Mithras Law Group Immigration Blog

Global Immigration and Business Solutions

Non-Immigrant Visa Applicants Required to Complete new DS-160 Form

leave a comment »

Non-Immigrant visa applicants (such as H-1B, L-1, B-1, etc) will be required to complete the online Form DS-160 prior to appearing at a U.S. Consulate or Embassy for a visa application by April 30, 2010.
Form DS 160, which is a Non-immigrant Visa Electronic Application, can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. You can access the DS-160 from the Consular Electronic Application website or from the  link to the U.S. Embassy or Consulate website where you will apply located on the DS-160 informational page to check for current procedures.
While many consular posts have already been requiring DS-160 completion for some time, increasingly more and more consulates are making the DS-160 mandatory as the April 30 deadline approaches.
It should be noted that when completing the online DS-160, the form times out approximately 20 minutes after the application has been idle so it is best to save the application at regular intervals so that the information entered is not lost. Also, it is advisable to save the application on your computer hard drive or CD before submission of the your application for two reasons. First, if rejected by the U.S. Embassy or Consulate for being incomplete, you will be able access your saved application data, correct the non-responsive or incomplete answers and submit the corrected application without having to complete an entirely new application. Second, if you are a frequent visa applicant, you can update your saved application the next time you wish to apply for a visa and submit the updated application, in order to save you time.
Also know that when applying for a nonimmigrant visa using the online DS-160, additional forms are not required, with two exceptions. When applying at a U.S. Embassy or Consulate that is using the new DS-160, Online Non-immigrant Visa Application, you will use only one form. For Embassies and Consulates that have converted to this new process, the DS-160 has replaced all of the following forms: DS-156, DS-157, DS-158, and DS-3032, which are no longer necessary.
The two exceptions are:  (1) Fiancée Visas (K-1/2) which still require use of the forms DS-156 and DS-156K, and (2) the Treaty Trader/Treaty Investor visa application. If you are a Treaty Trader (E-1) or an Executive/Manager/Essential Employee you will need to complete the DS-160 and you or your employer will need to complete the paper DS-156E. (Sometime next year a new form, the DS-161, E Visa Business Information form, will be released. This form will allow you or your employer to complete an online form and submit the form electronically to the State Department but until then the paper Form DS 156E is required.)
In addition, it is important to know that embassies, in particular the U.S. Embassy in London, is turning away applicants if the wong visa category is selected on the DS-160. An applicant who is turned away because of an incorrect form could be formally refused a visa, which in turn can affect an applicant’s eligibility to utilize the Visa Waiver program in the future. So, it is important to complete the form accurately and pick the correct visa categories.
For instance on the DS-160, in the “Travel Information Section,” you are asked “Are you the principal applicant?” On answering that question, a drop down list will appear under “Purpose of Travel to U.S.” It is important that you review the information carefully. If your purpose of travel is not covered in the list, click on “Other.” This will offer you a further drop down list of choices. In addition, If you are planning on working in the United States and you are being sponsored for a visa by a U.S. company or if your employer is transferring you to a subsidiary or parent company in the U.S., you should select the appropriate visa category, which is either “Temporary Employee (H1,H2),” “Trainee (H3),” or “Intra-company Transfer (L).” If you select Business/conference visitor (B1) or Business/Personal Travel (B1, B2) this is incorrect as it does not cover your purpose of travel and you will be turned away and required to complete a new DS-160.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: