visa bonds

Countries Subject to U.S. Visa Bonds

CampLegal Team

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A New Layer of Security for Certain B1/B2 Travelers

In 2025, the U.S. Department of State activated a Visa Bond Pilot Program that requires some applicants for B1/B2 visitor visas to post a refundable financial bond before visa issuance. The program is grounded in section 221(g)(3) of the Immigration and Nationality Act and implemented through a temporary final rule that amended 22 C.F.R. § 41.11.

The Department of State identifies covered countries on a public list and applies the bond requirement to nationals of those countries who are otherwise found eligible for a B1/B2 visa. The list is updated on Travel.State.Gov, and the Department may add or remove countries on a rolling basis.

Legal Framework and Pilot Timeline

The Visa Bond Pilot Program is established by a temporary final rule published in the Federal Register on August 5, 2025, which sets a 12-month pilot period:

  • Publication date: August 5, 2025
  • Effective date: August 20, 2025
  • Scheduled end date: August 5, 2026

Under this rule and the corresponding regulation at 22 C.F.R. § 41.11(c), consular officers may require a Maintenance of Status and Departure Bond of 5,000, 10,000, or 15,000 U.S. dollars as a condition of B1/B2 visa issuance for certain applicants from designated countries.

The regulation also specifies that:

  • The pilot applies only to B1/B2 temporary visitors for business or pleasure
  • Covered countries are those identified as having high visa overstay rates, deficient screening or vetting information, or certain citizenship by investment practices
  • Countries must be announced on Travel.State.Gov at least 15 days before inclusion, and the list may change during the pilot

Current Countries Subject to Visa Bonds and Implementation Dates

As of the State Department update dated October 23, 2025, the following countries are listed as subject to visa bonds for eligible B1/B2 applicants. The implementation dates for each country appear in parentheses on the official notice:

  • Malawi (bond requirement effective August 20, 2025)
  • Zambia (bond requirement effective August 20, 2025)
  • The Gambia (bond requirement effective October 11, 2025)
  • Mauritania (bond requirement effective October 23, 2025)
  • Sao Tome and Principe (bond requirement effective October 23, 2025)
  • Tanzania (bond requirement effective October 23, 2025)

The State Department explains that this list is based on criteria in the temporary final rule and the B1/B2 overstay rate reported in the U.S. Department of Homeland Security’s FY 2024 Entry/Exit Overstay Report.

Who Must Pay a Visa Bond and How It Works

The Travel.State.Gov guidance states that any citizen or national traveling on a passport issued by a listed country, who is otherwise found eligible for a B1/B2 visa, must post a visa bond if a consular officer requires it. Key operational features include:

  • Bond amounts: 5,000, 10,000, or 15,000 U.S. dollars, set by the consular officer at the interview
  • Form: The traveler must complete DHS Form I-352 (Immigration Bond)
  • Payment platform: Bonds are paid through the U.S. Department of the Treasury’s online platform Pay.gov, not through third-party websites
  • Visa type and validity: The bond requirement applies to B1/B2 visas only. Visas issued under the program are valid for a single entry within three months of issuance

Travel.State.Gov stresses that:

  • The requirement applies regardless of where the individual applies, as long as the applicant uses a passport from a listed country
  • A bond does not guarantee visa issuance. If an applicant pays a bond without explicit consular instruction, the payment will not be refunded

Designated Ports of Entry and Compliance Rules

As part of the pilot, the State Department has also designated specific U.S. ports of entry for travelers who posted a bond. According to the October 23, 2025 notice, these travelers must enter and exit the United States through one of the following airports:

  • Boston Logan International Airport (BOS)
  • John F. Kennedy International Airport (JFK)
  • Washington Dulles International Airport (IAD)

Failure to use one of these ports of entry may result in a denied entry or a departure that is not properly recorded, which could affect bond compliance.

The bond will be canceled and refunded in full if any of the following occurs:

  • The visa holder departs the United States on or before the date authorized for their stay
  • The visa holder never travels to the United States, and the visa expires unused
  • The visa holder applies for admission at a U.S. port of entry and is refused entry

What Counts as a Bond Breach

The Department of Homeland Security is responsible for determining whether a traveler has violated the bond conditions. Travel.State.Gov notes that DHS will refer potential breach cases to U.S. Citizenship and Immigration Services (USCIS) for a determination. Examples of conduct that may lead to a bond breach include:

  • Departing the United States after the authorized period of stay
  • Remaining in the United States beyond the authorized period and not departing
  • Applying to adjust out of nonimmigrant status, including filing an asylum application, after entry on a visa subject to a bond

If USCIS finds a breach, the visa bond may be retained by the U.S. government rather than refunded. Appeals of bond breach determinations follow Department of Homeland Security procedures described in the regulations governing Form I-352.

Why These Countries Were Selected

The State Department’s notice links the designation of bond countries to:

  • High B1/B2 overstay rates, according to DHS’s FY 2024 Entry/Exit Overstay Report
  • Concerns about insufficient screening and vetting information for certain countries
  • Issues related to citizenship by investment programs that grant citizenship without residency requirements

The temporary final rule explains that the pilot is intended both to test the operational feasibility of administering visa bonds and to serve as a diplomatic tool to encourage foreign governments to improve overstay rates, identity verification, and travel document security.

For immigration practitioners, staying current on the country list, implementation dates, and compliance rules is essential. The program runs through August 5, 2026, and both the list of affected countries and operational details may evolve during that period.

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