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[Extensions of Remarks]
[Page E1561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ADVANCING MUTUAL INTERESTS AND GROWING OUR SUCCESS ACT
______
speech of
HON. SHEILA JACKSON LEE
of texas
in the house of representatives
Tuesday, December 3, 2019
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.
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.
____________________