[Congressional Record Volume 165, Number 196 (Monday, December 9, 2019)]
[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.

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