Form DS-156E for E-2 Employees

Current Department of State guidance specifically states that E-2 investor applicants and E-2 derivatives do not need Form DS-156E, while E-2 essential employees and managers must submit it together with Form DS-160.

Current Department of State guidance distinguishes E-2 principal investors from E-2 employees for Form DS-156E. The DS-160 FAQ states that an E-2 principal investor needs only the DS-160, while an E-2 executive, manager, or essential employee must also use the DS-156E. Current 9 FAM 402.9 likewise states that E-2 investor applicants and derivatives do not submit DS-156E and that covered E-2 employees submit it with the DS-160. Because Department forms and post procedures can change, the case should use the current version and confirm the instructions of the embassy or consulate handling the application.

The DS-156E requests information about the U.S. enterprise, foreign parent where applicable, ownership nationality, assets, liabilities, equity, operating income, staffing, and business activity.

Form DS-156E collects detailed information about the treaty enterprise rather than focusing only on the individual employee. The form asks about the US business, foreign parent where applicable, ownership nationality, business activity, assets, liabilities, equity, operating income, and staffing. Those answers should be prepared from current corporate and financial records and should match the E-2 supporting package. Ownership percentages, treaty nationality, employee totals, financial figures, and business descriptions can be checked against the organizational chart, tax and accounting records, registration materials, and employer letter. The form should not become a separate factual version of the enterprise.

It asks for the applicant's present position, experience, education, proposed U.S. position, duties, immediate subordinates, compensation, and whether the position replaces another employee or increases staff.

For an E-2 employee, the DS-156E also focuses on the proposed US role and the applicant's qualifications. The form requests information about present and proposed positions, duties, compensation, education, experience, immediate subordinates, and staffing effects. Those answers should support the actual executive, supervisory, or essential employee theory being presented. An executive or supervisory case should describe genuine authority and organizational placement, while an essential employee case should document the special qualifications and business need for those skills. The resume, employer letter, organization chart, payroll, job descriptions, and DS-156E should therefore describe the same position and factual structure.

The proposed duties, organizational chart, staffing information, resume, company records, and supporting letter should tell a consistent story.

The DS-156E, DS-160, employer letter, organization chart, ownership evidence, and company financial information should be reviewed together before submission. Differences can arise innocently because the forms ask questions in different ways or use figures from different reporting dates, but material discrepancies should be reconciled. Particular attention should be given to ownership percentages, employee counts, job titles, proposed duties, compensation, business activity, and financial data. If a figure changed after an earlier registration or visa application, the current form should use accurate current information and the supporting package should explain the change where it is material to E-2 qualification.

Some consular posts maintain registration programs for treaty companies. Applicants should follow the procedures of the specific post even where the enterprise has previously been registered.

Some embassies and consulates maintain E-visa company registration or renewal procedures that can affect how employee cases are submitted. A previously registered enterprise may not need to recreate every part of the company record for every employee, but the applicant must follow the procedures of the post handling the case and provide any updated company information the post requires. Registration does not eliminate the employee's own eligibility analysis. The DS-156E and individual evidence should still accurately describe the proposed role and qualifications, and significant changes in ownership, business operations, staffing, or the employee's position should be addressed under the post's current instructions.

E visa forms and consular submission procedures can change. The applicant should confirm the current Department of State form and the local post's instructions before submission.

Before filing, confirm that the current DS-156E is being used and review the specific E-visa instructions of the embassy or consulate. Department of State procedures can differ by post in the method and timing of document submission, company registration, electronic uploads, and interview scheduling. The final review should compare the DS-156E against the DS-160 and the supporting E-2 package for current figures and consistent facts. The applicant should retain a copy of the submitted form and supporting record for interview preparation. If the post requests an updated form or supplemental company documentation, the response should use the same verified underlying facts.