How to Complete the DS-160 for an E-2 Treaty Investor Visa

The DS-160 times out after 20 minutes of inactivity and saves automatically only when you advance to the next page. Before opening the form, gather the following: a current passport (including the date of issue and expiration), the address and phone number of the U.S. consulate or embassy where you will apply, your intended travel dates, the address where you will stay in the United States, the full legal name and U.S. address of your E-2 enterprise, your employer name and address for any current job in your home country, and a recent passport-style photo in the correct digital format.

For the E-2 portion specifically, you will need the exact investment amount you are committing to the U.S. business, the business type and industry code, the business address and phone number, and the names of any U.S. contacts at the enterprise or your U.S. immigration attorney. Have your business plan and application documents nearby so the answers on the DS-160 match the evidence you are submitting.

On the "Travel Information" page, select "Temporary Business Visitor" under the purpose of trip options and then specify "Treaty Trader/Investor" in the drop-down that follows. Do not select "Tourism" or "Business" without the treaty investor qualifier. The purpose code affects how the post routes and reviews the application.

For the intended length of stay, enter a realistic estimate based on when you expect to be approved and your initial business needs. E-2 visas at most posts are issued with two-year or five-year validity, but the DS-160 asks only for the intended duration of the current trip, not the visa validity you are requesting. Write something practical, such as one to two years, to match your business setup timeline.

The "Who Will Pay for Your Trip?" section should identify yourself as the source of funds, since you are investing your own capital. If an entity is covering travel costs, you can name the U.S. business, but be consistent with how funds are described in the source of funds documentation.

In the "U.S. Contact" section, list either your U.S. immigration attorney or your U.S. enterprise as the primary point of contact. Using the business name and address is common for E-2 applicants who are founding the enterprise. If a law firm is handling the application, attorneys frequently authorize their name and address to be used here.

The "U.S. Employer" section applies if you are changing status within the United States or if you already have a U.S. employer. For consular processing of a brand-new E-2 visa, this section typically does not apply. Leave it blank or mark "not applicable" unless you are already on payroll from the U.S. entity.

Be precise and complete in the previous travel and visa history sections. List every prior U.S. visa, including visas that have expired, visas from prior nationalities, and any visa applications that were denied. A denial that is omitted becomes a misrepresentation issue if it surfaces later. The DS-160 asks specifically whether a visa has ever been refused or cancelled. The answer should be yes if a denial occurred, even for a different visa category.

Consular officers have access to prior application records and can see previous filings. A straightforward disclosure of a prior denial with a brief explanation of why the current application is different is far less problematic than an unexplained discrepancy between the form and the record.

If you overstayed a prior visa, disclose it and be prepared to address it at the interview. The E-2 is a nonimmigrant status, and evidence of prior status violations will be weighed against the application, but nondisclosure is treated as willful misrepresentation under INA 212(a)(6)(C), which carries far more severe consequences.

The DS-160 work history section asks for your current employer and your occupation. For E-2 applicants, the current employer should list the U.S. enterprise you are investing in, even if it is newly formed. Your occupation should match your role: "Business Owner," "Managing Director," or "Chief Executive" are appropriate depending on your actual position. Use the same title that appears in your corporate formation documents and business plan.

The "Monthly Salary" field for the U.S. enterprise should reflect the salary described in the financial projections in your business plan. If the business is pre-revenue and no salary has been set yet, enter the projected owner salary from year one of the projections. Do not leave it blank or enter zero, as that can raise questions about whether the applicant can support themselves.

For prior employment outside the United States, list your actual employers and positions going back at least five years. The employment history should be consistent with the source of funds narrative in your application. If the investment capital comes from income earned abroad, the employer names and income levels on the DS-160 should corroborate what the bank records and tax documents show.

The DS-160 includes a long series of security, criminal history, and immigration violation questions. Answer every question truthfully. A criminal charge or conviction, even for a minor offense or one that occurred years ago, should be disclosed. The question asks about charges and arrests, not just convictions. Expunged or sealed records in foreign countries do not have the same effect as under U.S. law, so when in doubt, disclose and consult with an attorney.

The question about ties to terrorist organizations or participation in genocide applies to a small number of applicants but must be answered carefully if there is any ambiguity based on past work or military service. If the question gives you pause, consult an immigration attorney before submitting. A false answer on any security question is grounds for a permanent bar under INA 212(a)(6)(C).

After completing the DS-160, review every section before submitting. Pay particular attention to the business name, address, investment amount, and occupation fields, because these are the sections consular officers focus on for E-2 cases. Cross-reference the form against your business plan, source of funds documentation, and corporate records before clicking submit.

Once you submit, print the DS-160 confirmation page. It includes a barcode that is scanned when you check in for your visa appointment. Most U.S. consulates require you to bring the printed confirmation to the interview. Losing the confirmation page after submission is not catastrophic since some posts accept the barcode number alone, but bring the printout as a backup.

You cannot edit the DS-160 after submission. If you discover a significant error, you will need to complete a new DS-160 application, obtain a new barcode, and potentially reschedule your appointment. Minor typographical errors in less material fields can sometimes be corrected at the window, but it is better to review carefully before submitting.