Samantha Wolfe
Portugal’s recent addition to the U.S. Department of State’s E-2 Treaty List has created a valuable opportunity for both Portuguese citizens and Brazilians with dual citizenship. For entrepreneurs and investors seeking to expand their business horizons into the United States, this development opens a new, strategic pathway, particularly for Brazilian nationals who hold or can obtain Portuguese citizenship.
With Portugal now part of the U.S. E-2 Treaty program, qualified individuals can leverage this visa to invest in and manage a U.S. business while enjoying a host of benefits that make the E-2 visa an attractive option for foreign investors. This blog will explore what the E-2 visa entails, why this development matters for Brazilian investors, and how Portuguese and Brazilian entrepreneurs can take advantage of this new opportunity.
The E-2 Visa: A Pathway to U.S. Business Ventures
The E-2 visa is a non-immigrant visa designed for nationals of treaty countries who wish to invest in and manage a U.S. business. With the visa, the investor is allowed to live and work in the United States for the purpose of developing and directing their enterprise. Importantly, the E-2 visa can be renewed indefinitely as long as the business continues to meet the visa’s requirements, making it an appealing option for long-term investors.
While the E-2 visa does not directly provide a pathway to permanent residency (a green card), it offers tremendous flexibility in terms of investment types and business ventures. There is no fixed minimum investment amount, although successful applications typically start around USD $100,000. The business must be a real, operating commercial enterprise that can generate sufficient revenue to support the investor and any dependents.
Why Brazil Stands to Benefit
For Brazilian entrepreneurs, Portugal’s inclusion in the E-2 Treaty List has significant implications. Brazil itself is not part of the U.S. E-2 program, meaning Brazilians have had limited options for visas that allow direct business investment in the United States. Many Brazilian business owners have relied on the L-1 Intracompany Transferee Visa, which is often more complex and scrutinized.
However, with hundreds of thousands of Brazilians holding Portuguese citizenship—or being eligible to obtain it through ancestry or legal residency—this new avenue could open doors that were previously difficult to access. Portuguese citizenship now provides Brazilian entrepreneurs with the ability to apply for the E-2 visa, enabling them to invest, live, and work in the U.S. without the need to rely on more restrictive visa options.
E-2 Visa Benefits for Entrepreneurs
The E-2 visa offers several key advantages for Portuguese and Brazilian citizens:
- Business Flexibility: The E-2 visa allows a wide range of investment opportunities, from launching a new startup to acquiring an existing U.S. business.
- Family Benefits: The investor’s spouse is eligible to apply for work authorization, allowing them to work freely in the U.S., while children under the age of 21 can accompany the investor and live in the U.S.
- Indefinite Renewals: The E-2 visa can be renewed as long as the business remains viable, allowing investors to stay in the U.S. for as long as they wish to continue their business operations.
- No Fixed Investment Minimum: Unlike other visa categories that require a set investment amount, the E-2 visa has no mandatory minimum, though the investment must be substantial enough to ensure the business’s success.
Application Process and Requirements
Applying for an E-2 visa involves a thorough review of the investor’s business plan, investment, and role in the company. To qualify, the applicant must meet the following key requirements:
- Nationality: The investor must be a national of a country with an E-2 treaty with the U.S., such as Portugal, and must own at least 50% of the business.
- Substantial Investment: The applicant must have already invested or be in the process of investing a significant amount of capital into a bona fide U.S. business.
- Real and Operating Business: The enterprise must be an active commercial operation producing goods or services.
- Management Role: The investor must come to the U.S. to develop and direct the business, holding either a managerial or executive role.
- Non-Immigrant Intent: The applicant must intend to depart the U.S. once their E-2 status expires.
For dual citizens, like Brazilians with Portuguese nationality, applications can be submitted to either the U.S. Embassy in Portugal or the U.S. Consulate in São Paulo, Brazil, depending on the investor’s location.
The Unique Opportunity for Brazilians with Portuguese Citizenship
This development is especially exciting for Brazilian entrepreneurs with Portuguese dual citizenship. It provides a much more accessible route for entering the U.S. business landscape, offering both flexibility and long-term benefits. Many Brazilians who previously faced limited visa options for investment in the U.S. can now consider using their Portuguese nationality to apply for an E-2 visa and unlock new business opportunities.
Conclusion
Portugal’s addition to the U.S. E-2 Treaty List presents an exciting opportunity for both Portuguese and Brazilian entrepreneurs. The E-2 visa’s flexibility, coupled with the ability to indefinitely renew the visa, makes it a practical and appealing option for those looking to invest in U.S. businesses. For Brazilians holding dual citizenship with Portugal, this development creates a unique pathway to explore the U.S. market and grow their business ventures across borders. As more investors discover the potential of the E-2 visa, Portugal’s inclusion in the treaty list is likely to foster deeper economic ties between these nations and the U.S.
