This month, Congress passed the James M. Inhofe National Defense Authorization Act for Fiscal Year 2022 (NDAA) which contains 2 provisions impacting employment-based nonimmigrant visas.
First, the NDAA has made two important changes to the E visa category by (1) designating Portugal as a qualifying treaty country; and (2) requiring individuals who have obtained citizenship through investment to have been domiciled in that country for a continuous period of no less than 3 years before they are eligible to apply for an E visa based on holding treaty country nationality. This second provision does not apply to individuals who have previously been granted E status. Rather, it is expected that this new provision will limit use of "Citizenship by Investment" programs of countries, such as Grenada, that have enabled investors who acquire treaty country citizenship in a treaty in order to obtain E nonimmigrant visas to provide them access to the United States while stuck in green card backlogs.
Second, the NDAA extends eligibility for certain H-2B workers to be admitted to perform services in Guam and the Commonwealth of Northern Mariana Islands (CNMI) for an additional year, through December 31, 2024