United States: Frequently Asked Questions: Form DS-160, the New Online Nonimmigrant Visa Application

All U.S. consulates and embassies will soon require nonimmigrant visa applicants to use Form DS-160, the Department of State’s fully electronic nonimmigrant visa application, instead of Form DS-156, the paper-based application. Form DS-160 has been in use at selected U.S. diplomatic posts for some time, but the State Department announced late last year that all U.S. posts will require the online form by April 30, 2010 at the latest. Many posts have already adopted the form, and more will begin to require it as April 30 approaches.

The following are some frequently asked questions about using the DS-160 online application. More information on the form, including technical instructions and requirements, is available at the State Department’s websitehere.

Form DS-160 is available at https://ceac.state.gov/genniv/.

1. How can I find out whether a specific U.S. embassy or consulate requires Form DS-160?

To find out whether DS-160 is being used at the U.S. diplomatic post where you will apply for a nonimmigrant visa, contact the post. Links to all U.S. embassies and consulates websites can be found at http://usembassy.gov/.

The form is currently in use at many diplomatic posts, and more will be adding the requirement between now and April 30, 2010. Visa application requirements are subject to frequent change without notice, so even if the post does not currently require Form DS-160, make sure to check again before your visa appointment to ensure that you meet the most current requirements.

2. How is Form DS-160 different from Form DS-156?

Form DS-160 consolidates several nonimmigrant visa application forms into a single electronic document. It replaces Form DS-156 and most of the paper supplements to that form, including Form DS-157, the supplemental nonimmigrant visa application used by male applicants between the ages of 16 and 45 among others, and Form DS-158, the contact and work history form used by applicants for student or exchange visitor visas.

Unlike Form DS-156, Form DS-160 is completely electronic. It is filled out and submitted to the State Department online. While Form DS-156 can be filled out online, it has to be submitted in hard copy to the consulate.

Form DS-160 contains all of the questions included in Forms DS-156, DS-157 and DS-158, but also asks for some details that were not previously requested of nonimmigrant visa applicants, such as whether the applicant has ever held a U.S. driver’s license or Social Security number.

As you move through the DS-160 electronic form, you will be asked to input your application information. Depending on your answers to certain questions, you may be asked follow-up questions. For example, if you answer “yes” to the question whether you have previously visited the United States, follow-up questions about your previous trips will appear on the screen. If you answer “no” to this question, no follow-ups will appear.

3. While I am filling out Form DS-160, should I save my work as I go along? Should I save an electronic copy once I am finished?

Yes. It is very important to save your work periodically as you progress through the form, because Form DS-160 website will “time out” and your data will be lost if more than 20 minutes go by without any activity. You may also experience problems with your internet connection or with the State Department’s DS-160 website that could lead to data loss. Using the save options on Form DS-160 can help minimize these problems. You should also save a copy of your completed form.

There are two ways to save your work. Choosing the “save” button on Form DS-160 will save your work temporarily as you progress through the form, but will not save your data if you close your web browser or if the DS-160 website times out because of inactivity. To permanently save a partially or fully completed form, choose the “save application to file” option, which will allow you to save the form to a computer hard drive or CD. You can then use the saved file to reload your data when you’re ready to resume working on the form. You can also use a permanently saved file to load your data to a subsequent DS-160 visa application. Note that if you elect to reload saved data, you will be asked some security questions to confirm your identity.

State Department technical instructions on saving Form DS-160 are availablehere.

4. My spouse is the principal visa applicant and I am applying for a visa as his/her dependent. Form DS-160 does not seem to have any selections for the kind of dependent visa I need. How should I fill out the form in this situation?

If you are the dependent of a principal visa holder or application – for example, you are the spouse of an H-1B visa holder and you are seeking an H-4 dependent visa – the DS-160 online system will ask you questions about the principal to determine the appropriate visa category for you.

Once you begin filling out Form DS-160, you will be asked whether you are the “principal applicant” for a nonimmigrant visa. If you are a dependent, you should answer “no” to this question. You will then be asked to enter the name of the principal visa holder, the purpose of his or her trip, and possibly other information, such as the receipt number of the principal’s USCIS nonimmigrant visa petition or, in the case of a principal F student or J exchange visitor, his or her identification number in the Student and Exchange Visitor Information System (SEVIS). Your visa category will be determined based on your answers to these questions.

5. Is a photograph required with Form DS-160?

Yes. You may upload a digital photograph when you electronically submit Form DS-160. Click here for State Department instructions on digital photographs for Form DS-160.

If you are unable to upload a digital photograph – either because you don’t have one or because your attempt to upload one was unsuccessful – you must bring to your visa appointment a print photograph that meets State Department requirements. Click here for print photograph instructions for nonimmigrant visa applications.

Note: Some consulates that use Form DS-160 may require you to submit a digital photograph, and may not accept a print photograph. Please contact the consulate where you will apply for specific information.

6. After I fill out Form DS-160, will I need to complete any other application forms?

No, with some exceptions. Most DS-160 applicants won’t need to complete any other visa forms. However, if you are applying for an E treaty trader/investor visa or a K-1/2 fiance(e) visa, you may need to submit other forms in addition to or instead of Form DS-160. See Questions 7 and 8 below.

7. I am applying for an E treaty trader/investor visa at a consulate that requires Form DS-160. Do I need to fill out any other forms for my application?

Possibly. You or your employer may also need to fill out a paper Form DS-156E, the Nonimmigrant Treaty Trader/Investor Application to bring to your visa appointment.

A paper Form DS-156E is required if you are applying for an E-1 treaty trader visa or an E-2 treaty investor visa as an executive, manager, or essential employee. If you are applying for an E-2 treaty investor visa as a principal investor, you do not need to fill out Form DS-156E.

Form DS-156E is available here. In the future, the Department of State will issue a fully electronic nonimmigrant treaty trader/investor form, but it has not done so yet.

8. I am applying for a K-1/2 fiance(e) visa. Which nonimmigrant visa application forms must I fill out?

If you are applying for a K-1/2 visa, do not fill out Form DS-160. You must use the paper nonimmigrant visa application, Form DS-156, and Form DS-156K, the Nonimmigrant Fiance(e) Visa Application. Form DS-156 is available here; the DS-156K is available here.

9. Once I’ve completed and submitted Form DS-160, will I need to bring a copy of the form to my visa interview? Should I print out or save the filing confirmation that appears after I’ve submitted the form?

You don’t need to bring a copy of the entire form to the interview. However, after you fill out and submit the form, make sure to save and print out a copy of the filing confirmation. You must bring a copy of the confirmation to your appointment.

We also recommend that you save an electronic copy of your completed DS-160 form in case you need to resubmit the application or want to use your data for a future visa application.

10. Have visa applicants experienced any problems with Form DS-160?

In our experience, most applicants are able to fill out and submit Form DS-160 without difficulty. In some cases, applicants have lost data because they did not save their work while working on the form or because of a faulty internet connection, so make sure to save frequently while using Form DS-160.

Visa applicants have occasionally reported that the DS-160 website has been slow or has been temporarily inaccessible. Slowdowns at the website may increase as more consulates begin to require the form or during busy periods at U.S. consulates, such as around the holiday season or during the summer. Be sure to give yourself plenty of time to complete Form DS-160 before your visa appointment.

11. I am applying for a nonimmigrant visa at a consulate that does not use Form DS-160 yet. Which forms do I need to fill out?

If you will be applying for a nonimmigrant visa before April 30 and the consulate where you will apply does not yet use Form DS-160, you should plan to fill out Form DS-156, the paper-based nonimmigrant visa application (available here) and any other forms required by the consulate. However, because more and more consulates are adding the DS-160 requirement every day, you should check back with the consulate before your visa appointment in case it has adopted the DS-160 form and will require you to use it.

We are closely monitoring the roll-out of Form DS-160 at U.S. diplomatic posts. If you have any questions about the form, please contact your designated Fragomen professional.

Source: Fragomen