This document outlines a new Temporary Final Rule establishing a 12-month visa bond pilot program for B-1/B-2 visa applicants from select countries with high overstay rates, detailing bond amounts, procedures, and implications for applicants.
How might this program affect visa processing times?
The program is likely to increase visa processing times. The additional steps, such as determining bond amounts, processing payments, and administering the bond system, will add complexity to the visa issuance process. This will likely lengthen wait times for visa applicants in affected countries, especially since no new staffing has been announced to handle the increased workload. Additionally, the reduced visa validity and the requirement for applicants to enter and depart through designated ports of entry may further complicate and delay processing.
What is the duration of the visa bond pilot program?
The visa bond pilot program lasts for 12 months, beginning 15 days after its publication on August 11, 2025, and ending on August 5, 2026.
Which countries are subject to the bond?
As of August 20, 2025, nationals of Malawi and Zambia are subject to the visa bond. Additional countries may be added to the list, with each receiving a 15-day notice before implementation.
What are the bond amounts for the visa program?
The bond amounts for the visa program are as follows:
- $5,000: For applicants unable to pay the full $10,000 amount.
- $10,000: The "standard" bond amount.
- $15,000: For applicants who would not be deterred by the $10,000 amount due to the "nature and extent of their contacts" in the U.S.
How do consular officers exercise their discretion before issuing the visa?
Consular officers exercise their discretion by determining whether to require a visa bond and deciding the bond amount ($5,000, $10,000, or $15,000) based on the applicant's circumstances. This includes assessing factors such as the applicant's ability to pay and the likelihood of compliance with visa terms.
How does the bond affect visa applicant’s responsibilities?
The bond imposes additional responsibilities on visa applicants, including:
- Posting the Bond: Applicants must post a Maintenance of Status and Departure Bond via Pay.Gov before visa issuance.
- Compliance with Visa Terms: Applicants must adhere to the terms of their visa, including not working without authorization, departing the U.S. before their I-94 expires, or timely filing for an extension or change of status.
- Designated Entry/Exit Points: Applicants must enter and depart the U.S. through designated ports of entry (Boston Logan, JFK, or Washington Dulles).
- Proving Compliance: If necessary, applicants may need to prove their identity, timely departure, and compliance with visa terms to request manual bond cancellation.
- Risk of Forfeiture: Failure to comply with visa terms, such as overstaying or violating status, can result in bond forfeiture, with the funds moved to a government account.
These responsibilities add administrative and financial burdens, as well as the risk of losing the bond if terms are not met.
What are the specific terms of the visa bond?
The specific terms of the visa bond are as follows:
- Bond Amounts: The bond can be $5,000, $10,000, or $15,000, determined at the consular officer's discretion.
- $10,000 is the standard amount.
- $5,000 is for applicants unable to pay the full $10,000.
- $15,000 is for applicants unlikely to be deterred by $10,000 due to their U.S. contacts.
- Visa Validity: Applicants subject to the bond will receive a single-entry visa valid for 3 months.
- Admission Period: Visa holders will be admitted to the U.S. for a maximum of 30 days.
- Designated Ports of Entry (POEs): Entry and departure must occur through Boston Logan, JFK, or Washington Dulles International Airports.
- Bond Cancellation: The bond will be canceled if the applicant:
- Does not work without authorization and departs before the I-94 expires.
- Files a timely extension/change of status, complies with the new status, and departs before the I-94 expires.
- Does not travel to the U.S.
- Has their visa denied after posting the bond.
- Is denied entry by CBP.
- Manual Cancellation: Applicants can request manual bond cancellation within 30 days of departure or before travel if their departure is not recorded in the ADIS system.
- Bond Forfeiture: The bond will be forfeited if the applicant:
- Violates their visa status.
- Files an untimely or unexcused change/extension of status.
- Overstays their I-94.
- Files a timely change/extension of status that is denied and fails to depart within 10 days of the denial.
These terms are outlined on ICE Form I-352 and are monitored through the Arrival and Departure Information System (ADIS).