Should Portuguese Nationals be Eligible for Nonimmigrant Visas if Similar Visas Are Available to Americans in Portugal? (H.R. 565)

What is H.R. 565?

(Updated December 15, 2019)

This bill — the Advancing Mutual Interests and Growing Our Success (AMIGOS) Act — would make Portuguese nationals eligible for E-1 and E-2 nonimmigrant visas if the government of Portugal provides similar nonimmigrant status to U.S. nationals. An E-1 visa is for individuals entering the U.S. to engage in international trade, and an E-2 visa is for individuals investing a substantial amount of capital in the U.S. Both are limited to nationals from countries that have a treaty of commerce and navigation with the United States.

Argument in favor

Portuguese nationals who want to make investments in the U.S. or conduct trade in the U.S. should be allowed to do so, and making them eligible for E-1 and E-2 visas will help in this regard.

Argument opposed

There are fewer than 500 Portuguese nationals who’d take advantage of E-1 and E-2 visas each year, so this bill would affect so few people, it’s not worth Congress’ time to deliberate on.

Impact

Portuguese nationals looking to do business or make investments in the U.S.; non-immigrant E-1 and E-2 visas for Portuguese nationals; and Portugal.

Cost of H.R. 565

Based on the small number of people affected by this bill, the CBO estimates that this bill would have an insignificant effect on the budget in each year over the 2020-2029 period.

Additional Info

In-Depth: Sponsoring Rep. David Cicilline (D-RI) — who represents a significant Portuguese population in Rhode Island’s First District — reintroduced this bill from the 115th Congress to grant Portuguese citizens eligibility for E-1 and E-2 Visas: 

“The United States has no better friend than the country of Portugal. Rhode Islanders know this better than most. The members of our thriving Portuguese American community make rich contributions to the fabric of our state in the arts, culture, business, and public service. I’m proud to introduce this legislation today. As we move ahead, it’s important that we build on the strong ties between our two countries.”

When Rep. Cicilline introduced this bill in the 115th Congress, his spokesman, Rich Luchette, said: 

“Given the longstanding and close ties between the United States and Portugal, we should encourage greater investment and trade between our two countries by adding Portugal to the list of countries eligible for E-1 and E-2 investor visas. However, both of these E-class visas require that a treaty exist between the United States and the principal foreign national’s country of citizenship. Most EU countries had pre-existing bilateral investor treaties with the United States before joining the union, however Portugal did not… Congress has previously stepped in to grant E-1 and E-2 visa benefits in the absence of a bilateral treaty, passing legislation in 2012 to include Israel.”

Luchette also observed that the U.S. and Portugal are major trading partners, as the U.S. became Portugal’s largest trading partner outside the European Union in 2015, when bilateral trade reached $4.2 billion (a 30% increase over 2010).

This legislation passed the House Judiciary Committee by voice vote with the support of seven bipartisan House cosponsors, including six Democrats and one Republican, in the 116th Congress. 

Last Congress, this legislation had 15 bipartisan House cosponsors, including 13 Democrats and two Republicans. Its Senate companion, sponsored by Sen. Sheldon Whitehouse (D-RI), had one Senate cosponsor, Sen. Orrin Hatch (R-UT).

Of Note: The Congressional Budget Office (CBO) estimates that under this bill, up to 500 Portuguese nationals would be in the U.S. as E-1 or E-2 nonimmigrants at any time.

The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the U.S. maintains a treaty of commerce and navigation) to be admitted to the U.S. for up to two years solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

The E-2 nonimmigrant classification allows a national of a treaty country (defined as “a country with which the U.S. maintains a treaty of commerce and navigation”) to be admitted to the U.S. for up to two years when investing a substantial amount of capital in a U.S. business.

Media:

• Sponsoring Rep. David Cicilline (D-RI) Press Release
  
• The Herald News (Coverage in 115th Congress)
  
• CBO Cost Estimate