The E-2 visa is one of the most attractive alternatives for Portuguese citizens - and Brazilians with dual citizenship - who wish to undertake business and reside legally in the United States. 

This is a non-immigrant visa, based on trade and navigation treaties signed between the US and certain countries, including Portugal. Portugal's inclusion in this treaty in 2023 opened a new door for investors looking for opportunities in the American market without the need to obtain a Green Card.

Let's find out more about the visa and how it can be important for Portuguese citizens who want to do business in the USA.

It's a non-immigrant visa focused on investors from countries with which the US has trade treaties - such as Portugal. It allows the applicant:

  • Invest in a business in the USA (new or existing)
  • Reside legally in the country while running this business
  • Bring your spouse and children under the age of 21 (the spouse can legally work in the USA)

Although temporary, the E-2 can be renewed indefinitelyas long as the business remains active and viable.

Main requirements

To qualify, the applicant must:

  • Be Portuguese citizen (valid Portuguese passport)
  • Make a substantial investment in a business in the USA - there is no fixed minimum amount, but something between US$ 100 thousand and US$ 200 thousanddepending on the sector2
  • Have operational control of the business (i.e. being the active manager)
  • Prove that the business will generate profit and create jobs for Americans
  • Demonstrate that the funds invested are legitimate and traceable

The E-2 visa allows Portuguese investors and their families to legally resident in the USA as long as the business is active and complies with the program's requirements. This means:

  • The investor can live in any American stateas long as the business is located and operating in the country.
  • The visa can be renewed indefinitelyas long as the enterprise remains viable.
  • The initial stay is usually up to 5 yearswith the possibility of extension in 2-year cycles.

Although it doesn't grant permanent residency (green card), the E-2 works in practice as a long-term visa - and many investors live in the US for decades with it.

Working in the USA on an E-2 visa

E-2 visa holders can:

  • Work legally in the business you created or acquired - he must be the active manager of the company.
  • Exercising executive or supervisory functionsor work in technical areas that are essential to the company's operation.
  • Cannot work for other companies that are not linked to the visa.

What's more:

  • O investor's spouse can apply for a work permit (EAD) and work for any company in the USAno restrictions on sector or function.
  • Children under 21 can reside and study legally in the USA, but do not have a work permit.

Practical advantages of living and working with the E-2

  • Migratory stability with the possibility of continuous renewal
  • Family integration: spouse with professional freedom and children with access to American education
  • Geographical flexibilityyou can live anywhere, as long as the business is operating

Favorable business environment: the US offers support to foreign entrepreneurs, with access to credit, infrastructure and a robust consumer market

The E-2 visa is a powerful alternative for families who want to undertake business and live in the USA with legal security and quality of life. 

The E-2 visa allows the investor to take the visa with them:

  • Legal spouse (officially married, regardless of gender)
  • Unmarried children under 21

These dependents receive E-2 derivative visawith validity and conditions linked to the main investor's visa.

Rights of the spouse

The spouse of the E-2 visa holder must legal right to work in the USA. To do this, he can request a Employment Authorization Document (EAD) with the USCIS. With this document, the spouse can:

  • Working in any company or sectorwithout restrictions
  • Open your own business, if you wish
  • Contribute to the family income and integrate into the American market

This is one of the great advantages of the E-2 over other temporary visas, which often don't allow the spouse to work.

Children's rights

Children under 21 and unmarried can:

  • Legally resident in the USA
  • Study in public or private schools
  • Getting into American universitieswith the possibility of paying as a state resident in some cases

However, they do not have a work permit while they are E-2 dependents. When they turn 21, they need to change status.

Necessary family documentation

To include dependents, you must present:

  • Marriage certificate (with sworn translation, if applicable)
  • Children's birth certificates
  • Valid passports for all family members
  • Proof of family ties and financial dependence

Practical advantages of family coverage

  • Facilitates the transition to the USA as a family nucleus
  • Allows double incomesince the spouse can work
  • Guarantees access to American education for their children
  • Offers migratory stabilitywith the possibility of continuous renewal

The E-2 visa for Portuguese citizens offers a privileged international mobility, ideal for those who want to do business in the USA without giving up the freedom to come and go. 

The E-2 visa is issued with multiple entriesThis means that the holder can:

  • Enter and leave the United States as many times as you likefor the duration of the visa
  • Traveling to other countries and return to the USA without the need for a new visa, as long as the E-2 is valid
  • Keeping international commitmentssuch as meetings, events or family visits, without compromising their migratory status

This is especially useful for businesspeople who need to move between Brazil, Portugal and the USA frequently.

Validity and permanence

  • The E-2 visa for Portuguese nationals is usually issued with a validity of up to 5 years
  • With each entry into the USA, the investor receives residence permit for up to 2 years
  • Even if your visa expires during your stay, it is possible to remain legally until the end of the authorized period

If the investor leaves the USA and returns with a valid visa, a new 2-year period is automatically granted.

Flexibility for dependents

  • O spouse and children also receive multiple-entry visas
  • Spouses can travel separately and working legally in the USA with authorization (distance learning)
  • Children can study and move around freely, as long as they respect age and status limits

Practical tips for taking advantage of this flexibility

  • Keep your Portuguese passport valid at all timesbecause the E-2 visa is linked to it
  • Avoid staying outside the USA for long periodsas this may raise doubts about their real involvement with the business
  • Renew your visa in advanceespecially if you intend to travel frequently

The E-2 visa is notable precisely for a wide range of business opportunities that it allows you to explore in the United States. Unlike other types of visa, it is quite flexible in terms of the sector in which you operate, as long as the investment is substantial and the business is real, active and has the potential to generate profit and jobs. 

What characterizes an E-2 eligible business

To be accepted under the E-2 visa, the business must:

  • Be commercial and operational (it can't just be a passive investment)
  • Have potential for growth and job creation
  • Demand direct investor involvement in management
  • Being legally registered and licensed in the USA

Most common types of business among E-2 investors

1. Franchises

  • Popular option because it offers a tested business model and support from the franchisor
  • Examples: coffee shops, gyms, laundromats, fast-food chains, pet shops
  • Ideal for those looking for security and structure ready

2. Own business

  • Restaurants, cafés, retail stores, beauty clinics, consultancies, marketing agencies
  • Allows greater creative freedom and total control
  • Requires solid business plan and experience in the sector

3. Buying existing businesses

  • Lower initial risk, as the business already has a financial history and clientele
  • It requires rigorous due diligence to assess feasibility and compliance

4. Startups and technology

  • Possible, as long as there is adequate capitalization and expansion plan
  • Ideal for entrepreneurs with an innovative profile and a long-term vision

5. Specialized services

  • Cleaning, maintenance, landscaping, logistics, executive transportation companies
  • Sectors with high local demand and low entry barrier

Promising sectors in 2025 for E-2 investors

Sector Opportunity
Healthy eating Cafés, restaurants and delivery with a focus on well-being
Pet care Pet shops, dog day care centers, grooming services
Health and aesthetics Beauty clinics, spas, alternative therapies
Education and languages Tutoring schools, language courses, early childhood education
Tourism and hospitality Guest houses, travel agencies, vacation rentals
Services for the elderly Home care, assisted transportation, community centers
Sustainability Businesses focusing on recycling, solar energy, ecological products

Tips for choosing the right business

  • Rate your skills and previous experience
  • Search for local demand in the region where you want to invest
  • Consider the level of daily involvement that the business requires
  • Consult a immigration lawyer and an accountant to validate the structure

In short, the E-2 visa offers broad palette of entrepreneurial possibilitiesThese range from traditional businesses to innovative sectors. The key is to choose something that matches your profile and meets the viability criteria required by the migration authorities.

Although the E-2 is not an immigrant visa, the success of the business and staying in the US can open the door to other visa options or even a green card in the future, such as the E-2 visa. EB-1 (for individuals with extraordinary abilities) or EB-5 (investor visa for permanent residence), depending on the growth of the business and the profile of the investor.

The E-2 visa represents a strategic door for Brazilians with Portuguese citizenship who wish to undertake business and live legally in the United States. Although Brazil does not have a trade treaty with the USA - which prevents native Brazilians from accessing this visa - Portuguese citizenship changes the scenario completely.

The treaty between the US and Portugal: the turning point

Since the FRIENDS Act in December 2022, Portugal is now on the list of countries with a trade and navigation treaty with the USA. This means that Portuguese citizens - including those who have acquired citizenship by naturalization or descent - are entitled to an E-2 visa2.

What this means for Brazilians with Portuguese passports

For Brazilians who have dual citizenship (Brazilian and Portuguese), the benefit is direct:

  • You can apply for an E-2 visa with a Portuguese passporteven if you live in Brazil
  • They do not need to be resident in Portugal to qualify
  • They gain access to an investor visa valid for up to 5 years, renewable indefinitely
  • You can bring your spouse and children under the age of 21with extended benefits (such as a work permit for your spouse)

Why is the E-2 advantageous for this profile?

  • Requires less investment than EB-5 (generally from US$ 100 thousand)
  • Faster and less bureaucratic process
  • Allows you to live and work in the USA while running your own business
  • Does not require previous permanent residence in Portugal or the USA
  • Flexible and renewableThis works in practice like a long-term visa

Practical example

Imagine a Brazilian with Portuguese citizenship who decides to open a coffee shop in Miami. He invests US$ 150,000, presents a solid business plan and proves the origin of the funds. With that, he can:

  • Obtaining an E-2 visa
  • Taking the family
  • Working legally in your own business
  • Renew the visa while the business is active

In short, the E-2 visa is a strategic advantage for Brazilians with Portuguese passportsIt offers access to one of the world's most promising markets with legal security, mobility and real opportunities for personal and professional growth.

The E-2 visa is presented as a strategic, practical and affordable alternative for those who want to become entrepreneurs, reside legally and build a new life in the United States. For Brazilians with Portuguese citizenship, it represents the chance to turn international plans into reality, with a secure and renewable migratory structure, without the requirement of a Green Card.

In addition to allowing investors to live and work in the USA managing your own business, the E-2 offers concrete benefits for the whole familyThe spouse has the freedom to work with a work permit and the children have full access to the American education system. Flexibility for enter and leave the country as many times as you likecombined with the possibility of successive renewalsIt guarantees stability and mobility.

Another strong point is the diversity of business opportunities that the visa covers. From franchises and restaurants to specialized services and startups, investors are free to choose the model that best fits their profile, as long as it meets the required criteria - such as direct involvement and the potential to generate income and jobs.

Sources used and recommended:

G1 - The E-2 visa could be the opportunity for Brazilians and Portuguese to live in the United States. https://thesocial.vip/gmT

Simple Portugal - E-2 visa for Portuguese: what you need to know. https://thesocial.vip/yJR

Bicalho, Legal Consulting - Portuguese citizens can benefit from the E-2 visa for the United States. https://thesocial.vip/kEM

Global Citizens Solution - American E-2 visa: The definitive guide by experts. https://thesocial.vip/Cpg