August 5, 2025

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Visa Bond Pilot Program

On August 5, 2025 the Department of State (DOS) published in the Federal Register a temporary final rule that establishes a one-year pilot program to test a $5K, $10K, or $15K bond system for select B‑1/B‑2 visitor visa applicants from countries with high overstay rates or other conditions.

Read the rule, titled Visa Bond Pilot Program, published at 90 FR 37378 (August 5, 2025).

DOS has not yet published a list of countries that will be covered by the B-1/B-2 visa bond pilot program.

B visas only

The visa bond pilot program will be for B-1/B-2 visitor visas only. It will not be applied to any other kind of nonimmigrant visa, including F, M, J, H, O, etc. Visa Waiver Program travelers will also fall outside the scope of the pilot program, since they do not apply for visas.

The preamble to the temporary final rule provides some context on why the pilot will cover only certain B-1 and B-2 visitor visa applicants and why it will not be applied to F-1 student visa applicants:

"Although section 221(g)(3), of the INA, 8 U.S.C. 1201(g)(3), authorizes consular officers to require visa bonds from applicants for B-1/B-2 visas and F (student) visas, the Pilot Program is limited to B-1/B-2 visa applicants, because their authorized period of stay after admission to the United States is fixed by DHS Customs and Border Protection (CBP) officers at the port of entry and typically lasts a matter of months. CBP officers typically authorize a maximum of one year for business visitors pursuant to 8 CFR 214.2(b)(1), and typically six months for tourists, in accordance with 8 CFR 214.2(b)(2). In contrast, F-1 nonimmigrant students generally are admitted for the duration of their status as of the time this rule was published, pursuant to 8 CFR 214.2(f)(5), which commonly is multiple years. Because the Pilot Program will last only for a limited duration, F-1 nonimmigrant students, who are in most cases likely to be authorized to remain in the United States for multiple years, would be unlikely to complete the bond cycle (which ends with cancellation or breach of the bond) during the duration of the Pilot Program. B-1/B-2 visas issued to aliens covered by the Pilot Program will be annotated to reflect the visa bond requirement. That annotation may be taken into account by CBP officers which will generally limit the period of admission for any such visa holders to 30 days."

Also note that this temporary final rule instituting a B-1/B-2 visa bond pilot program is completely separate from and has nothing to do with the forthcoming Visa Integrity Fee.

Countries identified for the pilot

Conditions leading to a country being placed on the list. Under the pilot program, DOS may require visa bonds be paid by applicants for B-1/B-2 visas who are nationals of countries identified by the Department of State:

as having high visa overstay rates;
where screening and vetting information is deemed deficient; or,
where Citizenship by Investment (“CBI”) is offered (i.e., countries that "sell" citizenship to non-citizens with no residency requirement)

Publication of the country list. DOS notes in the preamble that "The Department will announce the covered countries via Travel.State.Gov no fewer than 15 days before the Pilot Program takes effect, and this list may be amended throughout the pilot, with 15 days from announcement to enactment."

$5K, $10K, $15K amount of the bonds

Under new 22 CFR 41.11(c)(3) consular officers will set the bond amount:

"Consular officers will set the Visa Bond amount at $5,000, $10,000, or $15,000, based on a consular officer’s assessment of which amount is sufficient to ensure the alien will maintain the status under which he or she was admitted or any status subsequently acquired under section 248 of the INA and will not remain in the United States beyond the end of the alien’s authorized period of stay."

3-month, single entry visa duration on visas issued under the pilot, with limited 30-day admission

3-month, single entry visa duration. Under new 22 CFR 41.11(c)(3),

"Visas issued under the Visa Bond Pilot Program will be valid for a single entry to the United States within three months of the date of visa issuance."

Likely 30-day admission to the United States. Although limits on the time a person with a B-1 or B-2 visa issued under the pilot program is admitted to the United States by CBP in those statuses does not appear in the regulatory language of the temporary final rule, DOS hints in the rule preamble hints that they might be limited to only a 30-day admission, stating:

"B-1/B-2 visas issued to aliens covered by the Pilot Program will be annotated to reflect the visa bond requirement. That annotation may be taken into account by CBP officers which will generally limit the period of admission for any such visa holders to 30 days."

One-year duration of the pilot

The pilot will last for approximately one year, from August 20, 2025 until August 5, 2026.

At the conclusion of the pilot, DOS will no longer require posting of bonds under the temporary final rule, but the preamble to the rule makes clear that "any bonds posted under the Pilot Program will remain in effect until either breached or cancelled in accordance with their terms and conditions of issuance."

Collection of bond money

The rule preamble states that "[T]he face value of visa bonds will be deposited in the appropriate account using the Treasury-hosted https://www.Pay.Gov website via Form I-352, Immigration Bond."

View the current paper ICE Form I-532, Immigration Bond on the ICE Forms webpage, for familiarity only. It is not yet known if DHS will revise this form in any way to accommodate the new temporary final rule. Form I-352 does not yet appear to be available on Pay.gov.

The new temporary rule at 22 CFR 41.11(c)(5)(i) says:

"... Visa Bonds will be administered by the Department of the Treasury, the Department of State, and the Department of Homeland Security in accordance with regulations, procedures, and instructions promulgated by DHS applicable to Form I-352, Immigration Bond."

Regarding other procedures, new temporary rule at 22 CFR 41.11(c)(5) says:

"A Visa Bond required under this paragraph (c) must be submitted via Treasury’s www.Pay.Gov interface within 30 days of notification of the bond requirement by the consular officer and will be approved by the Department of State. Upon the posting of such bond, State will receive automatic notification that the bond has been posted in a Treasury-held Department of Homeland Security account and will notify the appropriate consular section overseas."

Breach or satisfaction of the bond

Bond breach. Individuals who are found to have substantially violated the terms or conditions of the visa bond will be considered in breach of the bond and will forfeit the bond paid.

Current regulations at 8 CFR 103.6(e) state that DHS "shall determine whether the bond shall be declared breached or cancelled, and shall notify the obligor on Form I-323 or Form I-391 of the decision, and, if declared breached, of the reasons therefor, and of the right to appeal in accordance with the provisions of this part."

The temporary final rule preamble clarifies that if DOS makes a preliminary finding of a bond breach, it will forward the case to DHS, which is responsible for making the final determination pursuant to 8 CFR 103.6(c)(3).

Appeal of a bond breach determination. The new temporary final rule also states that "A determination of a bond breach may be appealed in accordance with instructions provided by DHS." The current Form I-352 instructs that, "DHS regulations provide that, upon notification of a breach, the obligor has 30 days in which to file an administrative appeal or motion for reconsideration of the breach."

Bond satisfaction. Establishing substantial performance of the conditions of the visa bond, on the other hand, will cancel the bond.

Current regulations at 8 CFR 103.6(c)(3) provide: "Substantial performance of all conditions imposed by the terms of a bond shall release the obligor from liability."

DOS describes in the preamble to the temporary final rule that:

"Bond proceeds will be returned for any visa holder who complies with the terms and conditions of the bond, based on information provided by DHS through the Arrival and Departure Information System (ADIS) in the following circumstances:

Following the timely departure from the United States of a visa holder for whom a bond was posted, as captured in the visa holder’s departure from the United States through a designated air port of entry.
Upon expiration of the visa, if the visa holder did not travel to the United States, as captured by ADIS.
Following CBP deeming the visa holder inadmissible and cancelling the visa by CBP at the port of entry, as captured by ADIS."

... and that:

"The applicant on any canceled bond will be entitled to a full refund. There will be no accrued interest on visa bonds that are issued and canceled as part of this pilot program. The Department also will provide the applicant with a Notice – Immigration Bond Cancelled (Form I-391), which confirms compliance with the conditions of the bond.

"ADIS" refers to the DHS Arrival and Departure Information System.

Bonds and EOS, COS, AOS

In general, an individual who timely applies for an extension of nonimmigrant status (EOS), a change of nonimmigrant status (COS), or adjustment of status to permanent resident (AOS) and otherwise complies with all the terms and conditions of their status should not be deemed to be in breach of bond.

New 22 CFR 41.11(c)(5)(ii)(3) provides that,

"Aliens who timely file an application for extension of status which is granted are not deemed to be in breach of bond, and the bond will be canceled at the conclusion of his or her authorized period of stay."

DOS also notes in the preamble to the temporary final rule that, as stated in the DHS 2023 entry/exit overstay report,

"if a nonimmigrant timely applies for an extension of the authorized period of admission or applies to change or adjust status, the authorized period of admission may be extended, thereby avoiding being counted as overstay."

DOS then adds that its "analysis excluded nationals of Canada, Mexico, and countries that participate in the Visa Waiver Program, because, among other reasons, the procedures or requirements for B-1/B-2 status for nationals of those countries differ from nationals of other countries and generally do not involve applying for visas."

Bonds paid by individuals who never enter the U.S.

Current regulations at 8 CFR 103.6(c)(2) provide:

"A maintenance of status and departure bond posted at the request of an American consular officer abroad in behalf of an alien who did not travel to the United States shall be canceled upon receipt of notice from an American consular officer that the alien is outside the United States and the nonimmigrant visa issued pursuant to the posting of the bond has been canceled or has expired."

DOS justification for the pilot program

The preamble to the temporary final rule asserts that, "While this Pilot Program is primarily designed to study the operational feasibility of implementing visa bonds, data collected during the Pilot may also be used to determine the effectiveness of visa bonds at reducing overstays, evaluate concerns about insufficient identity verification, and the extent to which visa bonds may deter otherwise legitimate B-1 and B-2 visa applicants from traveling to the United States."

The preamble also notes that the new pilot program responds to Executive Order 14159 of January 20, 2025, Protecting The American People Against Invasion, "which directs the Secretary of the Treasury, in coordination with the Secretaries of State and Homeland Security, to 'establish a system to facilitate the administration of all bonds' under the provisions of the INA."

One main justification for the effort is DHS's annual Overstay Report. DOS cites to the data in the most recent 2023 Entry/Exit Overstay Report as a source of its assertions of overstay rates.

Finally, DOS says in the preamble that the pilot program's focus "on certain countries identified as having high visa overstay rates among aliens admitted to the United States for business or pleasure (B- 1/B-2) via air and sea ports of entry, where screening and vetting information is deemed deficient, or which offer CBI with no residency requirement, the Department sends a message to all countries to take immediate action to encourage their nationals to comply with U.S. immigration law and address insufficient identity verification and criminal records, including for naturalized citizens of CBI countries without residency requirement."

Similarities to 2020 pilot program

The new pilot program shares some similarity to the 2020 Trump 1 administration's interim final rule that established a six-month visa bond pilot program to test a $5K, $10K, or $15K bond system for select B‑1/B‑2 applicants from countries with high overstay rates who had a DHS inadmissibility waiver. See 85 FR 74875 (November 24, 2020).

That pilot was supposed to be effective from December 24, 2020 through June 24, 2021, but in the preamble to the new final rule DHS notes that "in light of the worldwide reduction in global travel as a result of the COVID-19 pandemic, the Department did not implement the pilot and consequently it did not provide any data on the feasibility for full implementation."

Backgound on legal authority to collect bonds

The statutory authority that allows visa bonds is INA 221(g)/8 USC 1201(g) (the same provision DOS uses to refuse a visa in order to conduct administrative processing).

Implementing regulations are found in DOS regulations at 22 CFR 41.11 and DHS regulations at 8 CFR 103.6 and 8 CFR 221.1. The new temporary final rule implementing the visa bond pilot program temporarily amends DOS regulations at 22 CFR 41.11.

The new temporary final rule preamble specifically cites 8 USC 1201(g)(3), which prohibits a consular officer from issuing a visa if "the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 1182 of this title, or any other provision of law."

The 8 USC 1201(g) prohibitions on visa issuance include an important proviso that allows B or F visa issuance upon posting of a bond if the consular officer believes an applicant is otherwise eligible for a visa:

"Provided further, That a visa may be issued to an alien defined in section 1101(a)(15)(B) or (F) of this title, if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 1184(a) of this title, or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 1258 of this title, such alien will depart from the United States."

The new temporary final rule implementing the pilot visa bond program focuses only on B visas. F visas are not part of the pilot program. The rule preamble states:

On July 31, 2025, DOS reserved the Foreign Affairs Manual section at 9 FAM 403.9-8 that covered issuance of "maintenance of status and departure bonds," presumably to revise it in response to the new temporary final rule and pilot program.

Prior to being reserved, that section had said that "it is Department policy that such bonds will rarely, if ever, be used" because they are cumbersome and "not effective guarantees of departure" and "many DHS offices are reluctant to accept them." The temporary final rule preamble asserts that "This view of a bond requirement is not supported by any recent examples or evidence, as visa bonds have not generally been required in any recent period..."