The U.S. Department of State has issued a Temporary Final Rule (TFR) establishing a 12-month visa bond pilot program, which applies to B1/B2 visa applicants from select countries with high overstay rates, deficient vetting data, or citizenship-by-investment (CBI) programs. This pilot requires visa applicants to post a Maintenance of Status and Departure Bond of $5,000, $10,000, or $15,000 at the Consular Officer’s discretion, before visa issuance. Details of the program, including how it will be administered and a full list of the countries that will be included, remain to be seen.
- Consular officers exercise discretion to require the bond.
- Bonds must be posted via Pay.Gov
- The pilot begins 15 days after publication and lasts until August 5, 2026.
- Those subject to the bond will be issued an annotated, single-entry visa with a 3-month validity period, to be admitted by CBP for a maximum period of 30 days only.
As of today, the program has yet to fully take shape, meaning there are many unanswered questions. The DOS Liaison Committee will provide updates as more details emerge.
- From August 20, 2025, nationals of Malawi and Zambia will be subject to visa bonds. Additional countries may be added to the list , each with a 15-day notice.
- The related FAM section, 9 FAM 403.9-8, is now marked as “Reserved.” Previously, 9 FAM 403.9-8 provided extensive guidance on procedures relating to bonds, as well as an introductory section marked “Bonds Should Rarely Be Used” (9 FAM 403.9-8(A)).
- Bond amounts are $5,000, $10,000, and $15,000.
- The $10,000 amount is the “standard,”
- The $5,000 amount is for applicants unable to pay the full $10,000 amount, and
- The $15,000 amount is for applicants who would not be deterred by the $10,000 amount because of the “nature and extent of [their] contacts” in the US.
- Those subject to the bond, in addition to receiving single-entry visas with 3-month validity and being admitted for no more than 30 days, must also enter/depart the US through designated POEs: Boston Logan International Airport, John F. Kennedy International Airport, or Washington Dulles International Airport.
- The specific terms of individual visa bonds will be stated on ICE Form I-352. A Visa Bond will be canceled (i.e. returned to the applicant) when a visa holder substantially performs with respect to the terms and conditions of the Visa Bond as set forth in Form I-352 based on information provided by DHS through the Arrival and Departure Information System (ADIS). The bond will be cancelled if:
- The applicant has not worked without authorization AND departs before the I-94 expires;
- The applicant timely files an extension/change of status, complies with the new status, AND departs before the I-94 expires;
- The applicant does not travel to the US;
- The applicant’s visa is ultimately denied after the bond is posted; or
- The applicant is denied entry by CBP.
- Applicants may also request manual cancellation of the bond via appointment with a Consular Officer within 30 days of departure from the US or prior to travel to the US. The officer may cancel the bond if the ADIS record does not show the applicant’s departure and the applicant has proven their identity, timely departure, and compliance with the terms of their visa.
- The bond will be forfeited (i.e. moved from the Treasury holding account to another government funding account) if the applicant:
- Violates their status;
- Files an unexcused, untimely change/extension of status;
- Remains in the US beyond their I-94; or
- Timely files a change/extension of status, which is then denied, and fails to depart within 10 days after the denial.
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