E-2 Visa for Portuguese Citizens: Available Since March 15, 2024

Portuguese citizens can apply for the E-2 treaty investor visa, which became available to them on March 15, 2024. Portugal gained both E-1 and E-2 status through Public Law 117-263, signed December 23, 2022, once the State Department confirmed that Portugal gives U.S. nationals similar treatment. In FY2024, the first partial year, 28 E-2 visas were issued to Portuguese nationals.

How did Portugal become an E-2 country?

Most E-2 countries qualify through an old commerce treaty or a bilateral investment treaty. Portugal did not have one. Instead, Congress used the same approach it had used for Israel and New Zealand: legislation that grants E status to a country’s nationals if that country provides similar status to U.S. nationals.

The Foreign Affairs Manual records the details in footnote 17 to the treaty table at 9 FAM 402.9-10: Public Law 117-263, enacted December 23, 2022, accorded Portuguese nationals E-1 and E-2 status on condition of reciprocity, the State Department confirmed Portugal offers similar status to U.S. nationals, and E visas may be issued to Portuguese nationals beginning March 15, 2024.

Country	How E-2 status was granted	Available since
Israel	Public Law 112-130 plus reciprocity	May 1, 2019
New Zealand	Public Law 115-226 plus reciprocity	June 10, 2019
Portugal	Public Law 117-263 plus reciprocity	March 15, 2024

The same 2022 law also added the three-year domicile rule for people who acquire treaty nationality through a financial investment, which mainly affects citizenship-by-investment passports from countries such as Grenada and Turkey.

Why were only 28 E-2 visas issued to Portuguese nationals in FY2024?

The U.S. government’s fiscal year 2024 ran from October 1, 2023 to September 30, 2024, so Portuguese nationals could apply for only about six and a half months of it. New treaty countries also take time to build volume: investors need to find a business, commit funds and prepare a case. The figure includes principals, employees and family members. Later fiscal years are the better guide to demand.

Who qualifies through Portugal?

The E-2 follows citizenship. You qualify through Portugal if you are a Portuguese national, wherever you live. This opens the E-2 to several groups who did not have it before:

• Portuguese citizens in Portugal who want to buy or open a U.S. business.
• Dual nationals in non-treaty countries. People who hold Portuguese citizenship by descent or naturalization alongside the citizenship of a non-treaty country, such as Brazil or Venezuela, can now apply as Portuguese nationals. See the list of countries not eligible for the E-2.
• Dual nationals of two treaty countries, who can choose Portugal or the other nationality. Whichever you choose, the U.S. business must be at least 50% owned by nationals of that country, and E-2 employees must share it. See E-2 ownership rules.

Portuguese residence alone does not qualify. A golden visa or other residence permit gives you no E-2 rights. If you naturalized after a residence program tied to an investment, ask your attorney whether the domicile rule could be applied to your case; we have not seen settled guidance on that point.

What are the E-2 requirements for Portuguese investors?

Portuguese applicants meet the same rules as every treaty nationality, set out in INA 101(a)(15)(E)(ii), 8 CFR 214.2(e) and 9 FAM 402.9:

1. Ownership. At least 50% Portuguese ownership, with you owning at least 50% or holding operational control.
2. Substantial investment. No legal minimum. The investment is compared with the total cost of buying or opening the business, and lower-cost businesses require a higher share. See E-2 minimum investment.
3. At risk and committed. Funds spent or irrevocably committed; an acquisition held in escrow pending the visa can count.
4. Real and operating. An active for-profit business, not passive holdings.
5. Not marginal. Capacity to do more than support your family, generally within five years, or a significant economic contribution.
6. Intent to depart when your status ends.

Our complete E-2 requirements guide explains each element.

E-1 or E-2 for Portuguese companies?

Portugal received E-1 treaty trader status on the same date. A Portuguese company that already trades substantially with the U.S., with more than half of its international trade between the two countries, may qualify its owners and key staff for the E-1 without a new U.S. investment. Exporters of wine, cork, food products, textiles, footwear and technology services often fall into this category. If you are building or buying a U.S. operating business, the E-2 is the usual route. See E-2 vs E-1.

Where do Portuguese citizens apply?

Portuguese residents apply through the U.S. Embassy in Lisbon. Check the embassy website for its E visa instructions, package format and interview scheduling, since E visa procedures at newly eligible posts can be refined over time.

Since September 6, 2025, applicants generally must apply in their country of nationality or legal residence. A Portuguese citizen living legally in Brazil, the UK or France may apply there. Expect an in-person interview.

The steps:

1. Form DS-160 for each applicant (principal investors answer the E-specific questions inside it; employees also file Form DS-156E).
2. The $315 MRV fee per applicant, plus any reciprocity fee shown for Portugal.
3. A tabbed, indexed evidence package with proof of Portuguese nationality, ownership, investment, source of funds and the business plan.
4. The interview and, if approved, visa issuance.

Visa validity for Portuguese nationals is set by the reciprocity table on travel.state.gov. Each admission gives up to two years, renewable. Portuguese citizens already in the U.S. in valid status can change status through USCIS on Form I-129.

Business types for Portuguese investors

In our experience, Portuguese and Luso-Brazilian investors look at:

• Portuguese bakeries, cafes and restaurants, particularly near established Portuguese-American communities in Massachusetts, Rhode Island, New Jersey and California,
• import and distribution of Portuguese wine, olive oil and food products with real U.S. warehousing and staff,
• construction, remodeling and stone work,
• software development and IT consultancies with U.S. clients and U.S. hires,
• franchises and acquisitions of established U.S. businesses.

Florida and Texas are also popular with investors relocating from Brazil on Portuguese passports. See the best businesses for the E-2.

Family members and practical points

• Spouse. A spouse of any nationality, including a Brazilian spouse without Portuguese citizenship, receives E-2 derivative status. The spouse is authorized to work incident to status, and the I-94 shows class E-2S.
• Children. Unmarried children under 21 receive E-2Y status. They can attend school and university but cannot work, and need their own status at 21. See E-2 for spouses and children.
• Source of funds. Funds can come from Portugal, Brazil or anywhere else, as long as the source is legal and the path to the U.S. business account is documented, including currency conversions from euros or reais.
• Taxes. Moving to the U.S. generally makes you a U.S. tax resident. Portugal and the U.S. have an income tax treaty, so take cross-border advice before selling assets or moving money.

Next steps

If you hold Portuguese citizenship and are considering a U.S. business, start with our E-2 eligibility checker and book a consultation. We help choose or build the business, write the business plan and organize the investment evidence, and we coordinate with your independent immigration attorney, who files the case.