E-2 Visa Forms: DS-160, DS-156E, I-129, I-539, I-765 and More

The E-2 uses different forms depending on where you apply. At a U.S. embassy or consulate, every applicant files a DS-160, and only E-2 employees, managers and essential workers add a DS-156E. Inside the United States, the business files Form I-129 in the E classification with the E supplement, family members file one Form I-539, a spouse may file Form I-765 for an optional work card, and Form I-907 requests premium processing.

This page is a reference for each form: who files it, when, what it costs and where to get it. Your immigration attorney prepares and files the forms; knowing what each one does helps you supply the right information on time.

E-2 visa forms at a glance

Form	Who files	When	Fee status	Official link
DS-160, Online Nonimmigrant Visa Application	Every consular applicant: investor, employee, spouse, each child	Before the embassy appointment	No form fee; $315 visa fee per applicant	ceac.state.gov
DS-156E, Treaty Trader/Investor Application	E-2 employees, managers and essential workers (not the principal investor, not family)	With the DS-160 and the package	No form fee	State Department or your embassy’s E-visa page
I-129, Petition for a Nonimmigrant Worker (E classification, with E supplement)	The U.S. business, for a change of status or extension	When the investor or employee is in the U.S. and wants E-2 status	$1,015 (paper) / $965 (online), or $510 for 25 or fewer FTE, plus Asylum Program Fee $600 ($300 small employers, $0 nonprofits)	uscis.gov/i-129
I-539, Application to Extend/Change Nonimmigrant Status	Spouse and children (one form for the family)	With or after the principal’s I-129	See current USCIS fee schedule	uscis.gov/i-539
I-765, Application for Employment Authorization	E-2 spouse (optional)	Any time in valid E-2 status	See current USCIS fee schedule	uscis.gov/i-765
I-907, Request for Premium Processing	The petitioner on Form I-129	With the I-129 or while it is pending	$2,965 for requests postmarked on or after March 1, 2026	uscis.gov/i-907
I-94, Arrival/Departure Record	Created by CBP at entry, or issued with a USCIS approval	Each admission	No fee to download	i94.cbp.dhs.gov
I-9, Employment Eligibility Verification	The employer of an E-2 spouse (and of every U.S. hire)	Within the first days of employment	No fee	uscis.gov/i-9

Fees change. Always confirm on the USCIS fee schedule (G-1055) and the State Department’s fee page before paying.

Consular forms: DS-160 and DS-156E

DS-160

The DS-160 is the online nonimmigrant visa application, completed on the State Department’s Consular Electronic Application Center. Every applicant files one, including your spouse and each child. Under the Foreign Affairs Manual (9 FAM 402.9-11(A)), the E-2 principal investor answers the E-specific questions about the enterprise and the investment inside the DS-160.

Practical points:

• Each DS-160 produces a confirmation page with a barcode, which you need for the appointment.
• Answers on work history, travel and prior visas must match your passport stamps, resume and any earlier applications.
• Figures about the business must match your business plan and investment summary.

DS-156E

The DS-156E, the Nonimmigrant Treaty Trader/Investor Application, is now used for E-2 employees, managers and essential workers, and for E-1 applicants. The E-2 principal investor and family members do not file it. We explain the change and how to prepare answers in our DS-156E guide.

Visa fees

The MRV visa application fee for E visas is $315 per applicant. Some nationalities also pay a reciprocity issuance fee when the visa is issued. Public Law 119-21 (signed July 4, 2025) created a $250 visa integrity fee, but implementation has been uneven, so check with your embassy. Our E-2 visa cost guide puts all government and professional costs together.

USCIS forms: I-129, I-539, I-765 and I-907

Form I-129 with the E supplement

Inside the U.S., E-2 classification is requested on Form I-129, Petition for a Nonimmigrant Worker, in the E classification with the E supplement. The business files it, whether for the investor or for an E-2 employee. It is used for:

• A change of status from another nonimmigrant status, such as B-2, F-1 or H-1B
• An extension of stay in E-2 status
• A substantive change in the business, such as a merger, acquisition or sale that affects treaty nationality, which requires a new I-129 approval or a new visa

Each approval grants up to two years, and extensions have no limit in number while the business keeps qualifying. The filing fee is $1,015 (paper) / $965 (online), or $510 for employers with 25 or fewer full-time equivalent employees, plus the Asylum Program Fee of $600 ($300 for small employers, $0 for nonprofits). See change of status to E-2 and E-2 substantive change.

Form I-539 for dependents

Your spouse and unmarried children under 21 file one Form I-539 to change or extend their status alongside your I-129. Check the current USCIS fee schedule for the amount. Details on derivative status are in E-2 spouse and children.

Form I-907 for premium processing

Form I-907 asks USCIS to decide the I-129 within 15 business days, meaning an approval, a request for evidence or a notice of intent to deny. The fee is $2,965 for requests postmarked on or after March 1, 2026. Premium processing never applies to embassy cases, and your attorney can explain how USCIS handles the family’s I-539 when the I-129 is premium processed. See E-2 processing time.

Form I-765 for an optional spouse EAD

An E-2 spouse is authorized to work incident to status. Form I-765 gives an Employment Authorization Document, which some spouses want as a standalone card, but it is not required to start work. See E-2 spouse work authorization.

Records that work like forms: I-94 and I-9

The I-94 record

The I-94 is CBP’s electronic record of your admission. It shows your class of admission and the date your stay ends. For E-2 travelers, CBP generally admits for up to two years per entry, regardless of how long the visa is valid, and each new entry generally gives a new two-year admission. The I-94 also shows the family members’ classes:

• E-2 for the investor or employee
• E-2S for the spouse, which is acceptable evidence of employment authorization since January 30, 2022
• E-2Y for children, who are not authorized to work

Download your I-94 after every entry from the CBP website and check the class and date. Mistakes are easier to fix right away.

Form I-9 for an E-2 spouse

Every U.S. employer completes Form I-9 for each new hire. An E-2 spouse can present an unexpired foreign passport with an I-94 marked E-2S as evidence of employment authorization, without an EAD. Your E-2 business also completes an I-9 for every U.S. employee it hires.

Which forms do you need? Three common scenarios

Scenario	Forms
Investor abroad, applying with spouse and two children	Four DS-160s, four visa fees; no DS-156E
Investor already in the U.S. on B-2 or F-1, spouse with them	I-129 (E) with E supplement, I-539 for spouse, optional I-907; optional I-765 later
E-2 company sending a manager from the treaty country	DS-160 and DS-156E for the manager; DS-160s for the manager’s family

Common mistakes with E-2 forms

• Filing a DS-156E for the principal investor or family members, based on outdated guides
• Using different investment or headcount figures on the DS-160 and the business plan
• Forgetting the Asylum Program Fee with Form I-129, or using an old fee amount
• Assuming a USCIS change of status lets you re-enter the U.S. after travel without a visa
• Not checking the I-94 after entry, and missing a short admission date or a wrong class

Next steps

The forms are the last step. The business, the investment and the evidence come first, and that is where we work. Read the E-2 application process for the full sequence, check your situation with the E-2 eligibility checker, or book a consultation to plan the business side with us while your attorney handles the filing.