On December 23, 2022, President Biden signed into law the James M. Inhofe National Defense Authorization Act (NDAA). Pursuant to the NDAA, Portuguese nationals may apply for E nonimmigrant visas but only if Portugal provides similar nonimmigrant status to National of the US. If the Government of Portugal does not provide such similar visas to US citizens, Portuguese nationals will not be eligible for E visas.

The NDAA also modified existing law for persons who seek E visas based on acquisition of nationality of treaty eligible countries based on investment. If a foreigner acquires nationality of a treaty country through financial investment, he or she must be domiciled in that country for a continuous period of not less than 3 years before becoming eligible to apply for an E visa. This only applies to new E visa applications. Those who have existing E visas based on acquisition of nationality through investment should not be subject to this requirement.

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