E Visa Update for 2023

The US government made changes to the E visa rules in December 2022 that may have an impact on your eligibility. The James  M. Inhofe National Defense Authorization Act (“NDAA”) was passed on December 15, 2022 and made two noteworthy changes to the E visa eligibility in section 5901:

Portugal is now a treaty country. This means that Portuguese passport holders can apply for E-1 Treaty Trader and E-2 Treaty Investor visas. E-1 visas are for individuals intending to go to the United States to engage in trade between the United
States and Portugal. E-2 visas are for individuals who make a substantial investment into a US entity and are coming to the US to direct and develop the entity.

Visa applicants who have acquired citizenship in a designated treaty country through financial investment must now be domiciled in the treaty country for “a continuous period of not less than 3 years at any point before applying for an E nonimmigrant visa.” This recent change is placing limits on E visa applications from countries where there is a “Citizenship by Investment” program in place. Countries such as Grenada and Turkey allow nationals from other countries to acquire citizenship through financial investment. Individuals relying on these programs to be eligible for E visas to the United States will need to demonstrate their residency in the treaty country at the time of their E visa submissions. This requirement only applies to new applications and not to existing E visa holders seeking to renew their E visas.

Greenwood Hanlon Kendrick has successfully secured E visas for international applicants in different industries. We look forward to assisting Portuguese nationals with navigating the new US visa category available to them. If you have any questions about your E visa edibility, please contact us for a consultation.