Visa Lawyer Blog: U.S. Embassy Lisbon & Sao Paulo accepts treaty investor applications for Portuguese citizens as of April 2024

The E-2 visa is a very popular visa because it allows the company to sponsor other nationals from the treaty country as employees. To qualify, an investment must be made into a U.S. company, the investor must hold at least 50% of the ownership interests, and the company must meet the E-2 visa requirements.

The E-2 visa is a very popular visa because there is no limit to the number of times the visa can be renewed, and it allows the company to sponsor other nationals of the treaty country as employees.

The addition of Portugal to the E-2 visa program presents a unique opportunity for Portuguese entrepreneurs to establish and grow their own businesses in the United States, while giving spousal dependents the opportunity to work for any employer in the United States.

It also presents an exciting opportunity for Brazilians who hold dual nationality with Portugal to participate in the program, as well as those who can obtain Portuguese citizenship through ancestry, legal residence, or by other lawful means.

Key Benefits of the E-2 visa program for Portuguese nationals

By law, the E-2 visa does not require any minimum investment amount and instead focuses on whether the investment is proportional based on the nature of the business. In most cases, entrepreneurs invest anywhere from $50,000 to $100,000 in their businesses.

E-2 treaty investor visas for Portuguese nationals are valid for five years and can be renewed indefinitely so long as the E-2 eligibility criteria are met.

• Spouses and unmarried children under the age of 21 can apply for E-2 dependent visas to accompany the E-2 principal investor in the United States. Spouses are eligible for work authorization and can work for any employer in the United States.
• Processing times for an E-2 visa interview at the U.S. Embassy in Lisbon can vary, but applicants can generally expect to be called for an interview approximately three months after submitting their application. Upon approval, visas are typically issued within three to five business days.
• Brazilians who hold dual nationality with Portugal can apply for the E-2 visa at the U.S. Consulate in Sao Paulo, the designated adjudicating post in Brazil for E-2 Treaty Country nationals.
• E-2 Application Process
• The application process for an E-2 treaty investor visa varies from Consulate to Consulate, however as a general matter applicants must assemble their cases according to the Consulate’s specific requirements, submit such documentation via the designated electronic mail address, and wait for the Consulate to complete review of the application.

Once the review process has been completed, the Consulate will notify the applicant when they can schedule an in-person interview at the U.S. Embassy.

E-2 Visa Requirements

The E-2 Investor visa is a non-immigrant visa that allows individuals from treaty countries to enter the United States to invest in and manage their businesses. To qualify for an E-2 visa, investors must meet several key requirements:

Nationality: The applicant must be a national of a country that has a qualifying E-2 treaty with the US and must own at least 50% of the company.

Investment: The applicant must invest a substantial amount of capital in a bona fide US business. The investment must be sufficient to ensure the success of the company.

• Real and Operating: The E-2 company must be a real and operating company, generating goods or services for a profit.
• Marginality: The E-2 company must generate more than enough income to provide a living to the applicant. There should be a positive financial impact on the US economy and the business must hire U.S. workers.
• Develop and Direct: The principal E-2 investor/applicant must be coming to develop and direct the E-2 company, or serve in an executive, managerial or essential skills role.
• Non-immigrant Intent: The E-2 investor/applicant must have the intention of departing the U.S. upon termination of E-2 status.
• One of the core requirements of the E-2 visa is to demonstrate lawful source of the funds being invested in the U.S. business. The applicant must provide documentary evidence to prove the source of funds. For instance, if the source of funds derives from proceeds from the sale of property, the investor must provide evidence of his or her initial purchase and subsequent sale of the property along with documentary evidence showing the funds in their possession.
• Another substantial portion of the application process involves incorporating the U.S. business entity, transferring the funds to the U.S. business bank account, and demonstrating that the business is real and operating. This is done by demonstrating that the funds have already been allocated to the company (e.g. documentary evidence of expenses for the lease of the business premises, purchase of inventory/equipment/assets, payroll expenses, marketing expenses, and any other expenses made to make the business operational).

Conclusion

With the addition of Portugal to the E-2 treaty investor program, new opportunities have been unlocked for Portuguese and dual nationals to invest in and manage their business in the United States.

The flexibility of E-2 visas, along with its myriad benefits such as enabling spouses to join the U.S. workforce, and the ability renew visas indefinitely, offers a long-term pathway for investors and entrepreneurs to live and work in the U.S.

If you are interested in learning more about what the E2 visa has to offer, we invite you to contact our office to get started today.

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