The US Embassy in Lisbon, Portugal has recently declared that it is now accepting applications for E-1 Treaty Trader and E-2 Treaty Investor visas. This follows the James N. Inhofe National Defense Authorization Act for Fiscal Year 2023’s ratification in December 2022, which acknowledged Portugal as a party to a treaty. The launch of the program is highly anticipated and well received by Luso-American business and legal coalitions.
Nationals of certain nations with which the United States has an international agreement, treaty of commerce and navigation, or that has been recognized as a qualifying nation by law (a treaty country) may enter the country on an E-1 visa for treaty traders in order to conduct international trade through a U.S. business. The treaty investor may possess 50% or more of the more of the business or own a majority of the business along with other treaty country nationals.
When a treaty country national invests in a U.S. business that they or other treaty country nationals control a majority stake in, they are eligible for admission to the United States under the E-2 visa for treaty investors. A limited number of qualified workers who share the nationality of the U.S. investment enterprise may also be awarded E-1 and E-2 visas.
There are numerous noteworthy advantages to the E visa category.
Spouses of E visa holders may work “incident to status,” meaning that they can start working as soon as they enter the country.
Unlike the L-1 visa for intracompany transferees, an E visa holder is not required to maintain a foreign affiliate company in existence.
Unlike the H-1B, there is no legal limit on the total number of visas granted each year.As long as the applicant remains eligible, E visas are renewed indefinitely.
