The new bill that benefiting Portugal citizens
The AMIGOS Act
Portugal is now part of the USA E2 Visa treaty countries list. The partnership between Portugal and USA is stronger than ever. Learn more about what that means and how Portugal E2 Visa can benefit you.
The new AMIGOS (Advancing Mutual Interests and Enhancing Our Success) Act makes Portuguese citizens eligible for E2 Visa, the most popular USA investor visa. The bill was signed by President Biden on December 23, 2022, creating a stronger partnership between the US and Portugal. The goal is to grow the number of business investments and job creation in the USA by Portuguese citizens.
Portuguese-Americans and Portuguese citizens community have contributed a lot to the USA in several aspects, such as arts, culture, business, and public service. The E2 Visa aims to increase further the investment made by Portuguese in America through business.
The U.S. Embassy in Lisbon, Portugal accepts E2 visa applications for Portuguese Nationals since May 2024. This also includes E-1 Treaty Trader visa applications.
How can I benefit from this bill?
The E2 Visa is a nonimmigrant visa, one of the most sought-after visas to enter and build a business in the USA. However, the visa is only available to apply for treaty countries members, hence making it exclusive only to certain countries. Having your country’s name on the list means you are one step closer to living the American dream. You can read it here if you want to check other treaty countries.
The Portugal E2 Visa allows you to establish a new business venture or purchase and manage a pre-existing enterprise in the United States. We highly recommend investing in a franchise as it is less risky and has a higher chance of E2 Visa approval. To learn more about how to find the right profitable franchise, you can click here.
The E2 visa holders have no travel restrictions. You can travel in and out of the US for two years and have your E2 visa renewed for an unlimited number of two-year extensions for as long as your business operates and meets E2 visa requirements.
Why is E2 Visa the best visa to enter and build a business?
Besides building and expanding your business in America, there are more benefits as an E2 Visa holder:
Fast processing
You can bring your family with you under E2 Visa
Your spouse can work anywhere in the US
Free education for your children in the US public schools
No IELTS or language test
No prior education or requirements
120 days of taxation relief
No travel restriction
Indefinite visa renewal
What are E2 Visa requirements?
There are several requirements that you need to comply with before applying for Portugal E2 Visa:
You must be a citizen of treaty countries.
You must be in active investment or in the process of investing in a business in the United States.
The business must be a for-profit commercial enterprise.
The amount of investment must be substantial.
It must not be a marginal investment. Marginal investment means it does not have the capacity to generate enough income to provide for minimal living standards for you and your family.
You must own a minimum of 50% of the business.
You have to show intention to leave the United States once your E2 visa expires.
How can Immigration Business Plan help you?
We understand building a business in a new country and moving from Portugal to the USA requires a lot of work and effort.
Our mission is to help you prepare and file for an E2 Visa application that meets and exceeds the USCIS requirements.
We have a proven system and hands-on experience avoiding mistakes such as visa denials or business failures.
Our service includes a personalized approach to matching your skills and life goals with the right business, assistance in filing and preparing for an E2 Visa application, creating a business plan, and guiding you throughout the process, including the interview process.
All you need to do is to schedule a free consultation with our team by clicking here.
What defines a bona fide enterprise for the E2 visa?
A bona fide E2 enterprise isn’t just a shell on paper—it must be a real, active, profit-seeking business. Here are the core criteria:
1. Active Operations
- The company must be engaged in ongoing commercial activity (selling goods or services).
- Mere business plans or “intent to do business” don’t qualify; there must be demonstrable operations (e.g., signed contracts, sales records, office leases).
2. Profit Motivation
- Its primary purpose must be profit generation.
- Non-profit organizations or purely charitable ventures don’t meet the E2 definition.
3. Legal Compliance
- It must be properly registered and licensed in its jurisdiction.
- All local, state, and federal regulations (tax filings, permits, labor laws) should be in good standing.
4. Viability and Growth Potential
- The enterprise needs sufficient capital and a clear business plan showing it can sustain itself.
- Evidence such as cash flow projections, balance sheets, and marketing plans illustrates ongoing viability.
5. Capacity to Support the Investor (and U.S. Workers)
- The business should be more than marginal—it must have the capacity to generate more than just enough income to support the investor and family.
- Plans (or current evidence) to hire U.S. employees strengthen the case.
In practice, you’ll document this with items like operating agreements, financial statements, contracts, invoices, leases, and organizational charts—anything that proves your enterprise is real, profitable, and poised for ongoing success.
What are the requirements for E2 family members to maintain lawful status in the United States?
To remain in lawful E2 dependent (E2S/E2D) status, family members must satisfy several ongoing requirements:
- Maintain Dependency Relationship
- Be the spouse or unmarried child (under 21) of a principal E2 visa holder.
- Any change (e.g., child’s 21st birthday or divorce) terminates dependent status.
- Stay Within Authorized Dates
- Keep track of the I-94 “Admit Until” date on entry or approval notices.
- Depart the U.S. or file to extend/change status before that date to avoid lapsing.
- File Timely Extensions or Status Changes
- Use Form I-539 to request an extension of stay (or a change to another nonimmigrant status) on or before the expiration of the current I-94.
- Include proof of the principal’s valid E2 status and evidence of your qualifying relationship.
- Ensure Principal’s Ongoing Compliance
- Dependents’ status is derivative—if the principal E2 visa holder falls out of status (e.g., business closes, violates terms), dependents automatically lose lawful status.
- Avoid Unauthorized Employment
- E2 spouses and children cannot work in the U.S. without separate work authorization (e.g., an Employment Authorization Document).
- They may attend school full-time or part time.
- Keep Travel Documents Current
- Maintain a valid passport for the entire intended stay.
- If traveling abroad and re-entering, ensure you have a valid E2 visa stamp (unless you use automatic visa revalidation through Canada/Mexico).
- Update USCIS of Address Changes
- File Form AR-11 within 10 days of any change of U.S. address to remain compliant with USCIS requirements.
By carefully observing these rules, E2 dependents can preserve their lawful status and enjoy the full benefits of the E2 visa category.
What forms and additional resources are available for E2 treaty investors and employees?
Navigating the E2 process is easier when you know which forms to use and where to find reliable information:
Essential Forms
- DS-160 – The online visa application used at U.S. consulates abroad.
- DS-156E – The supplemental form detailing your investment, required for both investors and essential employees.
- I-129 – Petition for a Nonimmigrant Worker; filed in the U.S. to change or extend E2 status.
- I-539 – Application to Extend/Change Nonimmigrant Status, used by dependents to join or remain in E2 status.
- I-907 – Premium Processing Request, optional for a guaranteed 15-day USCIS response.
Helpful Resources
- VIBE Database – Department of State’s Visa Information and Business Expansion tool, for company validation and entity details.
- Treaty Country List – Official list of E2–eligible nationalities, available on the State Department site.
- USCIS E2 Visa Page – The home for filing guidance, fee schedules, and policy updates.
- Local Embassy/Consulate Websites – Country-specific instructions on scheduling, fees, and current wait times.
Using the right forms and tapping into these resources will help you stay organized, avoid common pitfalls, and focus on making your E2 venture successful.
What are special qualifications for employees under the E2 classification?
Under the E2 treaty investor category, “special qualifications” go beyond ordinary skills—they’re the expertise and abilities critical to the success of the enterprise. Key factors include:
- Advanced Expertise: The employee must possess a deep, proven mastery in their field—demonstrated through significant work experience, professional certifications, or recognized industry accomplishments.
- Unique Skill Set: Their abilities should be distinct and hard to replicate (e.g., proprietary technical know-how, specialized processes, or niche managerial techniques) rather than general business skills.
- High Market Value: Compensation levels (salary, bonuses) that reflect the rarity of the skill can underscore its importance. If the role commands a premium in the marketplace, that signals true specialization.
- Limited Domestic Availability: Skills that are scarce or unavailable in the U.S. labor market strengthen the case. The narrower the pool of qualified U.S. candidates, the more essential the foreign employee’s expertise appears.
What Doesn’t Qualify
- Common Competencies: Basic managerial experience or general business acumen alone won’t suffice.
- Language or Cultural Familiarity: Fluency in a language or understanding of a foreign market, by itself, does not meet the threshold.
By demonstrating that the employee’s qualifications are rare, highly valued, and indispensable to the enterprise’s operations, you make a compelling case for E2 “specialized knowledge” status.
What are the general qualifications required for an employee of a treaty investor to obtain E2 classification?
General qualifications for E2 treaty investor employees
To qualify for E2 status as an employee of a treaty investor, an applicant must meet several core requirements:
- Matching Nationality: The employee and the principal investor must both hold citizenship in the same treaty country.
- Valid Employer–Employee Relationship: The position must fit the legal definition of “employee,” with a clear chain of command and a documented reporting structure.
- Appropriate Role
- Executive or Managerial Capacity: The role should involve high-level decision-making authority over the enterprise or a key division.
- Specialized Knowledge: If not filling a managerial role, the employee must possess niche skills or expertise essential to the business’s core operations.
- Ownership Structure (for Corporate Employers): If the U.S. employer is a company rather than an individual, at least 50% of its ownership must belong to nationals of the treaty country, each maintaining valid E2 status.
- Demonstrated Expertise and Market Value
- Proven Track Record: Documented experience, credentials, or certifications that establish the employee’s unique qualifications.
- Labor Market Distinctiveness: Evidence that equivalent skills are scarce in the U.S. workforce—often supported by salary benchmarks or industry reports.
By satisfying these criteria, employees can establish their essential role in the treaty investor’s enterprise and secure E2 classification.
What is considered a substantive change in the terms or conditions of E2 status?
A “substantive change” in E2 status is any major alteration to the underlying relationship or business that supported the original visa grant. Key examples include:
- Change in Ownership Structure: A merger, acquisition, or sale of all or a substantial portion of the company can change who effectively controls the enterprise.
- Transfer of the Employing Entity: If the division or subsidiary that employs the E2 worker is spun off, sold, or reorganized under a different legal entity, the previously approved employer–employee relationship may no longer exist.
- Shift in Business Activities: A pivot away from the core line of business (e.g., manufacturing to retail) can alter the nature of the enterprise in ways that affect the visa basis.
- Fundamental Change in the Employee’s Role: A move from managerial/executive duties to a purely operational or lower-level position (or vice versa) can also require USCIS notification and potentially a new petition.
Any of these events—along with other significant structural or operational shifts that alter the fundamental basis of the E2 approval—must be reported to USCIS and may necessitate filing a new or amended petition to maintain lawful status.
What are the duties of an executive or supervisory character under the E2 classification?
Under E2 status, an executive or supervisor isn’t just a senior title—it’s a role defined by real leadership and decision-making authority. Here’s what that looks like in practice:
- Setting Strategic Priorities: You define the company’s direction—choosing which projects to fund, where to invest resources, and how to steer growth. Your choices shape the enterprise’s future.
- Overseeing Key Operations: You keep a close eye on core departments—whether it’s finance, marketing, production, or R&D—to make sure every team is working toward the same goals and hitting performance targets.
- Leading and Developing People: Beyond managing managers, you mentor staff, establish clear performance benchmarks, and foster a culture where teams collaborate effectively and aim higher every day.
- Allocating Resources: You decide how budgets are spent, who to hire, and how to deploy assets—striking the balance between cost-efficiency and the investment needed to scale successfully.
- Designing Policies and Processes: You create and uphold the rules of engagement—from standard operating procedures to quality-control checks—ensuring consistency, compliance, and a foundation for sustainable success.
These duties go well beyond routine supervision. They demonstrate the genuine executive or managerial capacity at the heart of the E2 classification.
How can a treaty investor or organization notify USCIS of a substantive change?
- Submit a New Petition: File an amended or new Form I-129 (Petition for a Nonimmigrant Worker), marking it as an E-2 amendment to reflect the change in corporate structure, ownership, or role.
- Pay the Required Fee: Include the current filing fee (and optional Form I-907 premium-processing fee if you need a rapid decision).
- Attach Supporting Documentation: Provide evidence demonstrating the ongoing E-2 eligibility—corporate records, updated organizational charts, revised employment contracts, financial statements, or other documents illustrating the change and continued qualification.
- Combine Extension Requests (If Needed): If you also need to extend the visa holder’s stay, indicate that on the same I-129 filing and include all extension-related documentation.
- Report Employment Termination: If the E-2 employee’s role ends, notify USCIS in writing (via a letter referencing the original receipt number) so the record remains current and compliant.
Following these steps promptly ensures USCIS has the full picture of any material changes and helps maintain lawful E-2 status without interruption.