State Department Implementing Bond Pilot Program to Incentivize Maintenance of Status and Departure for Certain Nonimmigrants 

 The Issue  

On August 5, 2025, the U.S. State Department (DOS) announced that it is launching a pilot program that will require certain foreign nationals to post a bond to receive a B-1/B-2 nonimmigrant visa. The Pilot Program will begin on August 20th and last 12 months. The program will be limited to foreign nationals who are nationals of countries that DOS has determined have:  

• High visa overstay rates;  

• Deficient screening and vetting processes; or  

• Citizenship by Investment programs in which citizenship may be obtained without a residency requirement. 

A Deeper Dive 

If a consular officer determines during a B-1/B-2 visa interview that an applicant is otherwise eligible for a visa, and if the applicant falls within the listed parameters of the Pilot Program, the consular officer will inform the applicant of the bond requirement and the amount of the required bond, which will be either $5,000, $10,000, or $15,000.  

The consular officer will then provide the applicant with information about the procedure for posting the bond via the www.Pay.Gov interface. If the applicant pays the bond, is issued the visa, enters the U.S. and complies with all the terms and conditions of admission of both their visa status and the Pilot Program, the amount of the bond will be refunded.  

Currently the only countries listed on the State Department website as subject to the Pilot Program are Malawi and Zambia. 

All B-1/B-2 visa holders who have posted a visa bond must arrive and depart from the United States via one of the ports of entry listed below: 

• Boston Logan International Airport (BOS) 

• John F. Kennedy International Airport (JFK) 

• Washington Dulles International Airport (IAD) 

Failure to do so may result in the foreign national being denied entry or their departure not being appropriately registered, thus risking forfeiture of their bond. 

What This Means for Employers and Employees 

While the current Pilot Program is limited in scope, it is foreseeable that it will be expanded to other countries and other visa classifications in the future, with countries having historically higher visa overstay rates, as determined by the Department of Homeland Security, most likely to be next added to the list. Employers and employees should maintain awareness of changes to the Pilot Program and contact their Meltzer Hellrung attorney if they have questions about its impact. 

Meltzer Hellrung will continue to monitor the implementation of the Pilot Program and will provide updates as additional information becomes available. 

 

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