The United States has long been a beacon of opportunity and success, attracting entrepreneurs and investors from around the world.
For those looking to invest and build businesses in the US, the E-2 Investor visa offers a unique pathway to not only live and work in the country but also to thrive and expand their ventures.
In December 2022, Portugal was added to the Department of State's coveted list of countries with E-2 Treaties, joining over 70 other nations. Following implementation of the law in Portugal in April 2024, and more recently in Brazil, this long-awaited development paves the way for thousands of new applicants to seek this visa.
A New Avenue for Brazilian and Portuguese Entrepreneurs
The addition of Portugal to the treaty list is especially significant for Brazilian citizens who hold or can obtain Portuguese citizenship. Until now, Brazilian entrepreneurs and business owners seeking to invest or start businesses in the US faced limited options, including the highly scrutinized L-1 Intracompany Transferee visa.
While not all Brazilians have Portuguese citizenship, hundreds of thousands of Brazilians have, or can claim, Portuguese citizenship through ancestry, legal residence in Portugal, or other means. This development now offers a more favorable option for Brazilian citizens.
Why Brazilians Should Consider the E-2 Visa
The E-2 visa offers several benefits, including:
- Flexibility: Allows for various types of investments and businesses.
- Favorable Investment Amounts: While there is no set minimum, investment amounts begin at approximately USD $100,000.
- Non-Traditional Employment Terms: Allows the applicant to work within their own business without being a traditional employee.
- Family Member Benefits: Spouses can benefit from unrestricted work authorization, and children under the age of 21 can accompany the E-2 investor/applicant.
- Indefinite Renewability: The visa can be renewed indefinitely as long as E-2 eligibility criteria are met.
- Potential Pathway to a Green Card: Though indirectly, the E-2 visa can pave the way for other immigration options, such as the green card
Eligibility Criteria
The E-2 Investor visa is a non-immigrant visa that allows individuals from treaty countries to enter the US to invest in and manage US businesses. Applicants 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.
- 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 US upon termination of E-2 status.
Application Process
As of April 2024, the U.S. Embassy in Portugal has announced its readiness to accept E-2 Treaty applicants. Additionally, Brazilians who hold dual nationality with Portugal can apply for the E-2 visa at the US Consulate in Sao Paulo, the designated adjudicating post in Brazil for E-2 Treaty Country nationals.
The process for applying for the E-2 visa varies by post, however, in both Brazil and Portugal, applicants must send their E-2 applications directly to the E-Visa Unit at the respective post. An officer will review the application for E-2 eligibility and 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 interview approximately three months after submitting their application. Upon approval, visas are typically issued within three to five business days.
Visas for Portuguese nationals are valid for five years and can be renewed indefinitely so long as the E-2 eligibility criteria are met.
Key Takeaways
The E-2 Investor visa presents a significant opportunity for Portuguese nationals and Brazilians holding dual nationality from Portugal to invest and manage their businesses in the US.
With benefits such as flexibility, favorable investment requirements and family member advantages, the E-2 visa offers a practical and attractive pathway to establishing and expanding businesses in the US.
By meeting the eligibility criteria and navigating the application process, entrepreneurs can unlock new possibilities for growth and success in the American market.
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