How Adding Portugal To The U.S. Department Of State's E-2 Treaty List Could Open Doors For Eligible Brazilian Entrepreneurs - Work Visas - Immigration (2024)

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The United States has long been a beacon of opportunity andsuccess, attracting entrepreneurs and investors from around theworld.

For those looking to invest and build businesses in the US, theE-2 Investor visa offers a unique pathway to not only live and workin the country but also to thrive and expand their ventures.

In December 2022, Portugal was added to the Department ofState's coveted list of countries with E-2 Treaties, joiningover 70 other nations. Following implementation of the law inPortugal in April 2024, and more recently in Brazil, thislong-awaited development paves the way for thousands of newapplicants to seek this visa.

A New Avenue for Brazilian and Portuguese Entrepreneurs

The addition of Portugal to the treaty list is especiallysignificant for Brazilian citizens who hold or can obtainPortuguese citizenship. Until now, Brazilian entrepreneurs andbusiness owners seeking to invest or start businesses in the USfaced limited options, including the highly scrutinized L-1Intracompany Transferee visa.

While not all Brazilians have Portuguese citizenship, hundredsof thousands of Brazilians have, or can claim, Portuguesecitizenship through ancestry, legal residence in Portugal, or othermeans. This development now offers a more favorable option forBrazilian citizens.

Why Brazilians Should Consider the E-2 Visa

The E-2 visa offers several benefits, including:

• Flexibility: Allows for various types ofinvestments and businesses.
• Favorable Investment Amounts: While there isno set minimum, investment amounts begin at approximately USD$100,000.
• Non-Traditional Employment Terms: Allows theapplicant to work within their own business without being atraditional employee.
• Family Member Benefits: Spouses can benefitfrom unrestricted work authorization, and children under the age of21 can accompany the E-2 investor/applicant.
• Indefinite Renewability: The visa can berenewed indefinitely as long as E-2 eligibility criteria aremet.
• Potential Pathway to a Green Card: Thoughindirectly, the E-2 visa can pave the way for other immigrationoptions, such as the green card

Eligibility Criteria

The E-2 Investor visa is a non-immigrant visa that allowsindividuals from treaty countries to enter the US to invest in andmanage US businesses. Applicants must meet several keyrequirements:

• Nationality: The applicant must be a nationalof a country that has a qualifying E-2 treaty with the US and mustown at least 50% of the company.
• Investment: The applicant must invest asubstantial amount of capital in a bona fide US business. Theinvestment must be sufficient to ensure the success of thecompany.
• Real and Operating: The E-2 company must be areal and operating company, generating goods or services for aprofit.
• Marginality: The E-2 company must generatemore than enough income to provide a living to the applicant. Thereshould be a positive financial impact on the US economy.
• Develop and Direct: The principal E-2investor/applicant must be coming to develop and direct the E-2company, or serve in an executive, managerial or essential skillsrole.
• Non-immigrant Intent: The E-2investor/applicant must have the intention of departing the US upontermination of E-2 status.

Application Process

As of April 2024, the U.S. Embassy in Portugal has announced its readiness to accept E-2 Treatyapplicants. Additionally, Brazilians who hold dual nationalitywith Portugal can apply for the E-2 visa at the US Consulate inSao Paulo, the designated adjudicating post in Brazil for E-2Treaty Country nationals.

The process for applying for the E-2 visa varies by post,however, in both Brazil and Portugal, applicants must send theirE-2 applications directly to the E-Visa Unit at the respectivepost. An officer will review the application for E-2 eligibilityand contact the applicant to schedule an in-person interview.

Processing times for the E-2 application review process vary,but applicants can generally expect to be called for an interviewapproximately three months after submitting their application. Uponapproval, visas are typically issued within three to five businessdays.

Visas for Portuguese nationals are valid for five years and canbe renewed indefinitely so long as the E-2 eligibility criteria aremet.

Key Takeaways

The E-2 Investor visa presents a significant opportunity forPortuguese nationals and Brazilians holding dual nationality fromPortugal to invest and manage their businesses in the US.

With benefits such as flexibility, favorable investmentrequirements and family member advantages, the E-2 visa offers apractical and attractive pathway to establishing and expandingbusinesses in the US.

By meeting the eligibility criteria and navigating theapplication process, entrepreneurs can unlock new possibilities forgrowth and success in the American market.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circ*mstances.