Form DS-156E: A Simple Guide for E-1 and E-2 Visa Applicants

What is Form DS-156E?

Form DS-156E, also called the “Nonimmigrant Treaty Trader/Investor Application,” is required when applying for the E-1 Treaty Trader or E-2 Treaty Investor visas. These visas are for individuals from countries that have commerce and navigation treaties with the United States.

How Long Does It Take to Process Form DS-156E?

The processing time for Form DS-156E is usually between 7-10 days after your visa interview. However, this can vary depending on factors such as application volume and case complexity. Be prepared for a waiting period that can range from several weeks to a few months.

What is the Fee for Form DS-156E?

There is no additional fee for filing Form DS-156E. The application fee for both the E-1 and E-2 visas is $315.

Documents You Need to Apply for Form DS-156E

When applying for the E-1 or E-2 visa using Form DS-156E, you must submit specific supporting documents to prove your eligibility. Commonly required documents include:

  • Business Registration Documents: Proof of your U.S. business’s legal existence, such as articles of incorporation, partnership agreements, or business registration certificates.
  • Business Plan: A detailed plan that outlines your business activities in the U.S., including market analysis, revenue projections, and operational plans.
  • Financial Statements: Documents such as balance sheets, income statements, and cash flow statements showing your business’s financial health.
  • Evidence of Trade or Investment: For E-1 visas, proof of significant trade with the U.S.; for E-2 visas, proof of substantial investment in your U.S. business. This could include contracts, invoices, or bank statements.
  • Proof of Nationality: Documentation like a passport or birth certificate showing you are from a treaty country.
  • Employment Documentation: If relevant, include your qualifications and experience, such as resumes, diplomas, or professional certifications.
  • Proof of Intent to Depart: Evidence you plan to leave the U.S. when your visa expires, such as property ownership, family ties, or employment contracts in your home country.
  • Family Documentation: If your family is accompanying you, provide marriage certificates or birth certificates for dependent children.
  • Other Documents: Any additional paperwork that applies to your specific case, like letters from business partners or customer testimonials.

How to Apply for Form DS-156E

Follow these steps to apply for the E-1 or E-2 visa using Form DS-156E:

  1. Download the Form: Obtain the latest version of Form DS-156E from the U.S. Department of State website.
  2. Fill Out the Form: Complete the form with accurate details about your business, investment, or trade activities, and your role in the U.S. business.
  3. Prepare Supporting Documents: Gather all necessary supporting documents (listed above).
  4. Pay the Fee: Pay the $315 visa application fee, which is non-refundable.
  5. Schedule an Interview: If you are applying from outside the U.S., schedule an interview at the U.S. embassy or consulate in your country. Check their website for specific instructions.
  6. Attend Your Interview: On the interview day, bring Form DS-156E, your supporting documents, and your passport. Be prepared to answer questions about your business and plans in the U.S.
  7. Wait for Processing: After the interview, your application will be processed. This can take several weeks, and additional information may be requested.
  8. Receive Your Decision: You will be notified of the decision on your application. If approved, you’ll receive instructions on how to obtain your visa. If more documents are needed, or if your application is denied, the consulate will provide the next steps.

Things to Keep in Mind

  • Processing Times Vary: Processing times can differ based on the consulate and the specifics of your case. Expect anything from a few weeks to several months.
  • Check Consulate-Specific Requirements: Each U.S. consulate may have its own set of instructions, so always check the consulate’s website for details.
  • Accuracy Matters: Ensure all documents and information are accurate and complete to avoid delays or denials.

Tips for a Successful Application

Do:

  • Ensure all information on Form DS-156E is accurate and complete. Mistakes can lead to delays or denials.
  • Gather all necessary supporting documents, like business registration, financial statements, and proof of substantial trade or investment.
  • Review specific consulate requirements before submitting your application.

Don’t:

  • Don’t submit inconsistent or incorrect information. All details on the form should match the supporting documents.
  • Don’t forget to include financial documentation. It’s crucial for proving your business’s financial stability.
  • Don’t overlook the importance of preparing for your visa interview. Bring all required documents and be ready to explain your business.

DS-156E Frequently Asked Questions (FAQs)

Can my family come with me on an E-1 or E-2 visa?

 Yes, your spouse and unmarried children under 21 can join you in the U.S. on E-1 or E-2 visas. They may also be eligible for work authorization.

How long can I stay in the U.S. on an E-1 or E-2 visa? 

Typically, the initial stay is up to two years. You can extend your stay as long as you meet the visa requirements.

Can an E-1 visa lead to a green card?

 The E-1 visa is a nonimmigrant visa, so it doesn’t directly lead to a green card. However, it’s possible to transition to a green card through other pathways, such as family sponsorship or employment-based visas like the EB-5 program.

Can I get a green card with an E-2 visa?

Like the E-1, the E-2 visa doesn’t offer a direct path to permanent residency. However, you can pursue other immigration options, such as employment-based or investment-based green card programs (EB-1, EB-2, EB-3, or EB-5), if eligible.

Who is eligible for an E-3 visa? 

The E-3 visa is a special category for Australian nationals who want to work in the U.S. in a specialty occupation. Applicants must have a job offer, a bachelor’s degree or equivalent, and a position that requires specialized knowledge.

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