by case when your file is prepared. The official sites to check are the US missions in Germany, Austria and Switzerland.

The second route is a change of status inside the US: if you are already in the US lawfully in another status, an attorney can file Form I-129 with USCIS, and USCIS acts on the petition. This route grants status, not a visa in your passport, so a later trip abroad usually still requires a consular visa.

How much does the E-2 visa cost?

Government fees are modest compared with the investment. As of 12 October 2026, the fees shown on our E-2 page are:

• At a consulate: the visa application (MRV) fee for the E category is US$315, under 22 CFR 22.1, plus any reciprocity (issuance) fee that applies to your nationality.
• Change of status in the US: Form I-129 for E classification costs US$1,015 on paper or US$965 online, and US$510 for a small employer with 25 or fewer full-time employees or a nonprofit. The Asylum Program Fee is listed on the I-129 at US$600, US$300 for a small employer and US$0 for a nonprofit. Optional premium processing costs US$2,965, with a USCIS decision window of 15 business days.

Legal fees of the independent attorney and Mirabello's advisory fee are separate from these government fees.

How long does the E-2 visa take, and how long is it valid?

There is no single official processing time. Preparation of the business plan, the investment and the evidence package usually takes longer than the consular step itself, and consular appointment times vary by post. In the US, premium processing sets a 15-business-day decision window for an I-129, but only on the change-of-status route.

Two periods matter and are often confused. Your stay: an E-2 admission is for a maximum initial period of two years, and extensions are granted in increments of up to two years, with no limit on the number of extensions while the business continues to qualify. Your visa: the validity of the visa in your passport and any issuance fee are set per nationality on the State Department reciprocity schedule, so German, Austrian and Swiss nationals can receive visas of different lengths. The schedule is published on travel.state.gov, and the current entry for your nationality is checked when your case is prepared.

Can I renew the E-2 visa indefinitely?

Yes, in principle, for as long as the business remains active, non-marginal and under your direction, and you keep the intention to leave when your E-2 status ends. E-2 is not a dual-intent visa. Under 8 CFR 214.2(e)(5), however, an E application may not be denied solely because an immigrant petition has been filed or approved.

Can my spouse work, and what about the children?

Your spouse can work. A spouse in valid E-2 status is employment authorised incident to status, and since 30 January 2022 an unexpired Form I-94 annotated "E-2S" is accepted as evidence of that authorisation. The spouse may work for any US employer, not only for your business, and does not need a separate work permit, although one may still be requested.

Unmarried children under 21 receive E-2 derivative status. They may live and study in the US, but they may not work. A child who turns 21 generally loses derivative status and must change to another status, for example a student visa, or leave. For families with teenagers, this "ageing out" point is often the decisive reason to plan a green-card route early.

Do E-2 holders pay tax in the US?

An E-2 holder becomes a US tax resident if they meet the Substantial Presence Test of the IRS: physical presence on at least 31 days in the current year and 183 days over three years, counting all days of the current year, one third of the days of the prior year and one sixth of the days of the year before that. US tax residents are taxed on their worldwide income, and state income tax may apply as well, depending on the state.

The home side needs the same attention. As a German rule, § 6 of the German Foreign Tax Act (AStG) treats shares in a company as sold at fair market value when a person who has been fully tax liable in Germany for at least seven of the last twelve years gives up German residence. For a Mittelstand owner moving to run a US business, this is a planning point to settle before the move, not after it. Austria and Switzerland apply their own rules on leaving tax residence, which differ from the German rule. This is general information, not tax advice: obtain advice from a qualified tax adviser in your home country and in the US before you relocate.

Can I get a green card with the E-2 visa?

No, not directly. E-2 is a non-immigrant visa: it is temporary and renewable, it is not a green card, and it does not lead to permanent residence or US citizenship by itself. Holders who want permanence need a separate immigrant category, and several exist:

• EB-5: the investment green card, from US$800,000 in a targeted employment area or infrastructure project, or US$1,050,000 otherwise, covering spouse and unmarried children under 21. See our EB-5 page and the comparison EB-5 vs E-2.
• EB-1C: for executives and managers of multinational companies, typically after an L-1A transfer.
• EB-1A for extraordinary ability, and EB-2 NIW for advanced-degree professionals or persons of exceptional ability whose work is in the US national interest. These are different standards; see the EB-1A and EB-2 NIW pages.

Whether you could keep German, Austrian or Swiss citizenship if you later naturalised in the US is a question of your home country's nationality law, and it is confirmed case by case before any step is taken. Other nationalities follow their own law, and some remove the original nationality automatically on naturalisation abroad. For a complete map of every route, see our USA immigration hub, which also covers the O-1 visa and the E-1 treaty trader visa for companies that trade substantially with the US.

Do I need a lawyer for the E-2 visa?

In practice, yes. The E-2 file rests on a business plan, a documented investment and proof of the lawful source of funds, and the consular officer assesses substantiality and non-marginality with discretion. An independent licensed US immigration attorney prepares and files the application. Mirabello Consultancy advises on the route, coordinates the business and investment side with you, and keeps the whole plan coherent, including the timing of tax advice at home. No adviser can promise an outcome, and approval is always at the discretion of the US authorities.