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E-2 Investor Visa for Portuguese Citizens: Legal Path to U.S. Business Ownership

Portuguese nationals are eligible to apply for the E-2 Treaty Investor visa following the inclusion of Portugal as a treaty country under United States law in December 2022 (Public Law 117-263). Visa processing for this category began in 2024 through the U.S. Embassy in Lisbon.

The E-2 visa allows qualified Portuguese citizens to enter and reside in the U.S. for the purpose of developing and managing an active, for-profit business. Applicants must invest personal funds into a real operating enterprise and demonstrate majority ownership or operational control.

U.S. law requires the investment to be substantial and the enterprise to be more than marginal. This means the business must be capable of generating more than minimal income and have the capacity to support the investor with a realistic potential for growth. Passive or speculative investments are not eligible.

Although the E-2 visa is classified as non-immigrant, there is no maximum number of renewals. As long as the business remains viable and continues to meet regulatory requirements, the visa can be extended.

Spouses and children under 21 may apply for dependent E visas. Spouses are eligible to request employment authorization. Children may attend school in the U.S., but they cannot work.

Applications are submitted through the U.S. consular post in Lisbon and require a completed Form DS-160, supporting documentation, and an interview appointment.

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