The U.S. Department of State has formally published a Temporary Final Rule (TFR) establishing a new Visa Bond Pilot Program that will run from August 20, 2025, through August 5, 2026. Under the program, certain applicants for B-1 (business) and B-2 (tourist) visas will be required to post a refundable bond before their visa is issued.
The program is aimed at deterring visa overstays, strengthening border security, and encouraging foreign governments to improve their identity verification and screening systems. It is being implemented in coordination with the Department of Homeland Security (DHS) and the Department of the Treasury, which will handle the secure collection and refund of bond payments.
Why This Program Is Being Introduced
The Department of State cites data from DHS showing hundreds of thousands of annual visa overstays by nonimmigrant visitors to the United States. Many of these involve B-1/B-2 visitors, who typically enter for business meetings, tourism, or short-term family visits.
Officials say the program will test whether requiring bonds reduces overstay rates, serve as a diplomatic tool to press foreign governments to improve identity verification, criminal background checks, and travel document security, and address risks from Citizenship-by-Investment (CBI) programs that grant citizenship without residency requirements, which the U.S. believes can be exploited by individuals seeking to obscure their identities.
The pilot is also a direct response to Executive Order 14159 (“Protecting the American People Against Invasion”), which directed agencies to create systems to facilitate the administration of immigration bonds as part of broader border and immigration enforcement measures.
Who Is Impacted Now — And Who Could Be Next
For the launch phase, the State Department has identified Malawi and Zambia as the first countries subject to the bond requirement, based on their B-1/B-2 overstay rates in DHS’s FY 2023 Overstay Report.
The list is not fixed. The State Department can add or remove countries at any time during the 12-month program. Any changes will be posted on Travel.State.Gov at least 15 days before taking effect. This means additional countries could be brought under the program with relatively short notice.
The requirement applies regardless of where the applicant files their visa application — meaning a Malawian citizen applying in South Africa or a Zambian citizen applying in London would still be covered.
How the Bond Requirement Works
Amount and Decision
Consular officers will decide whether to require a bond during the visa interview. Bonds will be set at $5,000, $10,000, or $15,000 based on the applicant’s circumstances. $10,000 will be the standard amount, but $5,000 may be used for applicants with limited means, and $15,000 for applicants considered to have a higher risk of overstaying.
Payment Process
Applicants will first be refused under INA 221(g) and instructed on how to post the bond. Bonds are paid through the Treasury’s Pay.gov system by completing DHS Form I-352 (Immigration Bond). Payment can be made by the applicant or on their behalf, but must be through official channels — the U.S. government will not refund payments made through unauthorized third-party websites.
Visa Issuance
Once the bond is posted and confirmed, the visa is issued. The visa will be valid for a single entry within three months of issuance. The visa will be annotated to reflect the bond requirement.
Travel Conditions and Restrictions
Travelers who post a bond must enter and exit the U.S. through one of three designated airports: Boston Logan International Airport (BOS), John F. Kennedy International Airport (JFK), or Washington Dulles International Airport (IAD). U.S. Customs and Border Protection (CBP) officers will generally limit admission to 30 days. Compliance with these entry/exit conditions is part of the bond’s terms.
When the Bond Is Refunded
The full bond amount will be automatically refunded if DHS records show that the traveler departed the U.S. on or before their authorized stay ended, the traveler never used the visa before it expired, or the traveler was denied entry at a U.S. port of entry.
Refunds are processed without interest. Travelers will also receive DHS Form I-391 confirming the bond’s cancellation.
When the Bond Is Forfeited
The bond will be breached (forfeited) if the traveler stays past their authorized period of stay, fails to depart after a denied change-of-status or extension request, or applies to adjust status (including filing for asylum) without leaving the U.S.
Once a breach is suspected, the State Department will forward the case to DHS, which makes the final determination.
Why This Matters for Immigration and Travel Policy
The program marks a significant shift in how the U.S. uses its statutory authority under INA 221(g)(3) to require “maintenance of status and departure” bonds. While this authority has existed for decades, it has been used rarely due to the administrative complexity of posting and refunding bonds.
By narrowing the scope to a small set of countries and limiting the program to one year, the State Department aims to gather data on operational feasibility. If the pilot is considered successful, it could be expanded to more countries and potentially to other visa categories in the future.
For now, the direct impact will be limited to a small number of travelers — the State Department estimates around 2,000 applicants may be required to post a bond during the program. However, the policy signals a willingness to take more aggressive measures against countries with high overstay rates, and travelers from other countries may find themselves added to the list in the coming months.
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