The United States Department of State's new DS-160 visa application form came into effect last week. Form DS 160 is required for all US nonimmigrant visa applications. The new form is almost identical to the previous version, except that it now contains more security features to ensure the form was signed and submitted by the applicant. The new rules are very strict about who can and cannot sign the form. As per these new rules, attorneys, their staff members or in-house counsel and their staff members are not permitted to sign forms on behalf of visa applicants.

More specifically, the applicant must electronically sign the DS-160 form by clicking the "Sign Application" button at the end of the form. When doing so, it is key that the applicant click "Sign Application" and submit the DS-160 form from his or her individual computer, as the IT staff at the US State Department will be checking the IP address used to sign and submit the DS-160 form to make sure it corresponds to the individual visa applicant.

The following problem arises for outside or in-house counsel: how do you handle processing such applications for high-level visa applicants (e.g., executives, managers, performers, athletes and their family members) who do not have the time (on average at least one hour) to fill out these lengthy visa application forms?

For employers, attorneys and their staff, we recommend the following course of action to comply with these new DS 160 electronic signature requirements:

  • Obtain written consent, such as an email confirmation, to create an individual account for each visa applicant;
  • Create an individual account (user name and password) for each applicant;
  • Fill out the form for applicant, saving the form as a draft version on applicant's individual account;
  • Once form is ready for submission, with visa applicant on phone, have applicant log in, retrieve draft form, review carefully all information on the form, click "Sign Application" button and submit form; and
  • Have applicant forward DS-160 submission confirmation page to representative to secure visa appointment.

Note that submitting an application containing any false or misleading statements may result in the permanent refusal of a visa or denial of entry into the United States. All declarations made in the application are made under penalty of perjury. Thus, it is not advisable to sign the DS-160 form on behalf of the applicant under any circumstance except when a parent or legal guardian signs for a minor child or a disabled person.  

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