Citizens of Portugal can now apply for E-2 visas. Currently E-2 visas that are granted to Portuguese citizens are valid for five years and can be used for unlimited travel to and from the US.
As a reminder, E-2 visas allow investors and certain employees to travel to the US to direct, develop or work for US companies that are controlled by nationals of a country that has a relevant treaty with the US. In the case of Portugal, the Advancing Mutual Interests and Growing our Success (AMIGOS) Act was signed in December 2022. However, the consular department of the US Embassy in Portugal only finalized implementation of the AMIGOS Act a few weeks ago and is now finally accepting applications for E-2 visas.
The US Embassy in Portugal designates US companies under the following tier system:
- Tier 1: More than 250 employees or annual financial statement greater than $50 million
- Tier 2: 10-250 employees or annual financial statement $10-50 million
- Tier 3: Less than 10 employees or annual financial statement less than $10 million
Despite that tier system, it is important to note that US companies in all three tiers may be eligible to register as an E-2 company. With those tiers in mind, the E-2 visa categories used by the US Embassy in Portugal are as follows:
- E2-N: The US company is (a) a tier 3 company or (b) has not had an E-visa approved at the US Embassy on Portugal over the past five years (tier 1) or three years (tier 2)
- E2-ROI: The visa applicant is the owner or investor of the US company and is renewing an E-visa that was issued at the US Embassy in Portugal
- E2-R: The visa applicant is the principal applicant and is renewing an E-visa that was issued at the US Embassy in Portugal (except for E2-ROI renewals for direct owners/investors, described in the bullet above)
- E2-A: The visa applicant is an additional employee (of a US company that already had an E-visa approved at the US Embassy in Portugal) who is applying for a first E-visa
- E2-D: The visa applicant is seeking a first or renewal visa and is the spouse or unmarried child under the age of 21 of a principal applicant who had an E-visa already approved
The basic requirements for E-2 visas apply at the US Embassy in Portugal, including:
- Substantial investment
- Non-marginality
- Real and operating commercial enterprise
However, the documentary evidence needed for E-2 visa applications submitted to the US Embassy in Portugal depends on the tier designation (1, 2, 3) and the E-2 visa category (N, ROI, R, A, D).
To learn more about E-2 visas, schedule an E-2 visa consultation with our law firm.
