top of page
  • Matthew Kolodziej

Amendments to “E” Immigration Visa Categories

A new bill that was signed into law by the Biden Administration, effective December 27, 2022, has implemented significant changes to the “E” immigration visa categories. The bill has (1) added Portugal as a new E-treaty country and (2) amended eligibility for the visa, now requiring that people who have been granted their E visa qualifying citizenship through a “financial investment” to actually be continuously domiciled in the country for three (3) years prior to applying for an E-2 visa. It is worth noting that while the meaning of “domicile” potentially varies by country of nationality, it could mean physical residency.

By way of background, the E-2 visa is a nonimmigrant visa for investors and entrepreneurs who make a substantial investment in a new or existing bona fide U.S. business. This visa is only available for investors who are citizens of countries – such as Australia, Turkey, Grenada, Portugal, the United Kingdom, and Canada, among many others – that have a treaty with the United States.

After immediately obtaining citizenship in an E-2 treaty country with short processing times like Grenada, Turkey, and Montenegro, some investors from non-treaty countries like China or India have utilized their secondary citizenship with a treaty nation to then qualify for E-2 visas in the United States. In many cases, these investors then apply for an E-2 visa while the processing of their EB-5 visa – a U.S. immigrant visa for investors – is pending. The amendment appears to be targeting investors who are obtaining citizenship from such E-2 treaty countries through secondary citizenship for the sole purpose of qualifying for an E-2 visa.

Overall, this bill may result in the curtailment of the demand for citizenship-by-investment in certain E-2 treaty nations. If you have any questions about your immigration applications, please feel free to click here and reach out to us.


All rights reserved. All content of this blog is the property and copyright of Jia Law Group and may not be reproduced in any format without prior express permission.

Contact for more information or to seek permission to reproduce content. This blog is intended for general information purposes only. It does not constitute legal advice. The reader should consult with knowledgeable legal counsel to determine how applicable laws apply to specific facts and situations. Blog posts are based on the most current information at the time they are written. Since it is possible that the laws or other circumstances may have changed since publication, please call us to discuss any action you may be considering as a result of reading this blog.





bottom of page