Advancing Mutual Interests and Growing Our Success Act

Floor Speech

Date: June 22, 2021
Location: Washington, DC
Issues: Trade Immigration

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Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2571) to include Portugal in the list of foreign states whose nationals are eligible for admission into the United States as E- 1 and E-2 nonimmigrants if United States nationals are treated similarly by the Government of Portugal and to otherwise modify the eligibility criteria for E visas, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 2571

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES.

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. MODIFICATION OF ELIGIBILITY CRITERIA FOR E VISAS.

Section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended--

(1) in the matter preceding clause (i)--

(A) by inserting ``(or, in the case of an alien who acquired the relevant nationality through a financial investment and who has not previously been granted status under this subparagraph, the foreign state of which the alien is a national and in which the alien has been domiciled for a continuous period of not less than 3 years at any point before applying for a nonimmigrant visa under this subparagraph)'' before ``, and the spouse''; and

(B) by striking ``him'' and inserting ``such alien''; and

(2) by striking ``he'' each place such term appears and inserting ``the alien''. SEC. 4. 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.

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Mr. NADLER. 2571.

Mr. Speaker, H.R. 2571, the Advancing Mutual Interests and Growing Our Success Act, or AMIGOS Act, would allow citizens of Portugal to participate in the E-1 and E-2 visa programs for traders and investors if Portugal provides reciprocal treatment to U.S. citizens.

The E-1 Treaty Trader program provides temporary visas to individuals or employees of firms that engage in substantial trade with the United States.

The E-2 Treaty Investor program provides visas to individuals so that they can develop and direct the operations of an enterprise in which they have invested a substantial amount of capital.

The United States became Portugal's largest trading partner outside the European Union in 2015. Bilateral trade between our counties is growing at a rapid pace, from $4.2 billion in 2015 to $8.9 billion in 2019.

Unlike most European Union countries, Portugal did not have a bilateral treaty with the United States before joining the European Union. Now, despite being one of our closest allies and closest economic partners, they are one of only five European Union countries whose citizens are not eligible for E-1 and E-2 visas.

This is a bipartisan measure that we can all support. The bill simply would expand opportunities for Portuguese citizens to invest in the United States, facilitate trade, and create jobs for U.S. workers.

The bill also strengthens the E visa programs by ensuring that individuals who obtain the nationality of a treaty country through an investment-based visa have sufficient ties to their new country of nationality before they can qualify for an E-1 or E-2 visa.

Mr. Speaker, I thank the gentleman from Rhode Island (Mr. Cicilline) for championing this issue and working across the aisle to build consensus on this legislation. H.R. 2571 will improve our economy and strengthen our ties with an important and longstanding ally.

Mr. Speaker, I urge my colleagues to support the bill, and I reserve the balance of my time.

Mr. BISHOP of North Carolina.

Mr. Speaker, I rise in support of H.R. 2571, the Advancing Mutual Interests and Growing Our Success Act, or the AMIGOS Act.

The bill makes nationals of Portugal eligible for E-1 and E-2 nonimmigrant visas, as long as Portugal allows reciprocal visas for U.S. nationals. E-1 visas are temporary visas available for treaty traders, and E-2 visas are available for treaty investors.

As stated in the Immigration and Nationality Act, these visas are available to aliens who are ``entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which the alien is a national, and their spouse and children solely to either carry on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state of which the alien is a national, or to develop and direct the operations of an enterprise in which the alien has invested a substantial amount of capital.''

Alien employees of treaty traders and treaty investors may receive visas if they are coming to the United States ``to engage in duties of an executive or supervisory character; or, if employed in a lesser capacity, if they have special qualifications that make the services to be rendered essential to the efficient operation of the enterprise.''

E-1 and E-2 visa holders may be admitted initially for a period of 2 years, and can apply for extensions in 2-year increments.

The U.S. has entered into treaties of commerce since at least 1815, when we entered into a Convention to Regulate Commerce with the United Kingdom. Currently, the nationals of 82 countries are eligible for E-1 and/or E-2 visa status.

During fiscal year 2020, almost 26,800 E-1 and E-2 visas were issued, down because of the pandemic from roughly 50,000 during fiscal year 2019.

While the AMIGOS Act passed the House last Congress, the version we are considering today is somewhat different. The updated text includes language, added at the request of Senator Lee from Utah, aimed at preventing abuse of the E visa program whereby an individual essentially purchases citizenship in a U.S. trade treaty country simply to be eligible to get a U.S. E visa. Specifically, the language requires that an alien be domiciled in the U.S. trade treaty country for at least 3 years before the individual can apply for an E visa.

I thank Senator Lee for his commitment to ensuring the integrity of our visa programs.
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Mr. NADLER. Mr. Speaker, the AMIGOS Act is bipartisan legislation that would improve our economy and strengthen our ties with an important and longstanding ally.

Mr. Speaker, I urge all Members to support the bill, and I yield back the balance of my time.

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