A New 12-Month Visa Bond Pilot Program

On August 5, 2025, the U.S. Department of State published a Temporary Final Rule establishing a 12-month Visa Bond Pilot Program under 22 CFR Part 41, pursuant to its authority under INA § 221(g)(3). The program authorizes consular officers to require certain B-1/B-2 nonimmigrant visa applicants specifically nationals from countries with high overstay rates, deficient identity management practices, or those offering citizenship-by-investment (CBI) programs without residency requirements to post a Maintenance of Status and Departure Bond as a condition for visa issuance.

This bond, ranging from US$5,000 to US$15,000, is to be paid through Pay.gov using Form I-352. The pilot will operate from its effective date through August 5, 2026.

Statutory and Regulatory Authority

The pilot allows consular officers to require a bond to ensure that a visa applicant will maintain lawful status and depart the United States in a timely manner. While this authority has long existed, prior Department of State guidance including the Foreign Affairs Manual has historically discouraged the imposition of such bonds due to administrative burdens.

Under this temporary rule, the Department suspends that policy for one year in order to evaluate the feasibility, costs, and enforcement utility of visa bonds under modern operational constraints.

How the Visa Bond Pilot Program Works

• Duration: August 20, 2025 – August 5, 2026

• Applicable Visas: B-1 (business) and B-2 (tourist) visa applicants

• Targeted Applicants: Nationals from countries meeting at least one of the following risk factors:

  1. High overstay rates (per DHS FY2023 Overstay Report);

  2. Inadequate identity or vetting systems that hinder proper visa screening;

  3. Citizenship-by-investment (CBI) programs that do not require residency.

• Bond Amounts:

• $10,000 default, which may be adjusted to $5,000 or $15,000 based on the consular officer’s discretion and individual risk factors

• Amounts reflect the average cost to the U.S. government for enforcing removal (~$17,000 per case)

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The Department anticipates that no more than 2,000 applicants will be subject to the bond requirement during the pilot period.

Operational Procedures

Notification and Posting: Applicants selected for bond participation will be notified at the time of the consular interview. A preliminary visa refusal under INA § 221(g) will be issued to initiate the bond process. Applicants will then have 30 calendar days to post the required bond via Pay.gov using Form I-352.

Visa Issuance and Entry Conditions: Once the bond is posted, the visa will be issued for a single entry within three months, with a special annotation indicating bond participation. Upon entry to the U.S., Customs and Border Protection (CBP) will generally limit the period of stay to 30 days. Certain ports of entry and exit will be designated to facilitate monitoring. These ports of entry and exit are BOS, JFK and IAD.

Bond Cancellation and Forfeiture: Bonds will be canceled (i.e., refunded) if the visa holder:

• Departs the United States on or before the authorized date;

• Maintains lawful status throughout their stay; or

• Timely files for and is granted a change or adjustment of status.

  
  

Failure to comply with these conditions will result in bond forfeiture. Bond obligors (e.g., the applicant or a third-party surety) will be subject to standard DHS administrative enforcement and appeal procedures.

Policy Rationale and Diplomatic Objectives

This pilot implements provisions from the first Trump administration’s Executive Order 14159 (November 2020), which directed agencies to explore mechanisms, including bonds, to strengthen compliance with visa conditions and address overstays. From a policy perspective, the pilot is intended to:

• Reduce overstay rates in targeted visa categories;

• Encourage foreign governments to improve document security and border management;

• Discourage the use of CBI programs as a means to circumvent U.S. visa scrutiny.

Although the expected number of impacted individuals is relatively small, the program is designed to generate data on operational logistics, compliance outcomes, and cost-effectiveness.

Legal and Diplomatic Implications

• Legal Consistency: The pilot is firmly within the Department of State’s authority under the Immigration and Nationality Act and relevant regulations. Because it pertains to foreign affairs and affects foreign nationals abroad, it is exempt from certain notice-and-comment requirements under the Administrative Procedure Act.

• Diplomatic Signaling: By selectively applying the bond requirement based on country-specific risk factors, the United States is signaling to foreign governments that improvement in internal controls such as exit verification systems and biometric passports could mitigate future restrictions for their nationals.

• Precedent for Expansion: Should the pilot prove successful in promoting compliance and reducing enforcement costs, it may lay the groundwork for broader implementation across other visa categories or countries.

  
  

While narrow in scope, the pilot has the potential to shape future visa policy significantly. Its ultimate impact will depend on metrics of success, including administrative efficiency, legal defensibility, and foreign policy outcomes.

Patricia Elizee is the Managing Partner of the Elizee Law Firm, located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. The firm, established in 2012, focuses on U.S. immigration and nationality law. Ms. Elizee earned her Juris Doctor from the University of Miami School of Law and holds a Master of Laws (LL.M.) from the University of Washington School of Law. She can be reached at (305) 371‑8846.