On August 20, 2025, the US Department of State will implement a one-year Visa Bond Pilot Program under a temporary final rule. The program requires certain applicants for B-1 (business visitor) and B-2 (tourist) visas to post a refundable bond of $5,000, $10,000, or $15,000 as a condition of visa issuance.
The pilot is scheduled to run through August 5, 2026.
The program applies to nationals of countries identified by the Department as having high visa overstay rates, countries where screening and vetting processes are deemed deficient, or countries offering citizenship by investment (CBI) without residency requirements. The initial list of countries covered by the pilot includes Malawi and Zambia, but the Department has reserved authority to add or remove countries during the program with 15 days’ public notice.
The Department describes the program as a tool to address persistent visa overstays, improve compliance with immigration law, and encourage foreign governments to strengthen vetting and travel document security. The initiative also responds to Executive Order 14159, which directed agencies to develop systems for administering immigration-related bonds.
According to DHS overstay reports, several hundred thousand foreign nationals remain in the United States each year beyond their authorized stay, particularly among B-1/B-2 visitors. By focusing on countries with higher overstay rates or weaker identity controls, the program seeks to target categories of travelers perceived as higher risk.
How the Visa Bond Pilot Works
Applicants subject to the program will follow the regular visa application process, including payment of the standard nonimmigrant visa fee and attendance at a consular interview. If the consular officer finds the applicant otherwise eligible but within the program’s scope, the officer will set a bond amount, typically $10,000, though $5,000 or $15,000 may be required depending on the applicant’s financial situation, ties to the US, and likelihood of timely departure.
The officer will initially refuse the visa under INA 221(g) pending proof of bond payment. The applicant will then be directed to post the bond online using Form I-352 through the Treasury Department’s Pay.gov system within 30 days. A single payer, either the applicant or another individual, may post the bond. Once payment is confirmed, the consular officer will finalize the visa issuance.
Visas under the program will be valid for a single entry within three months of issuance, with U.S. Customs and Border Protection (CBP) generally limiting admission to 30 days.
The authority for requiring visa bonds is found in section 221(g)(3) of the Immigration and Nationality Act (INA), which allows consular officers to require a Maintenance of Status and Departure Bond to ensure that a temporary visitor will comply with visa terms and depart at the end of the authorized stay. Though the INA has long permitted such bonds, Department policy discouraged their use, citing administrative burdens and the perception that bonds were impractical. The 2025 program marks the first substantive attempt to test their feasibility in modern practice.
Compliance and Refund of Bonds
Bond cancellation and refund will occur if the visa holder complies with all conditions of admission, including not working without authorization, and departs the United States within the authorized period. Refunds are also available if the visa expires unused, if CBP deems the visa holder inadmissible at entry, or if the applicant secures a timely extension or change of status from U.S. Citizenship and Immigration Services (USCIS) and departs before the end of the extended period.
Refunds are processed automatically through government systems such as DHS’s Arrival and Departure Information System (ADIS). Applicants may also request bond cancellation manually by providing evidence of timely departure, such as boarding passes or passport stamps, at a consular office abroad. No interest accrues on refunded bond amounts.
Bond Breach
Bonds are forfeited if the visa holder overstays, violates visa conditions, files an untimely application to extend or change status, or remains more than 10 days after a denial of a timely application. Filing for adjustment of status, including asylum, is explicitly deemed a breach. DHS is the final authority on breach determinations, and applicants have the right to seek administrative appeal.
Waivers
There is no application process for waivers. Consular officers may recommend a waiver only in limited cases, such as for US government-related travel or urgent humanitarian circumstances, and approval authority rests with the Deputy Assistant Secretary for Visa Services.
Next Steps
The pilot program begins August 20, 2025, with Malawi and Zambia as the initial participating countries. The State Department may expand the list during the program, with advance notice on Travel.State.Gov. At the conclusion of the pilot, consular officers will no longer require bonds unless the Department pursues a broader permanent rule. Bonds posted during the program will remain in force until either refunded or forfeited.
Data gathered during the year-long pilot will inform whether the bond mechanism is feasible as a long-term policy tool. The Department will evaluate operational challenges, enforcement effectiveness, and potential deterrent effects on legitimate travel before making any future decisions on broader implementation.
Implications for Employers and Applicants
The launch of the B-1/B-2 Visa Bond Pilot Program introduces a new layer of financial and procedural complexity into the visitor visa process. While formally presented as a 12-month feasibility study, its real-world impact for employers and foreign nationals could be immediate and significant.
Implications for Employers
Employers relying on short-term visits for meetings, training, or negotiations must anticipate delays and added costs for employees or business partners from affected countries. A bond of up to $15,000, coupled with strict single-entry, 30-day admission limits, may discourage foreign staff or contractors from accepting travel assignments.
Companies planning cross-border activity should factor in the administrative burden of bond posting, repayment, and compliance. Internal mobility programs may need to be adjusted, especially if future expansions of the program include other high-volume business travel markets. There is also reputational risk: being seen as requiring foreign partners to shoulder these additional costs could strain commercial relationships.
Employers should begin by identifying whether their business partners, contractors, or employees are nationals of affected countries. Where bonds may apply, alternative strategies should be considered, such as shifting travel to U.S. visa waiver nationals, relying more on remote engagements, or exploring other visa categories.
Implications for Applicants
For individuals, the bond requirement represents a major up-front financial commitment. Even though funds are refundable, tying up $10,000 or more for a short-term trip will be prohibitive for many travelers, especially those from countries already facing economic constraints.
The pilot program also imposes stricter conditions than normal B-1/B-2 visas: limited validity, single entry, mandatory use of designated airports, and shorter periods of stay. These restrictions may deter legitimate travel, particularly for those whose planned business or family visits require flexibility.
Applicants must also be prepared for the risk of forfeiture. Any overstay, violation of visa conditions, or attempt to adjust status (including applying for asylum) will trigger bond loss. This creates significant financial consequences tied directly to compliance.
Applicants should seek advice before committing funds to a bond-backed visa. The costs and restrictions may outweigh the benefits of travel in many cases. Where travel is unavoidable, applicants should keep thorough records of their compliance—boarding passes, passport stamps, and departure receipts—to protect against disputes over refund eligibility.
Compliance and Enforcement Risks
From a compliance standpoint, the program increases exposure for both employers and applicants. Travelers must strictly adhere to the narrow terms of admission, and employers must avoid any activity that could be construed as unauthorized work. Even minor missteps could result in a bond breach determination and the loss of substantial funds.
The government’s decision to classify certain routine immigration actions, such as filing for adjustment of status, as an automatic breach raises legal questions. Applicants and counsel should be prepared for limited recourse, since bond breach determinations rest with DHS, which holds broad discretion.
Need Assistance?
The pilot program highlights a policy shift toward using financial mechanisms to enforce compliance and deter overstays. If deemed operationally feasible, visa bonds could expand beyond B-1/B-2 categories or apply to additional countries. Employers and applicants should treat the pilot not just as a temporary measure, but as a signal of potential future regulatory changes.
The risk of financial loss, coupled with the reputational and operational consequences of bond forfeiture, means that employers and applicants cannot approach short-term US travel as a routine exercise during the pilot period.
The Department estimates about 2,000 applicants will be affected in the 12-month pilot. Bonds represent a significant up-front cost, but the funds are refundable upon compliance. The program imposes additional administrative burdens on applicants, consular staff and DHS, with estimated compliance time per applicant of about two hours.
The limited validity and short duration of visas issued under the program, combined with the restricted 30-day admission period, will constrain travel flexibility for those subject to bonds.
Employers with partners or staff in affected countries should seek legal guidance now to prepare for bond requirements and compliance risks.
If you are a visa applicant subject to the pilot program, schedule a consultation to understand your obligations and protect your bond investment.
Contact our immigration attorneys today for tailored advice.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.