Form DS-156E, Explained

A TRW Law Firm Guide to the Nonimmigrant Treaty Trader/Investor Application

Introduction

For investors and traders seeking to engage in meaningful economic activity in the United States, the E-1 and E-2 visa categories provide invaluable opportunities. These treaty-based visa classifications allow nationals from treaty countries to enter and work in the United States based on substantial trade or investment. To apply for these visas, Form DS-156E—officially titled the “Nonimmigrant Treaty Trader/Investor Application”—is a key requirement. This comprehensive TRW Law Firm guide explores every critical aspect of the form: purpose, process, eligibility, documentation, fees, and strategic filing tips.

This article is crafted to help businesspeople, investors, and corporate entities alike confidently prepare their E-1 or E-2 visa application, while maintaining compliance with U.S. immigration laws.

🟩 What Is Form DS-156E?

Form DS-156E is used by individuals applying for E-1 (Treaty Trader) or E-2 (Treaty Investor) nonimmigrant visas at a U.S. embassy or consulate. The form is designed to collect detailed information about the applicant’s business, their financial and trade dealings, and their specific role in the enterprise.

While Form DS-156E is not required if you’re applying for a change of status from within the United States (which would use Form I-129), it is a mandatory part of the visa process if you’re applying from abroad.

🟩 Purpose of the E-1 and E-2 Visas

The E-1 and E-2 visa programs originate from treaties of commerce and navigation between the U.S. and other countries. Here’s what they entail:

• E-1 Visa (Treaty Trader): For individuals and companies engaged in substantial international trade between the U.S. and their home country.
• E-2 Visa (Treaty Investor): For individuals or companies who are making substantial investments in a U.S.-based enterprise.

These visas allow nationals of treaty countries to enter the U.S. and manage or direct the trade or investment operations of their company.

🟩 Who Needs to File Form DS-156E?

You must file Form DS-156E if:

🟩 You are applying for an E-1 or E-2 visa from outside the U.S., through a U.S. embassy or consulate.
🟩 You are the principal investor or trader, or an executive, supervisor, or essential employee of a treaty enterprise.
🟩 You are applying on behalf of a business that qualifies under treaty country ownership and investment requirements.

🟩 Filing Fee for Form DS-156E

Form DS-156E itself has no standalone fee. However, there is a standard nonimmigrant visa application fee for the E-1/E-2 visa:

🟩 E-1/E-2 Visa Application Fee: $315 (as of 2025)

This fee is paid directly to the U.S. Department of State or at the respective U.S. embassy/consulate.

🟩 Processing Timeline for Form DS-156E

The average processing time for an E-1 or E-2 visa application submitted with Form DS-156E is:

🟩 7–10 business days after the visa interview (if all documents are in order)

However, the actual wait time may extend due to:

🟩 Volume of applications at the consulate
🟩 Additional document requests (RFEs)
🟩 Country-specific background checks
🟩 Public holidays or consular delays

Applicants should realistically anticipate a 4–12 week window from application to visa issuance.

🟩 Key Requirements for Form DS-156E

To complete and file Form DS-156E successfully, the applicant must meet the following conditions:

Treaty Country Nationality

The applicant must be a national of a country that maintains an E visa treaty with the U.S.

Trade or Investment

• For E-1 visas: There must be substantial trade primarily between the U.S. and the treaty country.
• For E-2 visas: A substantial monetary investment must be made into a bona fide U.S. enterprise.

Active Involvement

The applicant must be coming to the U.S. to develop and direct the business (or be an essential employee).

Intent to Depart

Applicants must show they intend to leave the U.S. when their E-1 or E-2 status expires.

🟩 Required Supporting Documents

To substantiate Form DS-156E, the following documents are typically required:

🟩 Business Registration Documents
Articles of incorporation, partnership agreements, operating agreements, and licenses.

🟩 Business Plan
A 5-year plan that includes executive summary, market analysis, financial forecasts, and hiring plans.

🟩 Financial Documents
Balance sheets, income statements, profit & loss reports, bank statements, and tax returns.

🟩 Proof of Substantial Trade (E-1)
Purchase orders, shipping documents, customs paperwork, trade invoices.

🟩 Proof of Substantial Investment (E-2)
Investment receipts, asset transfers, capital equipment lists, lease agreements.

🟩 Evidence of Treaty Nationality
Passport or national ID confirming citizenship of a treaty country.

🟩 Job Descriptions and Resumes
Details of roles for executives or key personnel.

🟩 Ownership Breakdown
Ownership chart showing that at least 50% of the company is owned by nationals of the treaty country.

🟩 Exit Strategy or Proof of Ties Abroad
Proof that applicant intends to return home (property deeds, employment contracts, family documents).

🟩 Application Process for Form DS-156E

Step 1: Complete the DS-160 Form

Start by filling out the general Form DS-160 online. This is a prerequisite for all nonimmigrant visa applicants.

Step 2: Download and Fill Out DS-156E

Download the latest Form DS-156E from the Department of State’s website. It must be completed in English and signed.

Step 3: Gather Supporting Documents

Compile a comprehensive package including company information, ownership structure, business plans, and personal documents.

Step 4: Pay the Visa Fee

Pay the $315 fee via the designated method for the U.S. embassy or consulate handling your application.

Step 5: Book a Visa Interview

Schedule a visa interview at your nearest U.S. embassy or consulate. Slots can fill up quickly, so early booking is advised.

Step 6: Attend the Interview

Bring printed copies of DS-156E, DS-160 confirmation, and all supporting documents. Be prepared for an in-depth discussion about your trade or investment.

Step 7: Await Processing

The consulate will process your application post-interview. You may be asked to submit additional evidence.

Step 8: Visa Approval and Entry

If approved, your passport will be stamped with the E-1 or E-2 visa, and you may enter the U.S. to engage in your business activity.

🟩 Filing Tips from TRW Law Firm

✅ DO:

🟩 Double-check treaty country eligibility before filing.
🟩 Prepare a strong, detailed business plan—preferably reviewed by financial and legal experts.
🟩 Clearly show capital at risk (for E-2) or documented trade activity (for E-1).
🟩 Label and index all submitted documents for the consular officer’s ease.

❌ DON’T:

🟩 Submit vague or overly optimistic revenue projections.
🟩 Underestimate the importance of documenting job creation.
🟩 Assume previous U.S. visa approvals will influence this decision.
🟩 Submit without legal review if large investments or complex ownership structures are involved.

🟩 E Visa Duration and Extensions

• Initial E-1 and E-2 visas are generally valid for up to two years.
• Extensions may be granted in two-year increments, with no limit on renewals as long as qualifications remain.
• You must maintain the qualifying business and continue to meet treaty requirements.

🟩 DS-156E FAQs

Can my family accompany me?

🟩 Yes. Spouses and unmarried children under 21 can receive derivative E visas.
🟩 Spouses may also apply for work authorization (EAD).

How long can I stay in the U.S. on this visa?

🟩 Up to 2 years per stay, renewable indefinitely if the business continues to qualify.

Can an E-1 or E-2 visa lead to a green card?

🟩 Not directly. However, many E visa holders later adjust status through:

• EB-5 Immigrant Investor visa
• EB-1A (extraordinary ability)
• EB-2 NIW (National Interest Waiver)
• Family-based sponsorship

What is the E-3 visa?

🟩 The E-3 visa is exclusively for Australian nationals working in specialty occupations. It is similar to the H-1B visa but has its own classification and cap.

🟩 Common Reasons for Denial

🟥 Inadequate investment or trade volume
🟥 Weak or unrealistic business plan
🟥 Ownership of the company not clearly traced to treaty nationals
🟥 Intent to depart not demonstrated
🟥 Suspicion of marginal enterprise (not economically viable)

🟩 Why Work with TRW Law Firm?

Navigating the E-1 and E-2 visa process requires a nuanced understanding of U.S. immigration law, business structuring, international treaties, and consular practices. TRW Law Firm offers:

🟩 Business immigration strategy consultation
🟩 Document preparation and legal review
🟩 Embassy interview coaching
🟩 Ongoing compliance advisory for visa renewals

Whether you are a solo investor or a multinational executive, TRW Law Firm is your trusted legal architect for cross-border success.

Conclusion

Form DS-156E is a powerful gateway to operating a U.S.-based enterprise as a treaty trader or investor. But its success hinges on careful preparation, proper documentation, and expert legal strategy. From understanding the treaty basis of your visa to ensuring accurate form filing and interview readiness, every step matters.

Let TRW Law Firm guide you toward building your American business dream—one page, one plan, one visa at a time.

📊 Summary Table: Form DS-156E Overview

📞 Contact TRW Law Firm

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