Congress passed the James N. Inhofe National Defense Authorization Act for Fiscal Year 2023 (“NDAA”) on December 15, 2022 and it makes two important changes to eligibility for E visas:
- Portugal has been designated as a treaty country, which means that Portuguese passport holders are now eligible to obtain E-1 and E-2 visas as Treaty Traders and Treaty Investors.
- Individuals who have acquired citizenship through 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.” This new domicile requirement does not apply to existing or previous E visa holders. It also does not apply to dual nationals who hold treaty country nationality through other pathways, including citizenship by descent.
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