E Visas are non-immigrant visas available for citizens of countries with which the United States maintains treaties of commerce and navigation (Treaty Countries). 

Last December 15, 2022, Congress passed the James N. Inhofe National Defense Authorization Act for Fiscal Year 2023 (“NDAA”), including Section 5901, which makes two important changes to eligibility for E visas:

• It designates Portugal as an E visa treaty country allowing passport holders of Portugal to apply for E-1 and E-2 visas as Treaty Traders and Treaty Investors.
• Those nationals who have acquired citizenship through financial investment must be domiciled in that country for three (3) years before applying for an E visa

This change will allow investors with Portuguese nationality to live and pursue investment opportunities in the United States. Many eligible applicants are also  thousands Brazilians who hold double nationality. According to the European Commission, in 2020, Portuguese citizenship was granted to 149,157 foreign citizens, including nationals from Brazilian, Cape Verde, Angola, Ukraine and Guinea-Bissau.

With regards to the second change, the new rule will restrict the use of E Visas to other nationals who have acquired citizenship of Treaty Countries through investment, such as Grenada, Turkey, Montenegro and Portugal ( the famous "Golden Visa"). These nationals  must demonstrate that they have been “domiciled” in the treaty country for 3 years prior to applying for an E-1 or E-2 visa. This rule does not apply to those who have already secured an E-1 or E-2 visa. Prior to this provision, nationals of non-treaty countries could apply for citizenship in E treaty countries through investment programs, and immediately use their new nationality apply for an E visa. 

These provisions took effect on December 23, 2022, when President Biden signed the act into law.

Basic Requirements for an E-1 and E-2 Visas

The E-1 Visa (Treaty Trader) is a temporary visa that allows  from a Treaty County to engage in substantial trade, including trade in services or technology, with the United States. The E-2 Visa is a temporary visa that allows a national or company of a Treaty County to develop and direct the operations of an enterprise in which they have made a  substantial amount investment.

E Visa applicants must hold a passport from an E Visa Treaty Country and must own at least 50% of the business. 

Need Assistance?

Should you have any questions about this exciting development, or if you are interested in applying for E nonimmigrant classification, please do not hesitate to contact our offices.