The United States has long been a magnet for entrepreneurs, offering a range of visas for foreign investors to live and grow their businesses in the country. Among these, the E-2 Investor visa stands out as a versatile option, allowing individuals from treaty countries to invest and manage businesses in the U.S. In December 2022, Portugal was added to the U.S. Department of State's E-2 Treaty Country List, marking a new opportunity for eligible entrepreneurs, particularly Brazilians with Portuguese citizenship.
This development, which took effect in Portugal in April 2024, opens a door for Brazilians who qualify for Portuguese nationality. With Portugal’s addition, more Brazilian entrepreneurs can access the E-2 visa and pursue business ventures in the U.S., avoiding the restrictive options they previously faced.
A New Path for Portuguese and Brazilian Entrepreneurs
For Brazilians who hold Portuguese citizenship or can obtain it, the E-2 visa is now a practical option. Until recently, Brazilian nationals had limited pathways to establish businesses in the U.S., relying on more complex options like the L-1 Intracompany Transferee visa, which is less flexible and more scrutinized. However, many Brazilians have Portuguese citizenship or qualify through ancestry or residency in Portugal, making the E-2 visa an appealing alternative.
Benefits of the E-2 Visa for Brazilians
The E-2 visa provides a wealth of benefits for investors, including:
To qualify for the E-2 Investor visa, applicants must meet several requirements:
As of April 2024, the U.S. Embassy in Portugal and the U.S. Consulate in São Paulo, Brazil, have started accepting E-2 visa applications. The process generally involves submitting an application to the E-Visa Unit, followed by an in-person interview approximately three months later. Upon approval, visas are issued within three to five business days. For Portuguese nationals, the visa is valid for five years, with the option to renew indefinitely, provided eligibility is maintained.
Conclusion
With Portugal’s inclusion in the E-2 Treaty List, Brazilian entrepreneurs with dual Portuguese nationality now have a simpler, more accessible route to investing in the U.S. business landscape. The flexibility, family benefits, and indefinite renewability make the E-2 visa an attractive choice for those looking to establish or expand businesses in the U.S. This change opens a new chapter for Brazilian entrepreneurs eager to take advantage of the dynamic opportunities in the American market.
Pros and Cons Summary:
Pros:
This development, which took effect in Portugal in April 2024, opens a door for Brazilians who qualify for Portuguese nationality. With Portugal’s addition, more Brazilian entrepreneurs can access the E-2 visa and pursue business ventures in the U.S., avoiding the restrictive options they previously faced.
A New Path for Portuguese and Brazilian Entrepreneurs
For Brazilians who hold Portuguese citizenship or can obtain it, the E-2 visa is now a practical option. Until recently, Brazilian nationals had limited pathways to establish businesses in the U.S., relying on more complex options like the L-1 Intracompany Transferee visa, which is less flexible and more scrutinized. However, many Brazilians have Portuguese citizenship or qualify through ancestry or residency in Portugal, making the E-2 visa an appealing alternative.
Benefits of the E-2 Visa for Brazilians
The E-2 visa provides a wealth of benefits for investors, including:
- Flexibility: It supports a wide range of investment types and businesses, offering entrepreneurs more freedom in selecting their ventures.
- Affordable Investment Threshold: While the exact amount varies, investments typically start around USD $100,000.
- Non-Traditional Employment: Entrepreneurs can work in their own businesses without needing to be a traditional employee.
- Family Benefits: Spouses receive unrestricted work authorization, and children under 21 can accompany the E-2 investor to the U.S.
- Indefinite Renewability: The visa can be renewed indefinitely as long as the business remains compliant with E-2 requirements.
- Potential Green Card Path: Though not a direct route to permanent residency, the E-2 visa can open doors for other immigration options.
To qualify for the E-2 Investor visa, applicants must meet several requirements:
- Nationality: The investor must be from a country with an E-2 treaty with the U.S., like Portugal, and hold at least 50% ownership in the business.
- Substantial Investment: A significant capital investment must be made in a real and operational U.S. business.
- Business Operation: The company must produce goods or services for profit and contribute positively to the U.S. economy.
- Direct Involvement: The investor must develop, direct, or hold an executive or essential role in the business.
- Non-Immigrant Intent: Applicants must intend to leave the U.S. once their E-2 status expires.
As of April 2024, the U.S. Embassy in Portugal and the U.S. Consulate in São Paulo, Brazil, have started accepting E-2 visa applications. The process generally involves submitting an application to the E-Visa Unit, followed by an in-person interview approximately three months later. Upon approval, visas are issued within three to five business days. For Portuguese nationals, the visa is valid for five years, with the option to renew indefinitely, provided eligibility is maintained.
Conclusion
With Portugal’s inclusion in the E-2 Treaty List, Brazilian entrepreneurs with dual Portuguese nationality now have a simpler, more accessible route to investing in the U.S. business landscape. The flexibility, family benefits, and indefinite renewability make the E-2 visa an attractive choice for those looking to establish or expand businesses in the U.S. This change opens a new chapter for Brazilian entrepreneurs eager to take advantage of the dynamic opportunities in the American market.
Pros and Cons Summary:
Pros:
- Flexible investment options across a range of business types
- Reasonable investment amounts starting around $100,000
- Family benefits, including work authorization for spouses and residency for children
- Indefinite visa renewability if criteria are met
- Potential pathway to a green card
- Requires Portuguese nationality, which may limit access for some Brazilian entrepreneurs
- Substantial investment required without a fixed minimum
- Application process can take several months
- E-2 visa does not directly lead to permanent residency (green card)