Department of State Creating Visa Bond Pilot Program

Department of State (DOS) has issued a temporary final rule creating a six-month pilot program under which applicants for B-1/B-2 visas from countries with overstay rates of ten percent or higher and who have been approved by DHS for an inadmissibility waiver may be required to post a bond as a condition of visa issuance.

The Pilot Program is designed to apply to nationals of specified countries with high overstay rates to serve as a diplomatic tool to encourage foreign governments to take all appropriate actions to ensure their nationals timely depart the United States after making temporary visits. The Pilot Program will run for six months. During that period, consular officers may require nonimmigrant visa applicants falling within the scope of the Pilot Program to post a bond in the amount of $5,000, $10,000, or $15,000 as a condition of visa issuance. The amount of the bond, should a bond be appropriate, will be determined by the consular officer based on the circumstances of the visa applicant.

The temporary final rule is effective December 24, 2020.Iandoli Desai & Cronin will continue to monitor the situation and provide updates as the program goes into effect.