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The Messersmith Law Firm, P.A. U.S. Investor and Business Immigration Law

E Visa Supplement

Form DS-156E for E-2 Employees

Determine when the Department of State requires Form DS-156E in an E-2 visa application.

Legal guide Reviewed by Peter Messersmith Reviewed September 13, 2026 Primary sources linked below
Investor DS-156E not required by current FAM
Derivative DS-156E not required
E-2 employee Required in covered employee cases

What the governing framework requires

Current 9 FAM guidance states that E-2 investor applicants and E-2 derivatives do not need to submit Form DS-156E. E-2 essential employees and managers are required to submit Form DS-156E with Form DS-160. The form collects detailed information about the treaty enterprise, ownership, finances, staffing, and the employee's proposed U.S. duties.

The FAM distinguishes E-2 investors from E-2 employee applicants

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 form requests detailed company information

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.

The form focuses heavily on the proposed employee

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 DS-156E should match the employee evidence

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.

The form may interact with a consular company's E visa registration record

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.

Use the current form and current post 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.

Frequently asked questions

Does an E-2 investor currently need Form DS-156E?

Current 9 FAM guidance states that E-2 investor applicants do not need to submit it.

Do E-2 derivatives need Form DS-156E?

Current 9 FAM guidance states that E-2 derivatives do not need it.

Who uses Form DS-156E in E-2 cases?

Current guidance requires it for covered E-2 essential employees and managers.

Does the employee still complete Form DS-160?

Yes.

Does Form DS-156E ask about company ownership?

Yes.

Does Form DS-156E ask about proposed U.S. duties?

Yes.

Primary authorities and official guidance

This guide was reviewed against the following government sources. Agency pages and regulations can change; confirm current editions and filing instructions before acting.

  1. 9 FAM 402.9 — Treaty Traders, Investors, and E Visas Current Department of State E visa guidance.
  2. Department of State — Form DS-156E Official treaty trader and treaty investor supplemental application.
  3. Department of State — Treaty Trader and Treaty Investor Visas Current public Department of State E visa requirements and application guidance.
  4. 22 C.F.R. §41.51 Department of State regulation governing treaty trader and treaty investor visas.
Editorial note: This page provides general legal information, not a prediction of outcome or legal advice for a particular matter. Legal content reviewed by Peter Messersmith , Senior Immigration Attorney, The Messersmith Law Firm, P.A..

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