On August 5, 2025, the US Department of State (“DOS”) published a temporary final rule in the Federal Register that will test a visa bond pilot program for one year commencing August 20, 2025. Nationals of certain countries, currently Malawi and Zambia with more countries to be added to the list, will potentially be subject to the bond requirement when applying for B-1/B-2 visas for travel to the US. Under the program, consular officers, at their discretion, may require certain nonimmigrant visa applicants to pay a refundable bond of $5000, $10,000, or $15,000 before a visa is issued. Visas issued under the pilot program will be valid for three months and a single entry into the US. US Customs and Border Protection (“CBP”) will admit the visa holders for a maximum stay of 30 days in most cases.

The DOS Justification for the Visa Bond Pilot Program

Countries identified by DOS as “having high visa overstay rates, where screening and vetting information is deemed deficient” and who sell citizenship by investment may be subject to the pilot program. Visa applicants subject to the visa bond pilot program will file visa applications as they normally do. At the time of the consular interview, if a consular officer determines that the applicant otherwise qualifies for the B visa, the officer will inform the applicant of the bond requirement and whether they must post a $5,000, $10,000 or $15,000 bond. DOS notes that consular officers will be expected to set bond at 10K, but have the discretion to require a 5K or 15K bond if they deem it appropriate after taking into consideration several factors about the applicant, including their current employment, purpose of travel, income, education, and skills. Under this program, consular officers can only suggest skipping the bond in certain situations, including when someone is traveling for US government work or has an urgent humanitarian reason. There’s no form or process to apply for a waiver; the decision would be based only on the information that the applicant provides at the time of the interview.

Bond Amounts and Refund Conditions

Once an officer establishes the amount of the bond, the funds must be posted via Pay.Gov and will be held by the Department of the Treasury as an escrow-style account under DHS direction. Bonds must be paid within 30 days of the visa interview; if not, the applicant may be called back in for another interview. Once the bond is posted, the consular officer will do a final review to confirm the applicant’s eligibility for the visa.

The bond is meant to ensure that visitors to the US do not overstay their visas, and if they leave the US within the time frame allowed on their visas, the funds will be returned. In order to comply with the system, visa holders must follow certain travel requirements. Specifically, visa holders must arrive and depart the US by air through one of the pre-designated airports capable of automatically confirming departure. The qualifying airports include Boston Logan International Airport (BOS), John F. Kennedy International Airport (JFK), and Washington Dulles International Airport (IAD). Bonds will be refunded if the foreign national complies with visa terms, departs on time, or is denied entry at a US port of entry.

Should visa holders subjected to the bond pilot program breach the conditions of their stay in the US, the bond will be forfeited (i.e., moved from the Treasury holding account to another government funding account). Conditions under which visa bonds will forfeited include:

Filing a change/extension of status including asylum ; or
Remaining in the US beyond the date they are authorized to remain, and failing to depart; or
Departing the US after the date they are authorized to remain in the US.

Conclusion

DOS reserves the right to change the list of countries subject to the pilot program, and as countries are added to the program, the Department will provide at least 15 days’ notice before making changes to the system of obtaining B1 and B2 visas. We will continue to monitor this rule and will update this post should any additional countries be added to this pilot program by DOS.