On December 15, 2022, Congress passed the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (H.R. 7776/NDAA). The NDAA contained two immigration-related provisions that impact E visa eligibility.
Section 5901 makes two important changes to eligibility for E visas:
- Portugal has been designated as a treaty country therefore Citizens of Portugal are now eligible to apply for the E-2 Visa
- Individuals who have acquired citizenship through financial investment must have been domiciled in that country for “a continuous period of not less than 3 years at any point before applying for an E nonimmigrant visa.” Therefore, if you have a secondary Citizenship solely through investment in that country, you will now have to have been domiciled there for 3 years prior to applying for an E-2 visa.
Note: This residency requirement does not apply to individuals who has previously been granted E nonimmigrant status. However, this provision will limit use of "Citizenship by Investment" programs of countries, such as Grenada, that have enabled investors who acquire citizenship in a treaty visa country to obtain E-2 nonimmigrant visas while awaiting availability of an immigrant visa. These provisions are expected to take effect once the bill has been signed by the President, which will likely be within the next week.
