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:
- Download the Form: Obtain the latest version of Form DS-156E from the U.S. Department of State website.
- 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.
- Prepare Supporting Documents: Gather all necessary supporting documents (listed above).
- Pay the Fee: Pay the $315 visa application fee, which is non-refundable.
- 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.
- 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.
- Wait for Processing: After the interview, your application will be processed. This can take several weeks, and additional information may be requested.
- 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.
What are the main differences between Form DS-156E and Form DS-160
The main differences between Form DS-156E and Form DS-160 are as follows:
Purpose and Use
- Form DS-156E: This form is specifically for E-1 (Treaty Trader) and E-2 (Treaty Investor) visa applicants. It serves as a supplement to the DS-160 for individuals involved in treaty trading or investment activities. It must be completed by all primary applicants, except principal investors, and employees of E-1 or E-2 enterprises.
- Form DS-160: This is the general nonimmigrant visa application form used by all nonimmigrant visa applicants, including those applying for various visa categories beyond E visas. It is an online form that collects personal information, travel plans, and background information necessary for the visa application process.
Submission Process
- Form DS-156E: This form is a paper-based document that must be printed and submitted along with the DS-160 during the visa application process. It requires additional supporting documentation related to the applicant’s business or employment.
- Form DS-160: This form is completed and submitted entirely online through the Consular Electronic Application Center. After submission, applicants must print a confirmation page to bring to their visa interview.
Content and Structure
- Form DS-156E: The form includes sections specific to the business profile of the treaty enterprise, staff information, and details about the applicant’s role within the business. It is designed to provide a comprehensive overview of the trade or investment activities.
- Form DS-160: This form contains general questions applicable to all visa applicants, such as personal identification information, travel history, and security-related questions. It does not delve into specific business details unless they are relevant to the applicant’s visa category.
Fees
- Form DS-156E: There is no separate filing fee for this form; it is included in the overall application fee for E visas, which is currently $315.
- Form DS-160: Similar to Form DS-156E, there is no additional fee specifically for this form; however, applicants must pay the standard visa application fee applicable to their visa type.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for an E-2 Treaty Investor Visa or an E-2 Treaty Trader Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.