A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Monday, November 23, 2009

New On-line Non-Immigrant Visa Form DS-160

The United States Department of State published the new Form DS-160 for application of nonimmigrant visas. The new form incorporates all of the current NIV forms (DS-156, 157, 158, 156K, 3032, and parts of the E visa application) into one online, interactive format. It also allows applicants to upload a photo. The DS-160 will be submitted electronically to the Department of State via the Internet. U.S. Consular Officers from overseas countries will use the information entered on the DS-160 to process the visa application. Using the DS-160 and a personal interview, Consular Officers will determine an applicant’s eligibility for a nonimmigrant visa. The new form covers most of the nonimmigrant visas such as F-1 student, B-1 business, B-2 tourist, H-1B employment, L-1 intercompany transferees.

Selected ountries are using the new form: Currently, the new DS-160 form is used by selected U.S. Embassy and Consulate locations only. When the computer system is ready more applications, the form will gradually be used by more overseas locations. The following overseas locations are already using the DS-160: Australia (Melbourne, Perth, and Sydney), Bermuda (Hamilton), Canada (Montreal and Vancouver), Hong Kong, Ireland (Dublin), Libya (Tripoli), Mexico, Montenegro (Podgorica).

How to complete the new form: It should be noted that the form must be answered in English only. Applications that are submitted in any other language may be denied. Most fields on the DS-160 are mandatory. “Optional” field can be left blank. If that field does not apply to you, you may mark the box next to “Does Not Apply” if it is available. All mandatory fields must be completed or an error message will appear. Incomplete forms will be rejected.

Saving the application: The new online form allows user to save their entries. You can either save it temporarily by clicking the “Save” button at the bottom center of the application. If you don’t, the system will “time out” approximately 20 minutes after the application has been idle, and you will lose your data. If you want to save your application permanently, select the “Save Application to File” button and then click the “Save” button on the File Download window. You will have an option to browse your computer to select a location to save your application. Once the download is complete you can select “Close” to return to the application. If you would like to use the saved information, you should push the “Import Application Date” option on the “Getting Started” page to upload the data that you have already saved.

Upload the applicant’s photo: The online form DS-160 has very strict requirements about the size and quality of digital photo to upload. Follow the requirements closely to avoid rejection. After you submitted the application, you will get a confirmation page. If the confirmation page has an "X" in the photo box, that means that the photo upload failed. You will need to submit one printed passport photograph with the online DS-160 confirmation page to the State Department. If the confirmation page shows a photo

For the visa interview: For the nonimmigrant visa interview, you do not need to bring the entire DS-160 application. The confirmation page is all that is needed to retrieve your application data. You must bring the confirmation page with you during all phases of the application process. Without the confirmation page, it may not be possible to access your application and process your visa case.

Family members / Dependents: After you completed your own visa application online, you will get a “Thank you” page. You will also see an option to create a family or group application. This option allows part of your information to be imported to your family members’ applications. Each individual family who is traveling with you to the U.S. is required to complete his or her own form. Check the information of each family member carefully. Correct any mistakes if necessary.

Additional forms: When you are applying for an nonimmigrant visa at a U.S. Embassy or Consulate that is using the new DS-160, you only need to complete one form. The older forms such as DS-156, DS-157, DS-158, etc., will no longer be needed. The only exception is the Treaty Trader/Treaty Investor visa application, which will require additional forms.

Conclusion: The new online form DS-160 will make it simpler for foreigners to apply for nonimmigrant visa such as student visa and tourist visa to enter the U.S. Before the new DS-160 form is pushed out to all U.S. Embassies and Consulate Officers, check with the U.S. Consulate Officer that you are applying at to confirm whether it is using the old paper forms or new online form.

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