E-2 Visa for Brazilians with Italian or Portuguese Citizenship in 2026

Can a Brazilian with Italian or Portuguese citizenship get an E-2 visa?

Yes. A Brazilian who also holds Italian or Portuguese citizenship can apply for the E-2 Treaty Investor visa as an Italian or Portuguese national, because E-2 eligibility follows the nationality of the passport you apply with, not your country of birth or residence. Brazil itself is not an E-2 treaty country, so Brazilian nationality alone does not qualify. Italy and Portugal are both treaty countries: Italian nationals have had the E-2 since 26 July 1949, and Portuguese nationals since 15 March 2024.

This is why so many Brazilian families search for "visto E2 para italianos": an Italian or Portuguese passport that a family already holds can open a US route that Brazilian nationality cannot. The passport opens the door; it does not determine the outcome. The investment, the business and your role in it are assessed exactly as for any other Italian or Portuguese applicant, and approval is discretionary. Our E-2 Treaty Investor visa page sets out the full legal requirements.

One point of scope before we continue. Italian and Portuguese citizenship are acquired under Italian and Portuguese law, by descent or otherwise, and this article assumes you already hold that citizenship and a valid passport when you apply; it does not cover how either citizenship is obtained. Whether you may keep Brazilian nationality alongside another one is a question of Brazilian law. Other nationalities follow their own law, and some countries remove the original nationality automatically when a citizen acquires another one, so check your home country's rules before you act.

Is Brazil an E-2 treaty country?

No. Brazil does not appear in the treaty table of the US State Department's Foreign Affairs Manual, 9 FAM 402.9-10, which consular officers apply when they assess an E visa application. Without a treaty of commerce and navigation, or an equivalent agreement, between the United States and a country, its nationals cannot obtain an E-2 visa on that nationality, whatever the size of the investment. Italy and Portugal are in the table, for both the E-2 investor visa and the E-1 trader visa.

The treaty date does not change how a case is assessed today. An Italian application and a Portuguese application follow the same E-2 rules, even though the Italian treaty is more than seventy years older. What can differ by nationality is the validity of the visa in your passport and any reciprocity fee, which the State Department sets country by country. Our article on the E-2 treaty country list shows every eligible nationality with its date.

Which passport do I use if I am a dual national?

You apply with the Italian or the Portuguese passport, and you use that nationality consistently. Under 9 FAM 402.9-4(B), a dual national must choose which nationality to use for the E visa, and the owner and all E visa employees of the company must hold that nationality and present themselves as nationals of that country for all E visa purposes involving the company. A Brazilian and Italian dual national therefore applies as an Italian national, and the US company must qualify as an Italian-owned enterprise.

Three practical consequences follow:

• Residence does not matter. You can live in São Paulo, Lisbon, Milan or anywhere else. An Italian national living in Brazil applies as an Italian national.
• The place of incorporation does not matter. The nationality of a business is the nationality of its individual owners. A company registered in Italy but owned by Brazilian-only nationals is not an Italian enterprise for E-2 purposes.
• One nationality per company. If you hold both Italian and Portuguese citizenship, you choose one of them for the company's E visa file and keep to it.

Does the business need majority Italian or Portuguese ownership?

The US business must be at least 50 percent owned by nationals of the same treaty country whose nationality you use. If you apply as an Italian national, Italian nationals must own at least 50 percent; if you apply as a Portuguese national, Portuguese nationals must. The rule is set out in 9 FAM 402.9-6(F), and the USCIS E-2 page states the same requirement.

This matters for Brazilian families, because ownership is counted by nationality, person by person:

• Brazilian-only family members do not count. If your spouse holds only Brazilian nationality, the shares registered in your spouse's name do not count towards the 50 percent.
• Green card holders do not count. Shares owned by US lawful permanent residents are not counted, even if the holder also has the treaty nationality.
• Two treaty nationalities are not added together. The 50 percent must be held by nationals of one treaty country. The one shared case the Foreign Affairs Manual describes is an enterprise owned and controlled equally, 50/50, by nationals of two treaty countries, for example Italian and Portuguese partners; employees of either nationality may then obtain E visas for that company.
• Holding companies are looked through. Where one company owns another, the officer looks through each layer of ownership to the individual owners.

You must also be in a position to develop and direct the enterprise. This is normally shown through at least 50 percent ownership, but it can also be shown through operational control, for example a managerial position or another corporate device. A management title alone is not enough if you do not and will not control the business.

How much does an E-2 visa cost for an Italian or Portuguese national?

The E-2 has no legal minimum investment. The Foreign Affairs Manual states that no set dollar figure constitutes a minimum amount of investment (9 FAM 402.9-6(D)). Instead, a proportionality test applies: the lower the total cost of the business, the higher the share of that cost your investment must represent. The capital must be irrevocably committed and at risk, it must come from documented lawful sources, and the business must not be marginal, which means it must have the capacity to generate more than a minimal living for you and your family, or to make a significant economic contribution. Our guide to the E-2 minimum investment explains how this test works in practice, and our article on buying a US franchise for the E-2 applies it to franchise investments.

What are the government fees?

As of 12 October 2026, the US government fees recorded on our E-2 page are:

• At a consulate: the visa application (MRV) fee for the E category is USD 315, under 22 CFR 22.1, plus any reciprocity (issuance) fee that applies to your nationality. The reciprocity entries for Italian and Portuguese nationals are set on the State Department's reciprocity schedule and are checked case by case when your file is prepared.
• Change of status inside the US: Form I-129 for E classification costs USD 1,015 on paper or USD 965 online, or USD 510 for a small employer with 25 or fewer full-time employees or a nonprofit, under the USCIS fee schedule G-1055, edition dated 7 October 2026. The Asylum Program Fee is listed on the I-129 at USD 600, or USD 300 for a small employer and USD 0 for a nonprofit; your attorney confirms how it applies where your own company is the petitioner. Optional premium processing costs USD 2,965, and USCIS then acts on the petition within 15 business days.

The legal fee of the independent attorney and Mirabello's advisory fee are separate from these government fees, and the largest cost by far is the investment in the business itself.

If you hold an Italian or Portuguese passport and would like a first, honest view of whether your planned business can meet these tests, book a free consultation with Mirabello Consultancy, or ask Mira, by Mirabello, for a first orientation. We advise and coordinate; an independent licensed US immigration attorney prepares and files the application.

Can my Brazilian spouse and children come with me?

Yes. Under 9 FAM 402.9-9, the spouse and unmarried children under 21 of an E-2 investor are entitled to derivative E-2 status, and their nationality may not be material. Your spouse and children therefore do not need Italian or Portuguese citizenship themselves: Brazilian-only family members can also qualify. Family members who hold a treaty nationality receive visas under the reciprocity schedule of their own nationality, or for the period of the principal's visa or stay if that is shorter; family members of a non-treaty nationality, such as Brazilian-only children, follow the principal's schedule.

• Spouse: a spouse in E-2 status is employment authorised incident to status, and may work for any employer. The spouse may still request a work permit.
• Children: unmarried children under 21 may live and study in the US, but they may not work and are not eligible for a work permit.
• Turning 21: a child who turns 21 generally loses E-2 derivative eligibility and must change to another status or leave the US, so families with teenagers should plan this early.

Remember the difference between family status and ownership: your Brazilian spouse can join you as an E-2 derivative, but shares held in your spouse's name do not count towards the 50 percent Italian or Portuguese ownership.

Where do I apply for the E-2 visa?

Most E-2 investors apply for the visa at a US embassy or consulate abroad. You complete the DS-160 online application with the E visa supplement, submit the document package, and attend an interview at the US embassy or consulate that serves you. Some US posts process E visas in dedicated units, and procedures and waiting times differ from post to post, so the responsible post and its current instructions are confirmed case by case when your file is prepared. You apply as an Italian or Portuguese national, with that passport, wherever you file.

The second route is a change of status inside the US: if you are already in the US lawfully in another status, an attorney can file Form I-129 with USCIS, and USCIS acts on the petition. This route grants status, not a visa in your passport, so a later trip abroad usually still requires a consular visa.

How long does it take?

There is no single official processing time. Building the business plan, making the investment and preparing the evidence usually take longer than the consular step itself, and appointment times vary by post. On the change-of-status route, premium processing means USCIS acts on the I-129 within 15 business days.

How long is the E-2 valid, and does it lead to a green card?

If approved, an E-2 admission is for a maximum initial stay of two years, and extensions are granted in increments of up to two years, with no limit on the number of extensions while the business continues to qualify and you keep the intention to leave when your E-2 status ends. The validity of the visa in your passport is a separate matter, set per nationality on the reciprocity schedule.

The E-2 is a temporary, non-immigrant visa. It is not a green card, it is not permanent residence and it does not lead to US citizenship by itself. Permanent residence requires a separate immigrant category, such as the EB-5 investor green card. A filed or approved immigrant petition may not, by itself, be the reason for refusing an E visa, but you must still intend to depart when your E status ends. Our article on green card options from the E-2 explains the separate routes.

The E-2 is also different in nature from a European golden visa. A European residence-by-investment permit, such as Portugal's, gives residence in that country, while the E-2 gives temporary US status tied to an active business. Our overview of the best golden visa programmes covers the European options.

Is the E-1 treaty trader visa also open to Italians and Portuguese?

Yes. Italy and Portugal also have E-1 Treaty Trader provisions, in force on the same dates as their E-2 provisions. The E-1 Treaty Trader visa suits a business that already carries on substantial trade, with more than 50 percent of its international trade between the United States and the treaty country. It requires no investment, but it does require that existing trade, so it fits established trading companies rather than new ventures.

What if I hold only Brazilian nationality?

If you hold only Brazilian nationality, the E-1 and E-2 are not available to you, but several US routes are open to every nationality. The EB-5 investor green card is based on investment, the O-1 visa is for individuals with extraordinary ability, and the L-1A visa is for executives and managers of an existing company abroad that opens or expands a US office. The EB-1A green card also requires extraordinary ability, while the EB-2 National Interest Waiver is based on an advanced degree or exceptional ability, which is a different standard. Our US immigration overview compares all of these routes.

Mirabello Consultancy advises and coordinates; an independent licensed US immigration attorney prepares and files the application, and approval is discretionary, with the consular officer or USCIS acting on each case.