New Electronic Form DS-160 for Nonimmigrant Visa Applicants
Posted May 09, 2008
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The U.S. Department of State (DOS) published a final rule in the Federal Register on April 29, 2008, amending the regulations related to the application for a nonimmigrant visa. The changes offer a completely electronic application form, referred to as the DS-160 Electronic Form; an alternative to Form DS-156. Because this final rule is exempt from notice and comment rulemaking, it became effective on the date of publication, April 29, 2008.
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While the final rule still allows for filing an application using Form DS-156, it proposes eventual elimination of that form; replacing it with DS-160. As of the time of this writing, DS-160 is only available for use when applying for a visa in Monterrey or Nuevo Laredo, Mexico. The DS-160 is available through the DOS Consular Electronic Application Center at https://ceac.state.gov/genniv/. The DOS Bureau of Consular Affairs WebSite still carries the DS-156.
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Requirements for Electronic Filing of Form DS-160
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According to this rule, the new visa application on Form DS-160 must be completed electronically and signed by clicking the box designated Sign Application. Applicants under 16 years of age, or other applicants who are unable to sign the form because of some physical incapacity, may submit applications signed by their parents, guardians, or other individuals having legal custody over them. The requirement of filing the new form electronically is not waived, even if personal appearance is not required. All supporting information, such as the applicant's biometrics and even the applicant's statements, will become part of the application. After the issuance of a visa, the original documents should be returned to the applicant. Duplicate copies may be retained in the consular files.
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Conclusion
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The Murthy Law Firm has been unable to confirm that the new Form DS-160 is being used and/or is required at this time. It appears that the consular posts and the Bureau of Consular Affairs are still instructing visa applicants to file DS-156 under the new provision, which gives permission to a consular officer to direct an applicant to submit DS-156 in lieu of the new DS-160. It remains to be seen exactly when and how the new rule will be more widely implemented. Those who intend to apply for a nonimmigrant visa for travel to the U.S. should anticipate that the new electronic visa application form may be required in the near future. MurthyDotCom and MurthyBulletin readers should always check the websites of the consulates where they will apply, as well as the DOS links provided above, for updated information on the forms to use for visa applications.