Form DS-156E is required for individuals applying for E-1 Treaty Trader and E-2 Treaty Investor visas. It is used by principal applicants and key employees to provide detailed information about the business, investment, trade activities and employment roles. The information provided in the form helps US consulates assess whether the applicant and business meet the necessary qualifications for these visa categories.

The following practical guide provides a detailed breakdown of Form DS-156E for applicants, from what this form is used for and who needs to complete this to the next steps in the nonimmigrant application process for an E-1 or E-2 visa.

 

What is Form DS-156E?

 

Form DS-156E, together with Form DS-160, Online Nonimmigrant Visa Application, comprises the application for employees of Treaty Trader (E-1) and Treaty Investor (E-2) businesses.

Officially described as “Nonimmigrant Treaty Trader/Investor Application Use with Form DS-160/I-129”, this is a mandatory supplement form for foreigners seeking E-1 or E-2 visas for the United States that must be submitted, along with Form DS-160.

Form DS-156E is a 4-page form, of which the first page contains guidance on applying for an E-1 or E-2 visa. This should be read carefully before completing the form.

 

Who needs to complete Form DS-156E?

 

Form DS-156E must be completed by all primary applicants, except principal investors.

This means that if you are applying for an E-1 visa as a principal trader applicant, you will need to complete this form. Equally, if you are applying as an employee of either type of E-visa enterprise, you should use this form. However, this form is not required if you are applying as an E-2 investor applicant, rather than as an employee of an E-2 enterprise.

Any E-1 and E-2 derivatives also do not need to submit Form DS-156E, where the spouse and children under 21 of treaty traders, treaty investors or employees of E-enterprises may receive dependent E-visas to accompany or follow to join their partner or parent.

Form DS-156E is divided into three parts, the first relating to the profit of the business, the second relating to the staff and the third relating to the applicant. All first-time applicants seeking either treaty trader or treaty investor status must complete both Parts I and II of Form DS-156E, and all individual applicants must complete Part III of this form.

 

What information is needed for Form DS-156E?

 

When completing Form DS-156E, you must answer all relevant questions, entering “Not applicable” where appropriate. If an enterprise is not yet fully operational, estimates and projections should instead be made for potential income, job creation and volume of sales, etc, where you should use additional sheets of paper, as necessary, to complete responses.

Part I of Form DS-156E is to create a business profile for the treaty enterprise, while Part II is to build up a picture of the enterprise staff and Part III, a picture of the applicant.

Part I BUSINESS PROFILE

 

• The name of the US enterprise, business or company
• The type of business enterprise, including a corporation, privately-owned, a branch/liaison office, joint venture, partnership, subsidiary or other
• The address, telephone and fax number of headquarters, subsidiaries and branch offices of the US enterprise, specifying the type of office
• The date (in the format mm-dd-yyyy) and place the business was either established or incorporated in the US
• The nature of the business, including general trade, imports to USA, exports from USA, manufacturing, retail sales, services/technology or other
• A full description of the services, production or other activity set out above
• The name and address, telephone and fax number of any foreign parent business
• The nationality of any foreign entity (such as a corporation or partnership, etc) or of any foreign individual owner of the US business, including the immigration status of any individual investor, and the name of each owner and percent of ownership
• A summary of the most recent financial statement or auditor’s report, including total assets of the US business, the total liabilities, the owner’s equity, and the total annual operating income, both before and after tax
• The amount of gross international trade of the US enterprise, broken down into dollar values, the number of transactions and the percent of total trade
• The type of investment, including the total start up costs for the creation of a new business, the purchase price for the purchase of an existing business, or the fair market value of the business for the continuation of an existing business
• The total investment from abroad made in the USA, including both initial and cumulative investment, broken down into cash, inventory, equipment, premises and other
• The source of investment capital, such as personal funds, corporate funds, loans, stocks, debentures and bonds, etc.

 

Part II STAFF

 

• The type of personnel in the United States categorised into those in managerial/executive positions, specialised/essential employees and all other employees, including nationals of the treaty country on either E, H and L visas, US citizens and legal permanent residents, as well as third-country nationals
• A list of all personnel of the US business that hold executive, managerial and/or specialist positions by subsidiary/branch office, including their names, position, title and division, and indicating their nationality and nonimmigrant visa status or lawful permanent resident status, where applicable.

 

Part I APPLICANT

 

• The full name of the applicant
• The type of applicant, including principal owner/investor/trader, manager, supervisor, executive, specialist or other
• A detailed description of their present position and duties
• The name and address of the employer
• The years present with the employer
• The applicant’s highest level of education, including school, major/subject, degree and year
• Other relevant experience and education
• The applicant’s position in the United States, including a description of their duties, with the names and titles of all immediate subordinates
• The applicant’s annual US salary and benefit package
• The name of the person in the United States being replaced or, if not a replacement, whether this is an increase to staff or continuation of existing employment in the USA

 

A declaration at the end of Form DS-156E must also be signed, requiring the applicant to swear or affirm that all statements are true and complete to the best of their knowledge and belief. This must be signed and dated by a responsible officer, printing their name and position or office. The name, address, telephone and fax number must also be provided of the person who may be contacted about the E-1 or E-2 visa application.

 

Form DS-156E supporting documentation

 

In addition to the detailed information to be set out in Form DS-156E, you will also need to submit a number of documents in support of this form. These should be submitted in a binder, including a table of contents and tabs, where examples of supporting documentation to be attached to first-time applications could include:

 

• evidence of possession and control of investment funds in the United States, such as bank records, financial statements, loans, savings and promissory notes, etc
• evidence of remittance to the United States, such as bank drafts, transfers, exchange permits and receipts, etc
• evidence of establishment of the business in the United States, such as articles of incorporation, partnership agreement, organisation and staffing charts, shares, titles, contracts, receipts, licenses and leases, etc
• evidence of the nationality of the traders or investors, such as passports, articles of incorporation of parent company and stock exchange listings, etc
• evidence of trade between the USA and the treaty country, such as invoices, customs clearances, bills of lading, warehouse receipts, shipping receipts, sales receipts and contracts, etc
• evidence of investment from abroad made in the United States, such as titles, receipts, contracts, loans and bank statements, etc
• evidence of substantiality, such as financial statements, audits, US corporate or business tax returns, etc
• evidence that the enterprise is not marginal, such as payroll records, IRS Form 941, personal tax returns, or evidence of other personal assets and/or income
• evidence that the business is a real, operating enterprise, such as annual reports, sales literature, catalogues, news articles and other appropriate evidence
  curriculum vitae of the prospective visa recipient (optional)

 

This list is not exhaustive. Further, not every type of document listed above will be applicable in each case, and specific instructions may also vary between different Embassies and Consulates. Applicants should refer to the relevant website for more details. Additional documentation may also be requested to help clarify aspects of the application, if required.

 

How much does it cost to file Form DS-156E?

 

There is no additional cost to file Form DS-156E, as it forms part of the application for an E-1 or E-2 visa. The cost to apply for an E-1 or E-2 visa $315. This fee is payable before the consular interview.

Additional costs may apply depending on the applicant’s circumstances, including legal fees for assistance with document preparation, business structuring, and translations if needed. Some US embassies and consulates may also require certified translations of business documents or other supporting materials.

 

How to file Form DS-156E

 

Form DS-156E must be submitted along with Form DS-160 when applying for an E-1 or E-2 visa with a US Embassy or Consulate, although applicants should always check the Embassy or Consulate instructions to ensure that they follow the correct procedure for their country.

In addition to the documentation requirements for an E-1 or E-2 visa, the procedural requirements can vary between different Embassies and Consulates. For example, some Embassies will only accept an electronic submission, rather than a paper submission. In other cases, employees of E-enterprises are not required to submit any documents in advance of their interview, but will be asked to attend in person with their documentation.

 

Next steps in the E2/E1 visa application process

 

Having submitted your paperwork, including Form DS-156E, you will need to wait for your paperwork to be reviewed. You will then need to schedule an in-person interview, where applicants must usually attend an interview within a strict timeframe. In the UK, for example, the current review time for each case is 60 working days, where the applicant will be required to attend their interview within 90 days on completion of their review.

 

E-1 and E-2 visa requirements

 

The Immigration and Nationality Act provides nonimmigrant status for a national of any of the countries with which the USA maintains a qualifying treaty of commerce and navigation, and who is coming to the United States to either:

• E1: carry on substantial trade, including trade in both services or technology, principally between the USA and the treaty country, or
• E2: develop and direct the operations of an enterprise in which the treaty national has already invested, or is in the process of actively investing, a substantial amount of capital.

 

The requirements for an E-1 treaty trader visa are as follows:

 

• the applicant must be a national of a qualifying treaty country
• the trading firm for which the applicant is coming to the USA must also have the nationality of the qualifying treaty country
• the international trade must be “substantial” in the sense that it is of a high enough quantum and continuity of trade
• the trade must be principally between the USA and the treaty country, meaning that more than 50% of the international trade involved must be between the United States and country of the applicant’s nationality. Trade refers to the international exchange of either goods, services and technology, where the item of trade, and title of that item, must pass from one party to the other in exchange for consideration
• the applicant must be employed in either a supervisory or executive capacity, or possess specialised skills that are essential to the enterprise’s successful and efficient operation, where ordinarily skilled or unskilled workers generally do not qualify.

 

Read more here > 

 

The requirements for an E-2 treaty investor visa include:

 

• the investor, either real or corporate, must be a national of a qualifying treaty country
• the investment must be substantial, where it must be sufficient to ensure the treaty investor’s commitment to the successful operation of the enterprise. The percentage in investment necessary for a low-cost business enterprise will generally be higher than the percentage of investment needed for a high-cost enterprise
• the investment must be in a genuine operating commercial enterprise, where speculative or idle investment will not qualify. Uncommitted funds in a bank account or any other similar security will not be considered an investment
• the investment may not be marginal, where it must have the capacity to generate significantly more income than simply to provide a living for the investor and their family, or it must have a significant economic impact in the USA
• the investor must have control of the funds, and the investment must also be at risk in the commercial sense, where loans secured with the assets of the investment enterprise will not be considered to be at risk
• the investor must be coming to the USA solely to develop and direct the commercial enterprise. If the applicant is not the principal investor, they must be employed in either a supervisory, executive or specialised skills capacity, where ordinarily skilled and unskilled workers generally do not qualify.

 

Read more here > 

 

Need assistance?

 

NNU Immigration are US immigration specialists with extensive expertise in E-2 and E-1 treaty investor and treaty trader visa applications. For guidance and advice from our US attorneys about any aspect of your E visa application, contact us.

 

DS-156E FAQs

 

What is Form DS-156E used for?

Form DS-156E is required for E-1 Treaty Trader and E-2 Treaty Investor visa applicants It provides information about the business, investment, trade activities, and key employees.

 

Who needs to complete Form DS-156E?

Principal applicants and certain employees applying for E-1 or E-2 visas must complete this form along with their visa application.

 

Where do I submit Form DS-156E?

The form is submitted to the US embassy or consulate handling the E-1 or E-2 visa application during the visa interview process.

 

How much does it cost to file Form DS-156E?

There is no separate fee for Form DS-156E The E-1 and E-2 visa application fee is $315 per applicant.

 

What supporting documents are required with Form DS-156E?

Documents such as business registration, financial statements, tax records, ownership proof, contracts, and trade documentation must support the application.

 

Can errors on Form DS-156E cause visa denial?

Incomplete or inaccurate information can lead to processing delays or denial of the visa.

 

How long does it take to process Form DS-156E?

Processing times vary based on the US embassy or consulate but generally follow the standard E-1 and E-2 visa processing timelines.

 

Can I make corrections after submitting Form DS-156E?

If an error is found after submission, corrections may be possible before the visa interview by contacting the US embassy or consulate.

 

Does Form DS-156E guarantee visa approval?

The form is just one part of the E-1 or E-2 visa process Approval depends on meeting all eligibility requirements and consular review.

 

Where can I find Form DS-156E?

The form is available on the US Department of State website or through the US embassy or consulate handling the visa application.

 

Glossary

 

 

Term	Definition
Form DS-156E	A required document for E-1 and E-2 visa applicants that provides details about the business, investment, and key employees.
E-1 Visa	A treaty trader visa allowing individuals or companies to conduct substantial trade between their home country and the US.
E-2 Visa	A treaty investor visa for individuals who make a substantial investment in a US business and actively manage it.
Treaty Country	A country that has a commerce and navigation treaty with the US, allowing its citizens to apply for an E-1 or E-2 visa.
Principal Applicant	The main person applying for an E-1 or E-2 visa, typically the investor or business owner.
Essential Employee	A key employee applying for an E-1 or E-2 visa who has specialized skills necessary for business operations in the US.
Substantial Investment	A significant financial commitment in a US business that ensures its successful operation and growth.
Trade Volume	The amount of international trade conducted between an E-1 visa applicant’s home country and the US.
US Consulate or Embassy	The official government office responsible for processing visa applications and conducting interviews.
Business Registration	Official documents proving the business is legally established and operating in the US.
Ownership Documentation	Records such as share certificates or operating agreements proving the applicant owns or controls the business.
Financial Statements	Documents showing the business’s financial health, including profit and loss reports, balance sheets, and tax filings.
Consular Interview	A required in-person meeting at a US embassy or consulate where applicants present Form DS-156E and other supporting documents.
Visa Application Fee	The mandatory payment required for E-1 and E-2 visa processing, currently set at $315 per applicant.
Supporting Documents	Additional paperwork submitted with Form DS-156E, such as contracts, leases, employee records, and tax filings.
Visa Approval	The final decision granting an E-1 or E-2 visa after consular review of Form DS-156E and supporting materials.
Visa Denial	A rejection of the E-1 or E-2 visa application due to insufficient documentation, eligibility concerns, or errors in Form DS-156E.
Change of Status	The process of switching from another visa category to an E-1 or E-2 visa while already in the US.
US Department of State	The government agency overseeing visa policies and processing through US embassies and consulates.