The U.S. Department of State (DOS) has finalized regulations establishing a permanent Visa Bond Program for certain B-1/B-2 (business and tourist) visa applicants. The rule follows a one-year pilot program launched in 2025 and gives consular officers authority to require qualifying applicants to post a bond of up to $20,000 as a condition of visa issuance.
The final rule is scheduled for publication in the Federal Register on August 3, 2026, and permanently implements a system authorized under Section 221(g)(3) of the Immigration and Nationality Act.
What Is the Visa Bond Program?
Under the new program, consular officers may require certain applicants for B-1/B-2 visitor visas to post a financial bond intended to ensure compliance with U.S. immigration laws and timely departure from the United States.
The Department of State states that the program is designed to address concerns involving:
- High visa overstay rates;
- Deficient information-sharing practices;
- Insufficient identity verification and criminal record systems;
- Screening and vetting concerns; and
- Weak travel and civil document security systems in certain countries.
The Department will identify affected countries through the State Department’s travel website and may add or remove countries on a rolling basis. New country designations will generally be announced at least 15 days before implementation.
Bond Amounts Range from $10,000 to $20,000
Consular officers will determine the bond amount based on the applicant’s individual circumstances. Three bond levels are available:
- $10,000
- $15,000
- $20,000
The Department indicates that $15,000 will generally serve as the standard amount unless circumstances justify a lower or higher bond. Officers may consider factors such as:
- Purpose of travel;
- Employment history;
- Income and financial resources;
- Education and skills; and
- Family and personal ties to the United States.
Beginning October 1, 2027, the maximum bond amount will be subject to periodic inflation adjustments.
Pilot Program Results
According to the State Department, the 2025 Visa Bond Pilot Program included travelers from 50 countries.
The agency reports that:
- More than 45,000 overstays were recorded from those countries in FY 2024.
- Fewer than 50 overstays occurred during the first 10 months of the bond pilot.
- Visa issuance rates for covered countries fell by approximately 83% compared to the same period in the previous year.
- Many applicants elected not to proceed with visa applications after learning of the bond requirement.
The Department concluded that the pilot demonstrated the effectiveness of visa bonds in reducing overstays and encouraging compliance with visa terms.
Who Will Be Subject to the Program?
The program applies only to certain applicants seeking:
- B-1 visas (business visitors)
- B-2 visas (tourists)
- Combined B-1/B-2 visas
The rule does not currently extend the bond requirement to student visa applicants, although the underlying statute also permits visa bonds in certain F visa cases.
Countries participating in the Visa Waiver Program (VWP) are generally excluded from the Visa Bond Program.
Conditions for Returning the Bond
The bond will generally be returned if the traveler:
- Complies with all visa conditions;
- Maintains lawful status;
- Does not engage in unauthorized employment;
- Departs the United States on time; and
- Exits through an authorized commercial airport.
No interest will be paid on returned bond amounts. The funds will generally be refunded to the original payer through the Treasury-managed payment system.
Actions That Can Trigger Bond Forfeiture
The final rule identifies several circumstances that may result in a bond breach and forfeiture of the entire bond amount, including:
- Remaining in the United States beyond the authorized period of stay;
- Filing untimely extension or change-of-status requests;
- Failing to depart after denial of a status extension or change request;
- Violating visa conditions; or
- Filing an asylum application or other humanitarian protection request using Form I-589.
The Department notes that determining whether a bond has been breached ultimately remains a DHS responsibility, although the State Department will participate in administering the program.
Limited Waiver Authority
There will be no formal application process allowing visa applicants to request a bond waiver.
However, the Assistant Secretary for Consular Affairs may grant waivers in limited circumstances where doing so serves a national or humanitarian interest. Consular officers may recommend such waivers in exceptional situations.
Erickson Insights and Analysis
The permanent Visa Bond Program introduces a significant new compliance requirement for travelers from designated countries seeking visitor visas.
Affected applicants may face substantial upfront costs before a visa can be issued, although those funds may be returned upon successful compliance with the terms of admission. Businesses, tourism organizations, and individuals planning U.S. travel should monitor future announcements identifying countries that will be subject to the bond requirement.
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.