State Department Finalizes Visa Bond Program for B-1/B-2 Visitor Visa Applicants

Quick Hits

• On August 3, 2026, the State Department published a final rule, effective immediately, that establishes a permanent visa bond program.
• The rule allows consular officers to require certain B-1/B-2 visa applicants from designated countries to post bonds of $10,000, $15,000, or $20,000 based on an applicant’s individual circumstances.
• A visa bond may be forfeited if the visa holder violates the bond’s terms and conditions, including by overstaying or seeking asylum or other humanitarian protection while in the United States.

Under the program, which takes effect immediately, consular officers may require applicants who are nationals of designated countries to post a cash bond of up to $20,000 as a condition of visa issuance to help ensure they maintain nonimmigrant status and depart the United States as required.

Background

The final rule permanently establishes the visa bond program that was piloted in August 2025 pursuant to Executive Order 14159, Protecting the American People Against Invasion. According to the State Department, the pilot program was intended to encourage foreign governments to reduce visa overstay rates, improve information sharing, and strengthen identity verification and screening practices.

The department reported that the pilot program covered fifty countries and significantly reduced overstays among travelers who posted visa bonds. Based on those results, the department concluded that the program was an effective tool for promoting compliance with the terms of B-1/B-2 visas.

Covered Countries

The program applies to B-1/B-2 visa applicants who are nationals of countries designated by the State Department based on factors such as visa overstay rates, information-sharing practices, identity verification, and screening and vetting capabilities. Countries participating in the visa waiver program are excluded.

Visa Issuance and Bond Requirements

If the required bond is posted and the applicant is otherwise eligible, a consular officer may issue a single- or multiple-entry visa valid for three to twelve months, depending on visa reciprocity. Bonded travelers must enter and depart the United States through commercial airports of entry, including U.S. Customs and Border Protection (CBP) preclearance locations.

Bond amounts will be returned if the visa holder complies with the terms of the visa and bond. However, the full bond amount will be forfeited if the individual substantially violates the bond conditions, including by overstaying the authorized period of admission or filing for asylum or other humanitarian protection. Although a timely request for an extension of stay or change of status is not itself a bond violation, U.S. Citizenship and Immigration Services (USCIS) may consider the existence of a visa bond as a negative discretionary factor when adjudicating those requests.

The rule does not establish a formal process for requesting a waiver of the bond requirement. However, the assistant secretary for consular affairs, or a designee, may waive the requirement for an individual applicant, a category of applicants, or an entire country if doing so would not be contrary to the national interest.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.

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