2/3/2009

The U.S. Department of State (DOS) has published a final rule in the Federal Register, 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 has became effective.

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.

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.