We are thrilled to announce a significant development for Luso-American business and legal communities: the United States Embassy in Lisbon, Portugal, is now ready to accept E-1 Treaty Trader and E-2 Treaty Investor visa applications. This milestone follows the December 2022 enactment of the James N. Inhofe National Defense Authorization Act for Fiscal Year 2023, officially recognizing Portugal as a treaty country.
What This Means for Portuguese Entrepreneurs and Traders
The recognition of Portugal as a treaty country opens new doors for Portuguese nationals looking to expand their business ventures into the United States. The E-1 and E-2 visas provide unique opportunities for those wishing to engage in substantial trade or invest in U.S. enterprises.
E-1 Treaty Trader Visa: The E-1 visa is designed for nationals of countries with which the U.S. maintains a treaty of commerce and navigation or an international agreement, or that have been legislatively deemed qualifying countries. This visa allows Portuguese nationals to enter the U.S. to engage in substantial trade, primarily involving goods, services, or technology, between the U.S. and their home country. Key features of the E-1 visa include:
Trade Requirement: The trade must be substantial, meaning a continuous flow of sizable international trade items.
Ownership Criteria: The trader must own at least 50% of the U.S. trading business or possess significant control over it along with other nationals from the treaty country.
Employee Eligibility: Certain employees of the trading business who share the same nationality as the primary trader may also qualify for the E-1 visa.
E-2 Treaty Investor Visa: The E-2 visa is tailored for nationals from treaty countries who are investing substantial capital in a U.S. business. This visa is particularly advantageous for those seeking to establish or purchase a business in the United States. Key aspects of the E-2 visa include:
Investment Requirement: The investment must be substantial and sufficient to ensure the successful operation of the business.
Ownership Criteria: The investor must own more than 50% of the U.S. enterprise or have operational control over it along with other nationals from the treaty country.
Employee Eligibility: Similar to the E-1 visa, key employees of the investment enterprise who share the investor’s nationality may also be eligible for the E-2 visa.
Benefits for Luso-American Businesses
The acceptance of E-1 and E-2 visa applications by the U.S. Embassy in Lisbon is a significant boon for Luso-American business alliances. It fosters closer economic ties and facilitates smoother business operations and expansions across the Atlantic. Portuguese companies and entrepreneurs now have a streamlined pathway to engage in international trade and investment with the U.S., further strengthening the economic partnership between the two nations.
Next Steps for Interested Applicants
For Portuguese nationals interested in exploring these visa options, it is advisable to:
Consult with Legal Experts: Engage with immigration attorneys specializing in E-1 and E-2 visas to ensure all eligibility criteria are met and the application is thorough and compliant with U.S. regulations.
Prepare Comprehensive Documentation: Gather all necessary documents, including proof of trade or investment, a visa business plan, financial statements, and evidence of ownership or control.
Schedule Visa Appointments: Have your immigration attorney contact the U.S. Embassy in Lisbon to schedule an appointment and submit the visa application.
The new E-1 and E-2 visa application acceptance at the U.S. Embassy in Lisbon marks a promising development for Portuguese businesses and entrepreneurs eager to expand their horizons in the United States. This initiative not only enhances bilateral economic relations but also provides valuable opportunities for growth and collaboration in the global market.
Stay tuned to our blog for more updates and detailed guidance on navigating the E-1 and E-2 visa application process.
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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