Italian Citizenship and E-2 Visa: The Pathway to Investing in the USA

Brazil does not maintain a trade and navigation treaty with the United States, which blocks Brazilian citizens from directly accessing the E-2 visa. This legal limitation especially affects Brazilian entrepreneurs and investors who wish to operate businesses in the US without the million-dollar investment required by the EB-5. The solution that has gained popularity in recent years is obtaining a second citizenship from a country that has an E-2 treaty with the US, and Italy stands out as the most accessible option for Brazilians with Italian ancestry.

The path combines two independent steps, each with its own rules and timelines: first, the recognition of Italian citizenship; then, applying for the E-2 visa as an Italian citizen. Although the complete process may take a few years, the result is one of the most flexible and accessible ways to live and work legally in the United States with a relatively low investment.

Why Brazil Is Left Out

The E-2 visa is classified as non-immigrant and is available exclusively to citizens of countries that maintain a trade and navigation treaty with the United States. Brazil has never signed this type of agreement with the US, which excludes holders of a Brazilian passport from the E-2 category. This is not a bureaucratic barrier that can be bypassed, but a legal impossibility: without a treaty, there is no legal basis for granting the visa.

This geopolitical gap has led thousands of Brazilians to seek European citizenships as a bridge to the E-2. Countries like Italy, Portugal, Spain, and Germany have active treaties with the US, but Italy stands out for allowing citizenship recognition by descent (jure sanguinis) with no generational limit, a peculiarity of Italian law that directly benefits the large Italo-Brazilian diaspora.

The Italy-US Treaty

Italy has maintained a treaty of friendship, commerce, and navigation with the United States in force since 1949. This treaty is the legal basis that allows Italian citizens to apply for both the E-1 visa (treaty trader) and the E-2 (treaty investor). All E-2 applications for Italian citizens residing in Italy are processed exclusively by the American Consulate in Rome, which is the only post authorized to adjudicate this category in the country.

The fundamental requirement is citizenship: the applicant must hold a valid Italian passport. Having permanent residence in Italy, a green card from another country, or dual nationality with a country without a treaty does not replace the requirement of citizenship from a treaty country.

Obtaining Italian Citizenship

For Brazilians, there are two main ways to obtain Italian citizenship, each with different timelines and costs.

Jure Sanguinis

Italy recognizes the right to citizenship for descendants of Italians with no generational limit, as long as the chain of transmission has not been interrupted. The interruption occurs when an Italian ancestor naturalized as a citizen of another country before the birth of the next descendant in the line. The process requires complete documentation of the lineage: birth, marriage, and death certificates for each generation, translated and apostilled.

Recognition can be done administratively via the Italian consulate in Brazil (with waiting lists reaching up to 10 years in some jurisdictions) or through the judicial route in Italian courts, where the timeline usually ranges from 1 to 3 years. The judicial route has become the most popular among Brazilians precisely because of the consular delays.

Other Routes

Brazilians without Italian ancestry can obtain citizenship by marriage to an Italian citizen (after 2 years of marriage if residing in Italy, or 3 years if residing abroad) or by prolonged legal residence in Italy. These routes are slower and less common in the context of the E-2 strategy.

The E-2 Visa in Practice

With an Italian passport in hand, the Brazilian-Italian can apply for the E-2. The visa requires a substantial investment in a real and operating business in the United States. Unlike the EB-5, there is no minimum amount set by law. Consular jurisprudence defines substantial in proportion to the type of business:

• For service companies (consulting, marketing, technology), investments starting from US$ 50,000 to US$ 100,000 may be considered substantial
• For businesses with physical operations (restaurants, franchises, clinics), the typical investment ranges from US$ 100,000 to US$ 300,000
• The capital must be at risk, that is, already committed to the business at the time of application, subject to partial or total loss
• The business cannot be marginal: it must have the capacity to generate significant income beyond the minimum support for the investor and their family

Benefits for the Family

The E-2 offers significant advantages for the family unit. The spouse of the holder receives work authorization in the US (EAD) and can work for any employer, with no restriction on area or connection to the investor’s business. Unmarried children under 21 obtain E-2 dependent status, allowing them to study in American schools and universities.

Another important advantage is indefinite renewal. As long as the business is active and operating, the visa can be renewed unlimited times, in periods of up to 2 years per renewal. Unlike other temporary visas with cumulative limits (such as the 6 years of the H-1B), the E-2 allows legal stay for an indefinite period.

E-2 vs EB-5

The comparison with the EB-5 is inevitable, and the differences are substantial in cost, timeline, and final result:

The E-2 is ideal for those seeking flexibility and agility with a lower investment, but who accept the fact that the visa does not lead directly to a Green Card. For those who want guaranteed permanent residence, the EB-5 remains the direct investment path, although with much higher cost and a longer process.

Planning and Timelines

The Italian citizenship + E-2 strategy requires medium-term planning. Obtaining Italian citizenship can take 1 to 3 years through the judicial route, and the E-2 process adds 2 to 4 months after the issuance of the Italian passport. Adding the two steps, the total realistic timeline is between 18 months and 4 years.

The combined costs include citizenship process fees (generally between R$ 15,000 and R$ 40,000 through the judicial route), issuance of the Italian passport, the investment in the American business, and E-2 visa consular fees. Despite the investment of time and resources, the combination remains one of the most accessible and strategic routes for Brazilians who wish to legally start a business in the United States without the hundreds of thousands of dollars required by other investment visa categories.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.