COMPLETING FORM DS-160, ONLINE … Form DS-160, Online Nonimmigrant Visa Application, is completed...

1 Copyright © 2013, American Immigration Lawyers Association (AILA)

NOTE: Always check the website for the most recent version of this form and current filing fees!

The Form DS-160, Online Nonimmigrant Visa Application, is completed online at the Consular Electronic Application Center (CEAC) website. The form is lengthy and requires a significant amount of time to com-plete. Some attorneys have clients fill out the form on their own and then present the saved draft to the attor-ney for review, while others fill it out on behalf of their clients. Even if you do not make a regular practice of filling out the DS-160 for the client, it is still important to understand how to file an electronic DS-160 be-cause there are some clients who are not computer literate and will require the attorney to fill it out; even those clients who are computer literate will sometimes call on the attorney to help trouble-shoot a problem encountered with filing the form; and, at the very least, being familiar with the form will help with the pro-cess of reviewing it when clients do send it in.

STARTING A NEW DS-160 APPLICATION The person filling out the DS-160 application will need to have the visa applicant’s passport, information

about other U.S. visas he or she has had, if any, and any other documents relevant to the applicant’s intended travel to the United States ready. Information in those documents is required to fill out the application. Fur-ther, be sure to determine the correct visa classification before starting. If you select the wrong one, the visa application will be denied at the visa interview. On the home page, select the city where the applicant will submit his or her visa application. You then need to select “Start Application.” You then have the option to “Start a New Application” for the first time, or if you are returning to an application already started but not completed, you can “Upload a Previous Application” to upload a saved file of data or “Retrieve Incomplete Application” to retrieve online data saved in the system.

A saved data file, that is a file saved onto a disk or hard drive, can be uploaded and used at any time. By contrast, if you only save the application online in the CEAC system, once it is submitted you can no longer access that data.

Articles do not necessarily reflect the views of the American Immigration Lawyers Association. * Brenda Oliver is an attorney in the D.C. office of Fragomen, Del Rey, Bernsen & Loewy, LLP. She provides advice and counsel to U.S.-based and foreign employers to facilitate transfers of high level and special skilled employees to the United States. She assists clients in obtaining nonimmigrant visas, as well as immigrant visas and permanent residency, based on em-ployment and/or family sponsorship. She also assists clients with preparation of and guidance in the process of nonimmigrant visa petitions, employment-based permanent residency petitions, and labor certification applications. She provides advice on I-9 compliance and assisting with company audits to ensure compliance with U.S. employment authorization practices.

Kortney H. Klein is a partner in the Dallas office of Berry Appleman & Leiden LLP. She assists corporate and individual clients in an array of business and family immigration matters. Ms. Klein has represented companies in a variety of industries in obtaining specialty occupation and extraordinary ability nonimmigrant visas for foreign nationals; transferring foreign per-sonnel to start-up and established U.S. offices; securing work-authorized classifications for professionals seeking to enter the United States pursuant to North American Free Trade Agreement (NAFTA); and securing treaty trader/investor status for cli-ents in Europe, Asia, and the Americas.

Joel H. Paget is the senior member of the immigration group at Ryan, Swanson & Cleveland, PLLC in Seattle. He has over 30 years of immigration experience with an emphasis on business and tax issues. Mr. Paget is an active member of AILA and is an emeritus trustee of Seattle Pacific University (SPU). He was an adjunct professor of business law for 10 years at SPU. He also is a chairman of the taxation section and a Bar Examiner for the Washington State Bar Association. He continues to be recognized as one of The Best Lawyers in America (1999 to 2011) and is honored to have been selected “SuperLawyer” each year since the inception of the award.

COMPLETING FORM DS-160, ONLINE NONIMMIGRANT VISA APPLICATION

updated by Brenda Oliver, Kortney H. Klein, and Joel H. Paget*

https://ceac.state.gov/GenNIV/Default.aspx

https://ceac.state.gov/GenNIV/Default.aspx

2 AILA’S IMMIGRATION FORMS TOOLBOX

Copyright © 2013, American Immigration Lawyers Association (AILA)

The online system has more options and features if you “Retrieve Incomplete Application” rather than up-loading a saved data file (for example, family members’ dates of travel do not save in the uploaded file). However, we still recommend that you save a copy of the application to a disk/hard drive prior to submitting it so the data will be available after submission, if needed.

At this point, the CEAC will assign an Application ID number, which you should print or otherwise record for your records.

You must also select a security question and response, which you must remember to return to the applica-tion or upload the data at a later date.

Personal Information I An applicant’s surnames and given names may be hyphenated or contain two or more names. The appli-

cant’s surnames and given names should match the applicant’s names in his or her passport exactly. If the applicant’s passport does not include a given name, enter “FNU” in Given Names.

Full Name in Native Alphabet: If the applicant’s name is different in his or her native alphabet, enter that name here. If not, check the “Does Not Apply” box.

If the applicant has ever used any other names, including different spellings of his name, he should enter these names in the next box. “Other names used” includes maiden name, religious name, professional name, or any other names by which the applicant is known or has been known in the past. If there are no other names used, enter “none” or the system will not allow the applicant to proceed. If there is a telecode that rep-resents the applicant’s name, answer “yes” and enter it here. If not, answer “no.” Telecodes are four-digit code numbers that represent characters in some non-Roman alphabet names.

Enter the applicant’s sex, male or female, and select the appropriate marital status from the drop-down box.

Enter the applicant’s date of birth in the DD/MM/YYYY (Day, Month, Year) format. Enter the applicant’s city of birth and state/province of birth (if a state/province is applicable). Select the

applicant’s country of birth from the drop-down box. Again, this information should match the person’s pass-port.

Select “Save” and then “Save Application to Disk” at the bottom of the page, to ensure you have the data saved to your own disk/hard drive before continuing. Otherwise, you risk losing data due to technical difficul-ties with the online system.

Personal Information 2 Select the applicant’s country of nationality from the drop-down box. Also indicate whether the applicant

holds or has held any other nationality. If yes, then select that other nationality and indicate whether the per-son holds a passport for that nationality. If yes, then enter the passport number. You also have the option to add additional nationalities.

If the applicant has a national identification number in his home country, enter that number. If not, check the “Does Not Apply” box.

If the applicant has a U.S. Social Security number, enter that number. If not, check the “Does Not Apply” box.

If the applicant has a U.S. Taxpayer Identification number, enter that number. If not, check the “Does Not Apply” box.


Address and Phone Information Enter the applicant’s current home address. For applicants extending a nonimmigrant visa, his or her cur-

rent home address could be a U.S. address.

COMPLETING FORM DS-160, ONLINE NONIMMIGRANT VISA APPLICATION 3


The mailing address should be the applicant’s mailing address in the country where he is applying for the visa. Indicate whether this is the same or a different address from the home address, and if different, complete the mailing address.

Enter all of the applicant’s phone numbers, as applicable. The consulate might use these numbers to con-tact the applicant. If the applicant does not have a second phone number or work phone number, check the “does not apply” box.

Enter the applicant’s preferred email address, if applicable. The consulate might use this address to contact the applicant. If the applicant does not have an email address, check the “does not apply” box.


Passport Information Choose the type of passport the applicant will use to enter the United States from the drop down box. En-

ter the passport number of the passport the applicant will use. The passport must be unexpired, and unless issued by an exempt country, must have six months remaining validity past the duration of the applicant’s intended stay in the United States.

If applicable, enter the applicant’s passport book number (sometimes called the inventory control number). Select the country that issued the applicant’s passport from the drop-down box. Enter the city where the passport was issued, as well as the state/province (if listed on the passport), and

country where issued. Note that this might be different from the country that issued the passport, for example, the applicant might have been living in another country when they applied for the passport through a consu-late or other authority. In such a case, the country where the passport was physically issued will be different from the country that actually issued the passport.

Enter the date the passport was issued and the date the passport will expire, in DD/MM/YYYY format. If the applicant’s has ever had a passport lost or stolen, enter the relevant information, if known. Select “Save” and then “Save Application to Disk” at the bottom of the page, to ensure you have the data

saved to your own disk/hard drive before continuing. Otherwise, you risk losing data due to technical difficul-ties with the online system.

Travel Information Choose the purpose of the trip from the drop down menu. If the applicant is entering is entering on a visa

as a principal applicant, he or she should choose that category (e.g., Temporary Worker (H)) and then the ap-propriate sub-category (e.g., Specialty Occupation (H-1B)). If entering as a principal applicant, the applicant will be required to enter the petition or application number from the I-797 approval notice. If the applicant is accompanying a spouse or parent as a dependent applicant, he or she should choose the category applicable to the primary applicant (e.g., Temporary Worker (H)) and the appropriate sub-category for the dependent (e.g., Spouse of an H (H-4)). If entering as a dependent, the applicant will be required to enter the principal appli-cant’s full name and I-797 petition number. Please note that all visitors entering for a business or pleasure trip are treated as principal applicants even if entering with a family.

Enter the intended date of arrival and the intended length of stay. The intended length of stay should not exceed the end date of the I-797 approval notice, if applicable. If unsure about travel plans, enter an estimate.

Enter the address where the applicant will stay in the United States. For a visitor, this could be a hotel ad-dress or address of the person he or she will be visiting. For a student or temporary worker who does not yet have a long-term address, this could be his or her initial destination and subsequent changes of address in the United States should be recorded by filing Form AR-11, U.S. Citizenship and Immigration Services (USCIS) Change of Address with USCIS.

Indicate who will pay for the applicant’s trip to the United States. If “other” or company/organization” is selected, enter the contact details.




Travel Companions Information Indicate whether the applicant is traveling with other people. You should answer “Yes” to Question Q on

the travel section if the applicant is traveling with family, as part of an organized tour, or as part of a perform-ing group or athletic team. You do not need to list individuals who are traveling with the applicant for the purposes of employment with the same employer. If “yes” then enter the details of those fellow travelers.


Previous U.S. Travel Information Indicate whether the applicant has ever been in the United States before. If yes, then enter the previous trip

details for up to five trips. Indicate whether the applicant has been issued a U.S. visa before. If “yes” then enter the date the visa was

issued and the visa number, if known, and answer the additional questions. In particular, applicants who are living in the United States in a temporary status are sometimes confused about the question, “Are you apply-ing in the same country where the visa above was issued and is this country your principal country of resi-dence?” While they are living temporarily in the United States, their principal residence is still their home country. Therefore, an applicant who previously applied for an H-1B visa in his or her home country of Ar-gentina, has been living in the United States for three years, and is now applying for a renewed H-1B visa in Argentina, will answer this question “yes.”

Indicate whether the applicant has ever been refused a U.S. visa, been refused admission to the United States, or withdrawn his or her application for admission at the point of entry. Keep in mind that “221g” visa refusals will result in a “yes” answer. If yes, provide an explanation in the box provided. Of course, you will want to provide the explanation in a straightforward and accurate way that demonstrates that the prior re-fusal/withdrawal does not prevent visa issuance at this time.

Indicate whether the applicant has ever been denied travel authorization by the Department of Homeland Security through the Electronic System for Travel Authorization (ESTA). If yes, provide an explanation in the box provided.

Indicate whether anyone ever filed an immigrant petition on the applicant’s behalf with USCIS. This in-cludes an I-140 Immigrant Petition filed by an employer or an I-130, Petition for Alien Relative filed by a spouse or other relative. If yes, provide an explanation in the box provided.


U.S. Point of Contact Information Enter the details of the applicant’s point of contact in the United States. A consular officer might contact

this person. The online system helpfully explains, “Your U.S. point of contact can be any individual in the United States who knows you and can verify, if necessary, your identity. If you do not personally know any-one in the United States, you may enter the name of the store, company, or organization you plan to visit dur-ing your trip.” If the applicant is associated with a company or organization, he or she should ask that compa-ny/organization who he or she should list on the application, ensuring it is someone familiar with the purpose of his or her visit and the visa process.




Family Information The applicant will be required to enter the full names and dates of birth of both his or her mother and fa-

ther. If unknown, please check the “do not know” box. Be prepared to list all immediate relatives and their immigration status if they are in the U.S. immediate relatives means fiancé(e), spouse (husband/wife), child (son/daughter), or sibling (brother/sister). There is a general yes/no question regarding any family members in the United States as well.

If married, the applicant must list his or her spouse’s full name, including maiden name if applicable, as well as his or her date of birth, city and country of birth and nationality.

Select “Save” and then “Save Application to Disk” at the bottom of the page, to ensure the data is saved to a disk/hard drive before continuing. Otherwise, the applicant will risk losing data due to technical difficulties with the online system.

Family Information: Spouse or Former Spouse If in the personal information section it states that the applicant’s marital status was anything other than

“Single,” you will be required to enter information for his or her current spouse and/or any former spouse. You must know that spouse’s full name, date of birth, country of birth and nationality, date of marriage, date of marriage termination, and reason for termination (if applicable).

Work You should be able to list the applicant’s industry or “type of work.” For example, business, agriculture,

legal profession, etc. You will need the applicant’s current employer’s contact information, including name, address. If the ap-

plicant is currently a student, you will input the applicant’s university’s information instead. You will also be required to list the applicant’s present salary in local currency and describe his or her current job duties, if applicable.

The form also asks about the applicant’s previous employment for the past five years. You will need to list all previous/relevant employment on the DS-160. You can simply click on “add another” or “remove” while inputting the information. You will not only need to know his or her previous employer’s contact information, but you will also need to provide his or her past supervisor’s full name and his dates of employment. A de-scription of the applicant’s former duties is also required.


Education Please note that the system may not prompt you to enter the applicant’s education. However, if it does,

you will be required to list all educational institutions attended post elementary school. You will need to have the institutions’ contact information as well as the dates attended in order to complete this section. You can simply click on “add another” or “remove” while inputting the information. For middle school/junior high or high school course of study please indicate “Academic” or “Vocational.” For all other educational levels please indicate the applicant’s major or concentration.

The follow-up training questions will ask you about military service, any other organizations the applicant has been a part of, or is currently a member of. The form also asks that you list all previous countries traveled to. If you click “yes” on any of the follow-up questions, you will be asked to provide the specific information. For example, you will be required to name any organization the applicant has been, or is currently a member of.




Security/Background The relevant security and background questions, in a perfect world, should all be answered “no” if that in-

deed is the case. However, based on an individual’s immigration history, one or more of these questions may require a response of “yes.” If that is the case, it is extremely vital that all practitioners be aware of what a “yes” answer may trigger as far as any additional delays and or processes that may be required before your client receives his or her visa.

Some of the questions include: Do you have a communicable disease of public health significance such as tuberculosis (TB)? Do you have a mental or physical disorder that poses or is likely to pose a threat to the safety or welfare of

yourself or others? Are you or have you ever been a drug user or addict? Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, am-

nesty, or other similar action? Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances? Are you coming to the United States to engage in prostitution or unlawful commercialized vice or have

you been engaged in prostitution or procuring prostitutes within the past ten years? Have you ever been involved in, or do you seek to engage in, money laundering? Have you ever committed or conspired to commit a human trafficking offense in the United States or out-

side the United States? Have you ever knowingly aided, abetted, assisted or colluded with an individual who has committed, or

conspired to commit a severe human trafficking offense in the United States or outside the United States? Are you the spouse, son, or daughter of an individual who has committed or conspired to commit a human

trafficking offense in the United States or outside the United States and have you within the last five years, knowingly benefited from the trafficking activities?

Have you ever sought to obtain or assist others to obtain a visa, entry into the United States, or any other United States immigration benefit by fraud or willful misrepresentation or other unlawful means? Select “Save” and then “Save Application to Disk” at the bottom of the page, to ensure the data is saved to

a disk/hard drive before continuing. Otherwise, the applicant will risk losing data due to technical difficulties with the online system.

Temporary Work Visa If the applicant has indicated that the purpose of the trip to the United States is to work temporarily, the

online application system will ask the applicant to provide information concerning his employer. You must fill in the applicant’s Application Receipt/Petition Number. The application receipt/petition

number is issued by the Department of Homeland Security’s USCIS after the petition/application is filed at a USCIS service center.

You will need to specify the person or company who filed the temporary work visa petition. Enter the le-gal name of employer. Enter the street address, city, state, and zip code.

Enter the applicant’s monthly salary in U.S. dollars (USD). The salary entered should match the salary listed on any petition, application, employer letter or other documentation related to the temporary work visa.


Photo All applicants must meet the Nonimmigrant Visa Photo Requirements. The requirements provide that the

applicant submit one color passport quality photograph for each DS-160 application. The photograph must be



two inches by two inches (51 mm x 51 mm) and have been taken within six months of the application sub-mission. The photo should display a clear, front view, full face of the applicant. The applicant’s head, meas-ured from the bottom of the chin to the top of the hair, should be between 1 inch and 1-3/8 inches. The head should be centered in the photo. The head of the applicant should not be tilted up or down or to the side. The applicant should be in normal street attire, without hat or dark glasses against a plain white or off-white back-ground. The applicant should have a natural expression, closed mouth, eyes open and looking directly ahead.

A digital photograph is required for use on the DS-160 online application. A digital photograph can be transferred to a computer from a digital camera using a direct connection (such as USB) or a memory card reader. If a digital camera is not available, the applicant can use sources for a digital photograph such as pro-ducing a digital photograph from a film camera. However, producing a digital photograph from a film camera will require the film to be developed, printed on photo-quality paper and then digitally scanned. Often, this additional step produces a low quality image which results in an unacceptable digital photograph. Additional information on Photograph Guidelines for U.S. Travel Documents: Visa Online Applications can be found at http://travel.state.gov/visa/visaphotoreq/visaphotoreq_5334.html.

The online DS-160 application photo screen will display the photo submission button. The applicant must click the button to access the photo submission system to upload the applicant’s photo digitally to the DS-160.

Once in the photo submission system, the applicant must click the “browse” button and choose a JPEG format image (i.e., jpg file type) that is 240 KB or less in file size. Once the photo is chosen, the applicant can proceed with the next step by clicking the “Upload Selected Photo.”

If the applicant’s photo is accepted, the Quality Standards Result page will display the selected photo and state that the applicant’s photo has successfully been up loaded and passed all quality checks. At this point, the applicant can proceed with the application at the Visa website.

If the photo fails to upload onto the application, the confirmation page will display an “X” in the box where the photo should be. The applicant should submit one printed photograph meeting the nonimmigrant visa photograph requirements along with the online DS-1648 confirmation page to the U.S. embassy or con-sulate at which the applicant intends to apply for the visa. The applicant will need to contact the U.S. embassy or consulate for specific instructions on how to send the photograph.

Signature and Submission The applicant must personally sign and submit the DS-160 electronically by clicking the “Sign Applica-

tion” button at the end of the form. The applicant’s attorney, paralegal or other representative cannot electron-ically sign and submit the DS-160, unless the applicant is under the age of 16 or physically incapable of com-pleting the application. In such cases, the application may be signed by the applicant’s parent, legal guardian or other person having legal custody of or legitimate interest in, the applicant.

The electronic signature certifies under penalty of perjury that the applicant has read and understood the questions in the application and the answers are true and correct to the best of the applicant’s knowledge and belief. The submission of an application containing false or misleading statements may result in the perma-nent refusal or a visa or denial of entry into the United States. Therefore, whether the attorney fills out the form on behalf of the applicant or whether the applicant fills out the form and has the attorney review it prior to submission, the visa applicant must, in almost all cases, hit the “submit” button.

Editor’s Note: See also the video posted on YouTube from the U.S. Embassy in Bangkok, which walks applicants through the DS-160 form.

http://travel.state.gov/visa/visaphotoreq/visaphotoreq_5334.html

http://travel.state.gov/visa/visaphotoreq/visaphotoreq_5334.html

http://www.youtube.com/watch?v=RXVYpMfg00U



DS-160 Electronic Visa Application Form: A Step-by-Step Guide

COMPLETING FORM DS-160, ONLINE … Form DS-160, Online Nonimmigrant Visa Application, is completed...

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