In an exciting development for Portuguese nationals, the U.S. Embassy in Lisbon has begun accepting applications for E-1 and E-2 visas. This move, eagerly anticipated since the signing of the AMIGOS Act in December 2022, marks a significant milestone in economic relations between Portugal and the United States, paving the way for a new era of investment and business growth. E2 visa Portugal! Let’s dive into the details.

The AMIGOS Act: Strengthening ties through investment

The path to this moment began with the legislative foresight embodied in the AMIGOS Act, which was signed into law by President Joe Biden on December 23, 2022. The act was a critical step in solidifying the economic bond between the two nations, specifically recognizing Portugal as a treaty country eligible for E-2 visa participation. While the bill’s signing was a ceremonial nod to the future possibilities, it was only this week that the provisions of the AMIGOS Act came into practical effect, with the U.S. Embassy in Lisbon officially opening its doors to E-1 and E2 visa Portugal applications from Portuguese nationals.

Understanding the E-1 Treaty Trader Visa

The E-1 Treaty Trader Visa is designed for individuals or companies from treaty countries who engage in substantial international trade with the United States. The primary requirements and characteristics of the E-1 visa include:

1- Substantial Trade: There must be a significant exchange of goods, services, or technology between the U.S. and the treaty country. The trade must be principally between the U.S. and the treaty country, meaning more than 50% of the total volume of international trade must be between the U.S. and the country of the trader’s nationality.
2- Continuous Flow of Trade: The applicant must demonstrate an ongoing flow of sizable international trade items, involving numerous transactions over time.
3- Principal Trader: The applicant must be a key figure in the trading company, either as a business owner or a senior employee, and must possess the nationality of the treaty country.

The E-1 visa allows the visa holder to work legally in the U.S. for a company that is engaged in trade principally between the U.S. and the treaty country. Spouses and unmarried children under 21 years old can also apply to accompany or join the E-1 visa holder and may apply for work authorization in the U.S.

E-2 Visa: Treaty Investor Visa

The E-2 Treaty Investor Visa is available to individuals or companies from treaty countries who make a significant investment in a U.S. business. Key elements of the E-2 visa include:

1- Significant Investment: The investor must have made, or be actively in the process of making, a substantial monetary investment in a bona fide enterprise in the U.S. There’s no minimum dollar amount specified, but the investment must be substantial relative to the total cost of either purchasing an established enterprise or establishing a new one.
2- Control of the Investment: The investor must have control over the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
3- Ability to Develop and Direct: The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, they must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity.

E-2 visa holders can stay in the U.S. based on the investment activities, with renewals possible as long as the investment continues to meet E-2 criteria. Similar to the E-1 visa, spouses and children may accompany the investor and can apply for work authorization.

Operationalizing the AMIGOS Act: Lisbon’s New Role

The recent announcement from the U.S. Embassy in Lisbon does not merely reflect a bureaucratic update, but symbolizes a significant shift towards actualizing the intentions of the AMIGOS Act. This legislative act, while transformative on paper, required practical implementation steps to truly facilitate the envisioned economic synergies. The embassy’s readiness to process these visa applications translates the theoretical benefits of the AMIGOS Act into tangible opportunities for Portuguese citizens.

E2 visa Portugal: How long is the E-2 visa valid for?

The validity period of a visa represents the length of time during which the visa holder is permitted to travel to the entry port of the issuing country, in this case, the United States. For the E-2 Treaty Investor Visa, this validity period can vary significantly, depending on the treaty agreements between the U.S. and the visa applicant’s home country. It’s important to understand that this does not determine how long a person can stay in the U.S. upon each entry; it simply governs how long the visa can be used to enter the U.S. from the date of issue.

According to the U.S. Department of State, the E2 visa Portugal for citizens is currently valid for 5 years. This means that once issued, the visa can be used for entries into the United States for up to five years from the date it is granted. The holder of an E-2 visa can travel back and forth to the U.S. as needed during this period. It is important to note that each entry allows for an initial stay of up to two years, which can be extended indefinitely in two-year increments as long as the visa holder continues to meet the requirements of the E-2 visa status.

E-2 Visa Brazil: How Brazilians can apply for the E-2?

While this news directly benefits Portuguese nationals, it also opens avenues for individuals from countries not directly included under the E-2 treaty umbrella, like Brazil. Many Brazilians with dual citizenship, particularly those with Portuguese nationality, now find a new gateway to enter the U.S. business landscape through this visa route, circumventing the limitations imposed by their Brazilian citizenship alone.

Visa Franchise: Facilitating Your American Business Dreams

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Whether you’re just beginning to explore your options or are ready to start your application, contact us at patrick@visafranchise.com. Our dedicated team is prepared to handle all aspects of your transition, from visa application to business setup in the U.S. We invite you to schedule a complimentary 30-minute consultation to discuss how we can assist you in achieving your American Dream. The opening of the U.S. Embassy in Lisbon for E-2 visa applications is not just news—it’s a historic opportunity, and we are here to make it your reality.