Non-Immigrant Visa
E-2 — Treaty Investor
⚠️ Brazil is NOT an E-2 treaty country. Brazilians can only apply via dual citizenship (Italy, Portugal, Spain, France, etc.). With the right passport, it's one of the best routes — renewable indefinitely, spouse works, kids go to school.
Brazil is not an E-2 treaty country
This is the first thing you need to understand — and what most Portuguese-language sites hide to sell you consulting. Brazilians can't get E-2 with a Brazilian passport alone.
The good news
If you hold dual citizenship with a treaty country (Italy, Portugal, Spain, France, Argentina, Paraguay, Japan, and others), the path is open. Many Brazilians of Italian, Portuguese, Spanish, Japanese, or German descent qualify.
E-2 treaty countries with relevant flow for Brazilians
- Italy (Brazil→Italy jus sanguinis is common)
- Portugal (Sephardic law; simplified naturalization)
- Spain (democratic memory law, Sephardic descent)
- Argentina (Mercosur + descent)
- Paraguay (border dual nationals are common)
- Japan (Japanese-Brazilian descent)
- Germany (German descent, select cases)
- Switzerland, France, Netherlands, UK (rare but possible)
E-2 requirements
- 1Treaty-country citizenship (must show passport, not just birth record)
- 2Substantial investment — no legal minimum, typically $100k+
- 3Investment at risk — funds actually committed, not promised
- 4Non-marginal enterprise — capacity to employ Americans beyond yourself
- 5Direction/development role — you run the business, not employed by it
- 6Intent to depart at end of E-2 (non-immigrant, though indefinitely renewable)
Why E-2 is powerful (for those who can use it)
- Renewable indefinitely while the business operates
- Spouse receives open work authorization (E-2S category)
- Children may attend public school
- Fast approval (consular 2–4 months typical)
- Smaller investment than EB-5
E-2 does not lead directly to a green card
E-2 is non-immigrant. To transition to a green card later: EB-5 ($800k+), EB-1C (if company qualifies and you're exec/manager), EB-2 NIW (if professional profile fits), or marriage to a US citizen.
Therefore
Planning the exit from E-2 from day one is part of the strategy we deliver.
Cost
| Item | Amount |
|---|---|
| Practical minimum investment | $100,000+ |
| E-2 consular fee (DS-160 + interview) | $315 |
| Pinho Law firm fees (full E-2) | $5,500–8,500 |
| US entity structuring | additional, integrated |
Frequently asked questions
Can a Brazilian get E-2?
Only with dual citizenship from a treaty country (Italy, Portugal, Spain, Japan, France, Germany, and others). Not with a Brazilian passport alone.
How do I find out if I'm eligible for Italian/Portuguese citizenship?
Italians: jus sanguinis with no generational limit if the line isn't broken by naturalization. Portuguese: Sephardic law (restricted since 2024) or simplified descent law for grandchildren. We partner with firms in Brazil and Europe.
How much do I need to invest?
No legal minimum, but typically $100k+. Smaller investments get approved but require extra documentation. Larger investments reduce RFE risk.
Does E-2 lead to a green card?
Not directly. You convert via EB-5, EB-1C, EB-2 NIW, or marriage. We plan that route from the start.
Can I renew E-2 forever?
Yes, as long as the business genuinely operates, employs Americans, and you retain direction/development role.
Can my spouse work on E-2?
Yes. E-2 spouses (E-2S category) get open work authorization and can work for any employer.
Ready to Take the Next Step?
Schedule a consultation today. We will listen, assess your situation, and give you a clear path forward — in the language you are most comfortable with.