Form DS-156 Supersedes Earlier Form OF-156 for Visa Applicants
Posted Jan 04, 2002

The U.S. Department of State (DOS) announced at the end of December 2001 that consulates will no longer accept the prior Nonimmigrant Visa Application Form OF-156. In its place, the consulates will be required to use the new form DS-156. DOS announced the usage of the new form DS-156 several months ago and consular posts were instructed to begin using the new form "as soon as possible." The consulates were permitted to use their existing form OF-156s "for a reasonable period of time."

The DOS has apparently decided that "a reasonable period of time" has elapsed. They explain that it is particularly important to have all consular posts use the same form after the events of September 11, 2001. Accordingly, effective immediately, they have been instructed to destroy all old forms and exclusively use the new DS-156.

The form DS-156 is available on the DOS WebSite. The new form DS-156 is largely identical to the old form. The new form now contains a space for the applicant's national identity number and adds the question, "Who will pay for your trip?" With respect to efforts to immigrate permanently to the U.S., it contains the single question "Has anyone ever filed an immigrant visa petition on your behalf? The previous form asked two additional questions regarding this issue. The eliminated questions are (a) "Has a labor certification for employment in the U.S. ever been requested on your behalf?" and (b) "Have you or anyone acting for you ever indicated to a U.S. Consular or Immigration employee a desire to immigrate to the U.S. or have you ever entered the visa lottery?"

The new form is on standard-sized paper, 8 1/2 x 11 inches, to allow for readability and note taking. Though consulates are allowed to use the condensed version for space considerations, they cannot prevent applicants from using the full-page version. Instructions for the form are no longer included as part of the form. The posts can issue instructions as they see fit, as a matter separate from the form itself.

The non-immigrant visa form, DS-156, is used solely to request issuance of one of the many types of temporary visas issued by the U.S. consulates. It should not be confused with the forms filed with the INS within the U.S. itself.

We remind our MurthyBulletin and MurthyDotCom readers that all applications for visas are subject to increased scrutiny since September 11, 2001. If any of our readers or their family members intend to request a temporary visa, like the H1B or the B-2, etc., they should review the form DS-156 first and obtain advice if they are uncertain of the meaning of any of the questions before responding and becoming subject to permanent or temporary bars to admission, based on fraud or misrepresentation.