[Congressional Record Volume 165, Number 192 (Tuesday, December 3, 2019)]
[House]
[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.

                          ____________________