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Client Alert: Congress Passes the NDAA with H-2B and E Visa Changes & Covid-19 Tests Required for Travelers from China

Overview
On December 15, 2022, the US Senate passed the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, which impacts the E-1, E-2, and H-2B visa programs. President Biden signed it into law on December 23, 2022.  


Portugal Designated as an E-1 and E-2 Treaty Country
Portuguese nationals will now be eligible to apply for E-1 Treaty Trader and E-2 Treaty Investor visas for the United States along with the countries already on the list. The E-1 visa is to engage in substantial trade between the US and Portugal. The E-2 visa is to make a substantial investment in a US business enterprise. Read more here.

New Residency Requirement Added for Certain E-2 Visa Applications
Those who have gained citizenship in an E-2 treaty country through investments, such as Grenada, will now have to reside there for at least three continuous years before they will be eligible to apply for an E-2 visa based on that citizenship. This provision will limit use of "Citizenship by Investment" programs of countries that have enabled investors who acquire citizenship in a treaty visa country to obtain E-2 nonimmigrant status while awaiting availability of an immigrant visa.

Guam and CNMI H-2B Program Extended
Additionally, NDAA Section 5901 extends eligibility for certain H-2B workers to be admitted to perform services in Guam and Commonwealth of Northern Mariana Islands (CNMI) through December 31, 2024. 

Covid-19 Tests Required for Travelers from China
Starting January 5, the US Centers for Disease Control and Prevention (CDC) requires travelers (two years and older) on flights from China to have a negative Covid-19 test result taken within 2 days of departure or proof of recovery from the virus within the last 90 days. Read more here


Please contact us at  or +1 (212) 495-9245 if you require U.S. business immigration law assistance.

You can access our previous Client Alerts 
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This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Klug Law Firm.

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