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On December 23, 2022, the White House passed a new bill, the National Defense Authorization Act for Fiscal Year 2023 (H.R. 7776/NDAA), which includes modifications to the E-2 Visa process.

As part of the new bill, the following policies were issued:

  • Portugal is now designated as an E-treaty country.

  • Individuals who have acquired citizenship in an E-treaty country through a financial investment must have been domiciled in that country for “a continuous period of not less than three years at any point before applying for an E nonimmigrant visa.”

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

To view the White House statement, please click here.


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