At a Glance
Portuguese nationals can use the E-2 treaty investor visa, available to them since March 15, 2024, as well as EB-5, O-1A, EB-1A and the National Interest Waiver.
Portuguese companies expanding to the United States can also transfer managers and executives on the L-1.
Samper Law advises Portuguese clients nationwide in Portuguese and English, with Lidice Samper, Esq. leading the legal strategy and Gerardo Kloss working alongside her on structure and source of funds.
Is Portugal an E-2 Treaty Country?
Yes.
Portugal appears on the State Department treaty country list for both E-1 and E-2. Public Law 117-263, enacted in December 2022, made Portuguese nationals eligible, and the State Department began issuing E visas to them on March 15, 2024.
A Portuguese citizen may apply for E-2 status to develop and direct a U.S. business in which they have made a substantial investment, provided at least 50 percent of the business is owned by Portuguese nationals.
A person who acquired Portuguese nationality through a financial investment must have been domiciled in Portugal for at least three years before E visa eligibility.
State Department treaty country list | Accurate as of October 22, 2026
Comparing Your U.S. Routes
| Route | What it is | When it fits | Status |
|---|---|---|---|
| E-2 Treaty Investor | Renewable nonimmigrant visa to develop and direct a U.S. business in which you have made a substantial investment that is at risk. | You are a national of a treaty country and want to run your own U.S. business without a green card requirement. | Open, since March 15, 2024 |
| EB-5 Immigrant Investor | Green card based on a qualifying investment in a U.S. enterprise that creates at least 10 full time jobs, directly or through a regional center. | You want permanent residence for yourself, your spouse and unmarried children under 21 and can document a lawful source for the full investment. | Open |
| O-1A Extraordinary Ability | Nonimmigrant visa for individuals with extraordinary ability in business, science, education or athletics. | You are a founder or executive with a documented record such as significant funding, press, awards, judging or high compensation. | Open |
| EB-1A Extraordinary Ability | Self petitioned green card for individuals with sustained national or international acclaim. No employer or job offer is required. | Your record already meets at least three of the ten regulatory criteria and shows you are among the small percentage at the top of your field. | Open |
| EB-2 National Interest Waiver | Green card that waives the job offer and labor certification when your proposed work has substantial merit and national importance. | You hold an advanced degree or exceptional ability and have a credible plan for work that benefits the United States. | Open |
| L-1 Intracompany Transfer | Visa for managers, executives and specialized knowledge staff of a foreign company opening or expanding a related U.S. office. | You have worked for the foreign company for at least one continuous year in the last three, and it will keep operating abroad. | Open |
Source of Funds From Portugal
Whether the route is E-2 or EB-5, the investment has to be traced to a lawful source. For Portuguese investors the record usually includes the following.
Banking records
Statements from the Portuguese and other European accounts that held the funds, with the records of the sale, salary, dividend or loan that produced them.
Tax filings
IRS returns filed with the Autoridade Tributária, and the escritura for any property sale that generated the funds.
Currency transfer documentation
SWIFT confirmations and the bank's record of each conversion from euros to dollars.
The general EB-5 and E-2 paper trail, from origin of funds to the U.S. account, is set out in EB-5 Source of Funds: Build the Paper Trail Before You Wire.
Frequently Asked Questions
Is Portugal an E-2 treaty country?
Yes. Portuguese nationals have been eligible for E-1 and E-2 visas since March 15, 2024, according to the State Department treaty country list.
I became Portuguese through an investment route. Can I apply for an E-2?
Possibly, but timing matters. Federal law requires anyone who acquired treaty nationality through a financial investment to have been domiciled in that country for at least three years before E visa eligibility. If your Portuguese nationality followed a Golden Visa or another investment based residence, we review the facts before you invest.
Can my spouse work in the United States on an E-2?
Yes. The spouse of an E-2 investor is authorized to work incident to status, and children under 21 may attend school.
Does Samper Law work in Portuguese?
Yes. Consultations, document review and client communication are available in Portuguese and English.
ATTORNEY ADVERTISING. General information only; not legal advice and does not create an attorney client relationship. Treaty status and agency policy can change; confirm with counsel before you invest. Prior results do not guarantee a similar outcome.