DS 160 Tutorial Guide 9 of 12
We hope you enjoy this comprehensive DS 160 guide. If you have any questions or concerns whatseover please do not hesitate to contact us for specific advice and direction.
Part 9 – Form DS-160 Guide – E2 Visa: Personnel Information 2:
Welcome to Part 9 in this series of our DS-160 Guide
Ok – you are now past the most difficult sections of the DS-160, so relax and enjoy the rest of this series. From here on out it should be plain sailing. In this section, we’re going to take a close look at who will be working in the business, starting with you, the key investor. Review the completed sections below for your guidance.
E2 Visa: Applicant’s Present Position
In this case, you will see the drop down with options as to the type of applicant. Make sure you select – ‘Principal/Owner/Investor/Trader’.
The remainder of the information required pertains to your present position and duties in your home country. Here, Immigration is looking to gain an understanding as to how your present background and abilities compares with the business you are looking to run.
Often times, some of our clients choose a completely different field from what they’d previously been doing. In this case, our client was a successful Lawyer in the UK who decided he just needed a radical change. Our client wanted to open up a beauty salon and then build a chain of them. Immigration would be fine with this as long as the Business Plan articulated a clear path as to how our client would gain the required training and licensing in order to be successful.
E2 Visa: Applicant’s Position in the U.S.
Ok – now we’re back to answering questions about your role in the US business. Typically, your title will be ‘Manager’, and you will need to describe your duties accordingly. Immigration will want to know that you will be devoting your time to running the business successfully. The more remote you appear to be, the more likely your application will run into approval difficulties. Therefore, you need to demonstrate that you will be the one who will actually be executively managing the business; that is, setting goals and targets etc. Even if your business will have other subordinate managers, you must make it clear that you will personally have the ultimate responsibility for the business’ success or failure.
The answer to the question – ‘Are you replacing a worker already in the US?’ will most likely be “No” since, in this illustration, you are the new investor seeking to take over or purchase a business. This question is referring to a situation where the alien already owns a US business and has foreign workers in place and is currently wanting to replace one or more of them in this application.
With regards to the question as to whether this application is based on the continuance of existing employment, the answer should again be “No” since you will be leaving your home country to head up your new business.
In this section, the Embassy requires two contacts: firstly, the owner of the business, which is you, and secondly, the law firm representing you, which of course is us.
E2 Visa: Temporary Work Visa Information
This section is basically seeking confirmation as to where you, as the E2 visa investor, will be working. You will notice that they have asked for your “E-Visa Company Registration Number”. What they are really asking for is the Incorporation number assigned to your company. As you know, in order to be an E2 visa applicant you have to incorporate and it’s your newly formed company that buys the business for you with you as the director / owner.
Below is an extract of a company’s ‘Articles of Organization’, also called ‘Articles of Incorporation’. You will notice in the top right section of this form the company’s “Entity Number”. This is the number the Embassy is referring to. Not all Articles look the same but they all have Entity or Registration numbers.
Congratulations! You’ve completed the E2 visa portion of this form.
In the next presentation, we’ll walk you through uploading your passport picture for your case.
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