December 3, 2019 - Issue: Vol. 165, No. 192 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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ADVANCING MUTUAL INTERESTS AND GROWING OUR SUCCESS ACT; Congressional Record Vol. 165, No. 192
(House of Representatives - December 03, 2019)
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[Pages H9189-H9191] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] ADVANCING MUTUAL INTERESTS AND GROWING OUR SUCCESS ACT Mr. CICILLINE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 565) to include Portugal in the list of foreign states whose nationals are eligible for admission into the United States as E1 and E2 nonimmigrants if United States nationals are treated similarly by the Government of Portugal, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 565 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Mutual Interests and Growing Our Success Act'' or the ``AMIGOS Act''. SEC. 2. NONIMMIGRANT TRADERS AND INVESTORS. For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal shall be considered to be a foreign state described in such section if the Government of Portugal provides similar nonimmigrant status to nationals of the United States. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Rhode Island (Mr. Cicilline) and the gentleman from Virginia (Mr. Cline) each will control 20 minutes. The Chair recognizes the gentleman from Rhode Island. General Leave Mr. CICILLINE. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend remarks and include extraneous material on the bill under consideration. [[Page H9190]] The SPEAKER pro tempore. Is there objection to the request of the gentleman from Rhode Island? There was no objection. Mr. CICILLINE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the AMIGOS Act is a bipartisan bill that I introduced, along with the gentleman from California (Mr. Costa), my colleague, to encourage greater investment and trade between the United States and Portugal. H.R. 565 makes Portuguese nationals eligible for E-1 and E-2 nonimmigrant visas if the Government of Portugal provides similar nonimmigrant status to U.S. nationals. Access to these investor visas will allow Portuguese investors to support projects in the United States, which will benefit our economy as well as that of Portugal. As one of the first countries to recognize the United States after the Revolutionary War, Portugal is one of our closest economic partners and strongest allies. Today, the United States maintains that longstanding relationship as the fifth largest export market for Portugal and its largest trading partner outside of the European Union. I am proud to represent the First District of Rhode Island, home to one of the country's largest and most vibrant Portuguese communities, a community that has made outstanding contributions in the arts, culture, business, and public service in this country for many decades. From 2010-2015, we saw a 30 percent increase in trade between the United States and Portugal. 2015 also marked the year that the United States became Portugal's largest trading partner outside the European Union, with bilateral trade reaching $4.2 billion. Bilateral trade in goods and services between the United States and Portugal has continued to grow, with a 9 percent increase from $8 billion in 2018 when compared to just a year earlier. There are currently over 130 American companies operating in Portugal in a wide range of economic sectors, including pharmaceutical, chemical, technology, banking, and health sectors. In 2018, the United States' direct investment position in Portugal was $2.8 billion, an increase of 37 percent from 2017. The direct investment position from Portugal in the United States, however, experienced a 3.5 percent decrease to $1 billion from 2017 to 2018. While the majority of the countries within the European Union had preexisting bilateral investor treaties with the United States before joining the EU, Portugal did not and is one of the only five EU countries whose citizens are not currently eligible for E-1 or E-2 visas. In the absence of a bilateral treaty, which Portugal cannot enter due to the rules of the European Union, Congress has the power to authorize E-1 and E-2 benefits to other countries; and we have exercised our authority to do so for both Israel in 2012 and New Zealand just last year. I am pleased to lead the effort to do the same for Portugal. Foreign direct investment plays a significant role in the U.S. economy. One of the most important factors in encouraging investments in the United States is the availability of business-related visas, like nonimmigrant E-1 and E-2 visas. Allowing Portuguese citizens access to conduct substantial trade between the United States and Portugal or invest a substantial amount of capital in the United States to qualify for nonimmigrant E-1 and E-2 visas will help strengthen U.S.-Portugal ties and promote an increase in Portugal's investments in the United States. Extending visas to Portugal not only gives Portuguese businesses an opportunity to invest in the United States, but it is a mutually beneficial relationship that promotes jobs in both countries and growth in United States businesses and our economy. {time} 1600 I am proud to lead this effort to support our ally and friend, Portugal. I want to thank Chairman Nadler for his strong support of this legislation and for bringing this bill to the floor today. I encourage all of my colleagues to support H.R. 565, the AMIGOS Act. Mr. Speaker, I reserve the balance of my time. Mr. CLINE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, as the gentleman said, currently the nationals of 84 countries are eligible for E-1 and/or E-2 status. During fiscal year 2017, about 48,000 E-1 and E-2 visas were issued. In the past, countries became eligible for these programs through treaties signed with the U.S. However, in 2003, the Judiciary Committee reached an understanding with the U.S. Trade Representative that no immigration provisions were to be included in future trade agreements. Henceforth, legislation would be required to add countries. This bill would make Portuguese nationals eligible for E-1 and E-2 visas. Mr. Speaker, I yield back the balance of my time. Mr. CICILLINE. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, I urge my colleagues to support this legislation, which will strengthen the really important and historical relationship between the United States and Portugal, which will help to promote economic growth in both of our countries, lead to the creation of good paying jobs, and really strengthen the long and important economic relationship between our two great countries. Mr. Speaker, I yield back the balance of my time. Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 565, ``The Advancing Mutual Interests and Growing Our Success Act'' or AMIGOS Act. Despite deep ties with Portugal, it remains one of only five EU countries whose citizens are ineligible for E-1 and E-2 visas. Under the Immigration and Nationality Act, nationals of countries with which the United States maintains a treaty of commerce and navigation may be admitted temporarily to the United States to engage in international trade, an E-1 visa, or to develop and direct an investment enterprise, E-2 visa. E-1 and E-2 visas may be granted to individual traders and investors or to employees of organizational traders and investors. Applicants for E-1 and E-2 visas must generally demonstrate the existence of a bilateral treaty of commerce and navigation between the applicant's country of nationality and the United States. Some treaties allow for the admission of both E-1 and E-2 nonimmigrants, while others allow for the admission of only E-1 or E-2 nonimmigrants. In addition, the visa applicant must be a national of the treaty country. If the applicant is an employee of an organizational trader or investor, both the applicant and the organization must possess the nationality of the treaty country. The nationality of the organization is determined by the nationality of the individual owners--at least 50 percent of the organization must be owned by nationals of the treaty country. The enterprise must be more than marginal and must generate income beyond that which is required to provide a minimal living for the investor and their family. An individual investor must be coming to the United States to develop and direct the business. An applicant who is an employee of an organizational trader or investor must be coming to the United States to fulfill an executive or supervisory position or possess skills that are essential to the firm's U.S. operations. Spouses and minor children accompanying or following to join the principal E-1 or E-2 nonimmigrant will be admitted for the same period of stay as the principal trader or investor. Congress has the ability to take action to improve the historical relationship between the United States and Portugal. If H.R. 565 is enacted, Portuguese nationals would become eligible for E-1 and E-2 visas, but only after an agreement for reciprocal treatment between Portugal and the United States is finalized. In 2012, Congress passed--and the president signed into law--H.R. 3992 to permit Israeli nationals to participate in the E-2 treaty investor program. However, Israeli nationals did not have the ability to apply for E-2 visas until May 1, 2019, when an agreement with Israel was finalized and took effect. It was favorably reported by the House Judiciary Committee without amendment by voice vote; passed by the House on motion to suspend the rules (371 to 0) and passed by the Senate, without amendment, by Unanimous Consent. Similarly, S. 2245, the ``Knowledgeable Innovators and Worthy Investors (KIWI) Act,'' became law on August 1, 2018, but New Zealanders were unable to apply for E-1 and E-2 visas until June 10, 2019 when an agreement for reciprocal treatment took effect. It was Discharged by the Senate Judiciary Committee by Unanimous Consent and passed by the Senate without amendment by Unanimous Consent; passed by the House on motion to suspend the rules by voice vote. The last two bills to add countries to the E-1 and E-2 visa programs passed Congress without controversy. [[Page H9191]] Portugal is a longstanding United States ally, with ``bilateral ties dating from the earliest years of the United States, when Portugal recognized the United States in 1791 following the Revolutionary War.'' The United States is also Portugal's largest trading partner outside the European Union (EU), with bilateral trade in goods and services reaching $8 billion in 2018, a 9 percent increase from the previous year. Similarly, U.S. direct investment in Portugal reached $2.1 billion in 2017, with U.S. companies playing a significant role, investing in the Portuguese banking, pharmaceutical, and chemical industries. Both countries have also agreed to a bilateral income tax agreement to prevent double taxation. Portuguese participation in the E-1 and E-2 visa programs will deepen an already strong bilateral trade and investment relationship, and benefit business communities in both countries. Mr. Speaker, I urge my colleagues to join me in supporting H.R. 565, ``The Advancing Mutual Interests and Growing Our Success Act'' or AMIGOS Act. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Rhode Island (Mr. Cicilline) that the House suspend the rules and pass the bill, H.R. 565, as amended. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. A motion to reconsider was laid on the table. ____________________
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