E-2 Treaty Investors

25 January, 2023

Portuguese Citizens are now, and since December 2022, eligible for the E-2. The visa allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a US business.

To qualify for E-2, the investor must: 1) be a national of a treaty country; 2) Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; 3) Be seeking to enter the United States solely to develop and direct the investment enterprise (showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or another corporate device).

The List of Treaty Countries is in constant alteration, especially by the inclusion of new Countries, like it was the case of Portugal. With that being said, it is important to inform you that investors who have obtained their nationality through naturalization, are from now on, and as long as they have been domiciled in Portugal for a continuous period of not less than 3 years (and comply with the other requirements), eligible to apply for the E-2 program.

The mandatory requirement of having a continuous period of domicile of, at least 3 years, applies now to all the treaty countries, not only Portugal.

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