How to complete the US business visa application form

Foreign nationals travelling to the USA for business purposes on a non-permanent basis will need to obtain a relevant US business visa. Although there are varied categories of US business visa available, for most you will be required to complete the Online Non-immigrant Visa Application form DS-160.

 

Form DS-160

The US business visa application form DS-160 is completed online via the Department of State website. Before you begin to complete the form, you should have all the information you need for your application prepared.

 

Photograph

As part of the application, you will be asked to upload your photograph. Try the ‘Test Photo’ option before you go any further. This will tell you if your photograph is suitable.

 

Personal Information

This section asks for:

• your surname, as it appears in your passport, and your given names, i.e. your first and middle names
• your full name in your native alphabet
• any other names you have ever been known by, for instance, your maiden name or a professional name
• sex
• marital status
• date of birth
• place of birth
• country or region where you were born, i.e. your nationality
• whether you hold, or have ever held, any nationality other than the one indicated by the country or region of your birth above. If yes, then state that country/nationality and whether you hold a corresponding passport. If you do hold such a passport, then state the related passport number.
• whether you are a permanent resident of a country or region that is not your country of region of birth. If yes, provide details.
• your national identification number, if you have one
• your US social security number, if you have one
• your US taxpayer ID number, if you have one

 

Address and Phone Information

This section asks for:

• your home address, where you have lived for the last 6 months
• whether your mailing address is the same as your home address. If not, supply your mailing address. This is where your passport and other communications will be sent.
• phone numbers
• email address

 

Passport Information

This section asks for:

• the type of passport or travel document you hold
• your passport/travel document number
• your passport book number (if you have one)
• the country or authority that issued your passport/travel document
• the location where the passport/travel document was issued
• the date of issue and expiry date
• whether you have ever lost a passport or had one stolen

 

Travel Information

This section asks for:

• the purpose of your trip to the USA. You will be given a list of options to choose from, each indicating the type of visa you require.
• If you are applying for a dependent visa (the wife or child of the main applicant) you will be asked for the name of the main applicant.
• your application receipt/petition number (if you have one)
• the name of your company if you are applying for a Treaty Trader/Investor visa
• whether you’ve made specific travel plans (this is for the purpose of establishing how long you will be in the USA so you will also need to state travel dates and details)
• the address where you will stay whilst in the USA
• the person/entity paying for your trip (this could be you, another person or a company/organisation)

 

Travel Companions Information

This section asks for:

• details of anyone who is travelling with you
• whether you are travelling as part of a group or organisation

 

Previous US Travel Information

This section asks for:

• whether you have visited the USA before. If the answer is yes, provide details of your previous visit.
• whether you have ever been issued a US visa and details of that visa
• If so, whether you are applying for the same type of visa and from the same country or location, whether you have provided a full set of fingerprints (ten-printed), have ever lost a US visa or had one stolen, or had your US visa cancelled or revoked.
• whether you have ever been refused a US visa or entry into the USA, or withdrawn your application for admission at the point of entry
• whether an immigrant petition has ever been filed with USCIS (United State Citizenship and Immigration Service) on your behalf

 

US Point of Contact Information

This section relates to any person in the US who knows you and can confirm your identity, or a company or organisation you plan to visit in the USA during your visit. If you don’t have either of these, state the name of the hotel where you will stay instead. This section of the application asks for:

• contact person
• organisation name
• relationship to you (of the contact person or organisation)
• address and phone number of your point of contact
• their email address

 

Family Information: Relatives

This section asks for:

• Father’s full name and date of birth
• Is your father in the US?
• Mother’s full name and date of birth
• Is your mother in the US?
• whether you have any immediate relatives (not parents) in the USA. If yes, provide details.

 

Family Information: Spouse

This section asks for:

• spouse’s surnames and given names
• spouse’s date of birth
• spouse’s country/region of birth (nationality)
• spouse’s place of birth
• spouse’s address

 

Present Work/Education/Training Information

This section asks for:

• your primary occupation (with a list of options to choose from)
• your present employer or school name and their address
• your monthly income in your local currency, if employed
• a brief description of your duties

 

Previous Work/Education/Training Information

This section asks for:

• whether you were previously employed and if so, details of your previous employment
• whether you have attended any educational institutions other than elementary school and if yes, provide details

 

Additional Work/Education/Training Information

This section asks:

• whether you belong to a clan or tribe
• whether you have travelled to any other countries or regions during the last 5 years and if so, which countries or regions
• whether you have belonged to, contributed to, or worked for any professional, social or charitable organisation and if so, provide details
• whether you have any specialised skills or training and if so, give details
• whether you have ever served in the military and if so, provide details
• whether you have ever served in, been a member of, or been involved with a paramilitary unit, vigilante unit, rebel group, guerrilla group, or insurgent organisation, and if so, give details.

 

Security and Background

This section asks for:

• medical and health information:
  • whether you have a communicable disease
  • whether you have a mental or physical disorder that poses or may pose a threat to the safety and welfare of both yourself and others
  • whether you are or have ever been a drug abuser of addict
• criminal information:
  • whether you have ever been arrested or convicted of a criminal act or offence, even though the subject of a pardon, amnesty or similar
  • whether you have violated, or engaged in a conspiracy to violate, any controlled substances related laws
  • whether you intend to come to the USA to take part in prostitution or other unlawful commercialised vice, or whether you have ever engaged in prostitution or procuring prostitutes within the last 10 years
  • whether you have ever been involved in money laundering, or now intend to engage in money laundering
  • whether you have ever committed, or conspired to commit, human trafficking in or outside of the USA
  • whether you have knowingly aided, abetted, assisted or colluded with a person who has committed or conspired to commit a severe human trafficking offence in or outside of the USA
  • whether you are the spouse or child or a person who committed or conspired to commit a severe human trafficking offence in or outside of the USA, and have knowingly benefited from that activity
• security information:
  • whether you intend to engage in espionage, sabotage, export control violations, or other illegal activity during your time in the USA
  • whether you intend to engage in terrorist activities during your time in the USA, or have previously engaged in terrorist activities
  • whether you have in the past or now intend to provide financial assistance or other support to terrorists or terrorist organisations
  • whether you are a member or representative of a terrorist organisation
  • whether you have ever ordered, incited, committed, assisted or otherwise participated in genocide
  • whether you have ever ordered, incited, committed, assisted or otherwise participated in torture
  • whether you have ever ordered, incited, committed, assisted or otherwise participated in extrajudicial killings, political killings, or other violent acts
  • whether you have ever been involved in the recruitment or use of child soldiers
  • whether you have been responsible in any way for severe violations of religious freedom while serving as a government official
  • whether you have ever been directly involved in establishing or enforcing population controls which force a woman to have an abortion against her will or a man or woman to be sterilised against their will
  • whether you have been directly involved in the coercive transplantation of human organs or body tissue
• immigration law violation information:
  • whether you have ever attempted to obtain or assisted others in obtaining a visa or other form of entry into the USA or any other US immigration benefit by fraud or misrepresentation or other illegal means
• miscellaneous information
  • whether you have ever withheld a US citizen child, outside the USA, from the person who has been granted legal custody of that child in a US court
  • whether you have illegally voted in the USA
  • whether you have at any time renounced US citizenship for tax avoidance purposes

 

Preparer of Application

You will be asked if anyone has assisted you in making your application. If the answer is yes, the person who assisted you must answer the following questions:

• surnames and given names
• organisation name, if appropriate
• complete address
• relationship to the applicant

 

Signature and Confirmation Page

These are the final parts of the form.

Once complete, you must print out the confirmation sheet, which contains a bar code. This will be required for your interview at your local US Embassy or Consulate.

 

Other forms in addition to the DS-160

For certain US business visas, other forms may be required in addition to the DS-160, for example:

• E1 Treaty Trader and E2 Treaty Investor visa – Executive/Manager/Essential Employee form DS-156E
• L Intracompany Transferee visa – Non-immigrant Petition Based on Blanket L Petition form I-129S
• F or M Student visa – Certificate of Eligibility for Non-immigrant Student Status form I-20, and SEVIS I-901 Receipt
• J Exchange Visitor visa – Certificate of Eligibility for Exchange Visitor Status form DS-2019, and SEVIS I-901 Receipt
• H Speciality Worker, O Individuals with Extraordinary Ability or Achievement and P Athlete or Entertainment visa – Notice of Action form I-797 and any other employment-related documents
• A Diplomat and Foreign Government Official, G International Organization Employee and NATO Foreign Military Personnel visa – Diplomatic Note
• I Media, B1 Temporary Business Visitor, A3 Domestic Employee of Diplomat or Foreign Government Official, G5 Personal Employee or Domestic Worker of an International Organization Employee, C1/D Crew Member/Transit visa – letter from your employer confirming the details of your employment and a letter from the US inviting organisation, if applicable

 

Intracompany Transferee Visas

This type of visa covers the following 2 categories:

• L-1A – Intracompany Transferee Executive or Manager
• L-1B – Intracompany Transferee Specialized Knowledge

To apply for either of the L1 visas, your employer must complete an L1 visa petition (form I-129 Petition for a Non-immigrant Worker) along with the form I-129L supplement, before you can make your DS-160 application.

 

Speciality Occupations, DOD Co-operative Research and Development Project Workers, and Fashion Model Visas

This type of visa covers the following 3 categories:

• H-1B Speciality Occupations
• H-1B2 Department of Defence Researcher and Development Project Worker
• H-1B3 Fashion Model

For an H1 visa to be granted, your prospective employer must file an approved Labour Condition Application (form ETA-9035) and a non-immigrant worker petition (form I-129) through USCIS, before you can make your DS-160 application.

In the case of an application for an H-1B2 visa, it is not necessary for a Labour Condition Application to be filed, although the non-immigrant worker petition is still required.

 

Individuals with Extraordinary Ability of Achievement Visas

This type of visa covers the following 4 categories:

• O-1A Extraordinary ability in the sciences, education, business or athletics
• O-1B Extraordinary ability in the arts or extraordinary achievement in the film or television industry
• O-2 person accompanying an O-1 athlete or artist to assist them in an event or performance
• O-3 spouse or children of and O-1 or an O-2

To apply for an O visa, the employer or sponsor should first file a Petition for Non-immigrant Worker (Form I-129) with USCIS. Once the petition has been approved, you should apply through the Online Non-immigrant Visa Application system (form DS-160).

 

Treaty Traders and Investors

This type of visa covers the following 2 categories:

• E-1 Treaty Trader
• E-2 Treaty Investor

For an E-1 Treaty Trader visa or an E-1 or E-2 Executive/Manager/Essential Employee, it will be necessary to submit a form DS-156E in addition to the DS-160.

 

Need assistance?

The US business visa application form is extensive and requires a substantial amount of documentation to provide evidence of eligibility.

Specialist legal advice from NNU Immigration can assist in helping you identify which visa is most suitable for your purposes, gathering supporting documentation, and communicating with the relevant authorities on your behalf so that your US business visa application has the best chance possible of a successful outcome.

If you have a question about the US business visa application form, or any other US immigration-related matter, please contact us for advice.

This article does not constitute direct legal advice and is for informational purposes only.