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