Rule2025-14826
Visas: Visa Bond Pilot Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 5, 2025
Effective
August 20, 2025
Issuing agencies
State Department
Abstract
In this temporary final rule (TFR), the Department of State (the Department) announces the commencement of a 12-month long visa bond pilot program. Aliens applying for visas as temporary visitors for business or pleasure (B-1/B-2) and who are nationals of countries identified by the Department as having high visa overstay rates, where screening and vetting information is deemed deficient, or offering Citizenship by Investment, if the alien obtained citizenship with no residency requirement, may be subject to the pilot program. Consular officers may require covered nonimmigrant visa applicants to post a bond of up to $15,000 as a condition of visa issuance, as determined by the consular officers.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 148 (Tuesday, August 5, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 148 (Tuesday, August 5, 2025)]
[Rules and Regulations]
[Pages 37378-37386]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14826]
[[Page 37378]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 12783]
RIN 1400-AG01
Visas: Visa Bond Pilot Program
AGENCY: Department of State.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: In this temporary final rule (TFR), the Department of State
(the Department) announces the commencement of a 12-month long visa
bond pilot program. Aliens applying for visas as temporary visitors for
business or pleasure (B-1/B-2) and who are nationals of countries
identified by the Department as having high visa overstay rates, where
screening and vetting information is deemed deficient, or offering
Citizenship by Investment, if the alien obtained citizenship with no
residency requirement, may be subject to the pilot program. Consular
officers may require covered nonimmigrant visa applicants to post a
bond of up to $15,000 as a condition of visa issuance, as determined by
the consular officers.
DATES: This TFR and pilot program are effective August 20, 2025 until
August 5, 2026.
FOR FURTHER INFORMATION CONTACT: Visa Services Office, Bureau of
Consular Affairs, Department of State; telephone (202) 485-7586,
<a href="/cdn-cgi/l/email-protection#75231c0614271012063506011401105b121a03"><span class="__cf_email__" data-cfemail="d284bba1b380b7b5a192a1a6b3a6b7fcb5bda4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Summary
This TFR establishes a visa bond pilot program (``Pilot Program'')
under section 221(g)(3) of the Immigration and Nationality Act, as
amended (INA), 8 U.S.C. 1201(g)(3), which authorizes consular officers
to require the posting of a Maintenance of Status and Departure Bond
(``visa bond'') by an alien applying for, and otherwise eligible to
receive, a business visitor/tourist (B-1/B-2) visa \1\ ``to insure that
at the expiration of the time for which such alien has been admitted .
. . or upon failure to maintain the status under which [the alien] was
admitted, or to maintain any status subsequently acquired under section
1258 of this title [(INA section 248)], such alien will depart from the
United States.''
---------------------------------------------------------------------------
\1\ For purposes of this rulemaking, ``B1/B2 visa'' refers to a
business visitor (B-1) visa, tourist (B-2) visa, or combined
business visitor/tourist (B-1/B-2) visa.
---------------------------------------------------------------------------
Historically, Department guidance generally discouraged consular
officers from exercising their authority to require visa bonds under
INA section 221(g)(3), as reflected in guidance published in Volume 9
of the Foreign Affairs Manual (``9 FAM''), section 403.9-8(A) Bonds
Should Rarely Be Used,\2\ which states, ``[t]he mechanics of posting,
processing and discharging a bond are cumbersome,'' and notes possible
misperception of a bond requirement by the public. This view of a bond
requirement is not supported by any recent examples or evidence, as
visa bonds have not generally been required in any recent period,
notwithstanding a 2020 pilot program that did not provide any
substantive data. The Immigration and Naturalization Service Data
Management Improvement Act of 2000 mandated the implementation of an
integrated entry and exit data system with annual reports to Congress
including among other information, ``the number of aliens who arrived
pursuant to a nonimmigrant visa . . . for whom no matching departure
data have been obtained through the system or through other means as of
the end of the alien's authorized period of stay, with an accounting by
the alien's country of nationality and date of arrival in the United
States.'' A review of these reports going back over a decade
demonstrates that hundreds of thousands of nonimmigrant visitors fail
to timely depart in accord with the terms of their visitor visa.\3\ The
Pilot Program will enable the Department to assess the operational
feasibility of posting, processing, and discharging visa bonds, in
coordination with the Department of the Treasury (``Treasury'') and the
Department of Homeland Security (``DHS''), and to inform any future
decision concerning the possible use of visa bonds to ensure
nonimmigrants using these visa categories comply with the terms and
conditions of their visas and timely depart the United States.
---------------------------------------------------------------------------
\2\ <a href="https://fam.state.gov/FAM/09FAM/09FAM040309.html">https://fam.state.gov/FAM/09FAM/09FAM040309.html</a>.
\3\ See Section 2(a) of the Immigration and Naturalization
Service Data Management Improvement Act of 2000 (Pub. L. 106-215,
114 Stat. 337, June 15, 2000) deriving from H.R. 4489 introduced May
18, 2000. As explained in the Congressional Record for May 25, 2000,
section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), mandated an automated entry-
exit control system with collection of data related to individuals
who overstayed their authorized stay. The legislative effort from
2000 provided then INS with additional time to carry out the
mandated entry-exit data collection in order to carry out the
purpose of section 110 of the IIRIRA, which was to track individuals
who overstay their allowable stay in the United States.
---------------------------------------------------------------------------
The Department published a temporary final rule in 2020 initiating
a six-month visa bond pilot program, aimed at assessing the operational
feasibility of a visa bond program, 85 FR 74875 (Nov. 24, 2020).
However, in light of the worldwide reduction in global travel as a
result of the COVID-19 pandemic, the Department did not implement the
pilot and consequently it did not provide any data on the feasibility
for full implementation.
This Pilot Program responds to Executive Order 14159, ``Protecting
The American People Against Invasion,'' which directs the Secretary of
the Treasury, in coordination with the Secretaries of State and
Homeland Security, to ``establish a system to facilitate the
administration of all bonds'' under the provisions of the INA.\4\ Under
the Pilot Program, as discussed further below, visa bonds may be
required from certain applicants for B-1/B-2 visas who are nationals of
countries identified by the Department of State as having high visa
overstay rates, where screening and vetting information is deemed
deficient or, Citizenship by Investment (``CBI''), if the alien
obtained citizenship with no residency requirement. The Department will
announce the covered countries via Travel.State.Gov no fewer than 15
days before the Pilot Program takes effect, and this list may be
amended throughout the pilot, with 15 days from announcement to
enactment.\5\ In announcing the covered countries, the Department will
also provide a brief explanation of the basis for requiring bonds
consistent with this rule. The face value of visa bonds will be
deposited in the appropriate account using the Treasury-hosted <a href="https://www.Pay.Gov">https://www.Pay.Gov</a> website via Form I-352, Immigration Bond.
---------------------------------------------------------------------------
\4\ 90 FR 8443 (Jan. 2029, 2025).
\5\ Aliens traveling under the Visa Waiver Program fall outside
the scope of the Pilot Program, as those travelers do not apply for
visas.
---------------------------------------------------------------------------
DHS regulations at 8 CFR 103.6 provide for the posting, processing,
and cancellation of such visa bonds. However, the Secretary of Homeland
Security delegated the authority to the employees of the Department of
State, as designated by the Secretary of State, to perform duties
related to the acceptance and processing of maintenance of status and
visa bonds.\6\ The Secretary of State consents to Department of State
employees performing duties related to the acceptance and processing of
visa bonds as described in this TFR. The Department will accept and
approve the I-352. Under the process for this Pilot Program, consular
officers will require the visa bond be posted via <a href="https://www.Pay.Gov">https://www.Pay.Gov</a>
as a condition of visa issuance for certain visa applicants. After
receiving the visa bond monies,
[[Page 37379]]
the Treasury will place the visa bond monies in a DHS account, akin to
an escrow account, held by Treasury subject to directions from DHS and/
or the Department related to breach or cancellation of the visa bond as
described in this TFR.
---------------------------------------------------------------------------
\6\ See 8 U.S.C. 1103(a)(6); 8 CFR 2.1.
---------------------------------------------------------------------------
II. Purpose of This Rule
The Department is publishing this TFR to establish the Pilot
Program, including: (1) the criteria for identifying visa applicants
who will be required to post visa bonds; (2) three levels for the
amount of the bond, with the level to be selected by the consular
officer based on an alien's individual circumstances; (3) how covered
countries will be announced; and (4) the duration of the Pilot Program.
The Pilot Program will help the Department assess the operational
feasibility of posting, processing, and discharging visa bonds, in
coordination with Treasury and DHS, for the purpose of ensuring the
legally required departure of an alien from the United States as
described in section 221(g)(3) of the INA. This Pilot Program will
inform any future decision concerning the possible use of visa bonds to
address the national security and foreign policy priorities articulated
in Executive Order 14159. The Pilot Program is further designed to
serve as a diplomatic tool to encourage foreign governments to take all
appropriate actions to ensure robust screening and vetting for all
citizens in matters of identity verification and public safety, to
create safeguards in CBI programs that provide citizenship without any
residency in the country, and to encourage specified countries with
visa overstays to ensure their nationals timely depart the United
States after making temporary visits.
Executive Order 14159 directs the Secretary of the Treasury, in
consultation with the Secretary of State and the Secretary of Homeland
Security, to ``establish a system to facilitate the administration of
all bonds that the Secretary of State or the Secretary of Homeland
Security may lawfully require to administer the provisions of the
INA.'' \7\ The Department intends to use the results of the Pilot
Program to assess the operational feasibility of posting, processing,
and discharging visa bonds and to assess the burden such a program
places on government agencies, which will inform any future decision
concerning the possible use of visa bonds to address visa overstay
rates and other security concerns, relative to operational
considerations. The operational feasibility of posting, processing, and
discharging visa bonds focuses on assessing the burdens such a program
places on government agencies and identifying challenges that might
arise from the interagency process for implementing visa bonds. While
this Pilot Program is primarily designed to study the operational
feasibility of implementing visa bonds, data collected during the Pilot
may also be used to determine the effectiveness of visa bonds at
reducing overstays, evaluate concerns about insufficient identity
verification, and the extent to which visa bonds may deter otherwise
legitimate B-1 and B-2 visa applicants from traveling to the United
States.
---------------------------------------------------------------------------
\7\ 90 FR at 8446.
---------------------------------------------------------------------------
III. Background
A. Foreign Policy Justification
Executive Order 14159 directs Treasury, in coordination with DHS
and the Department, to take all appropriate action to implement a visa
bond program. By its design and intention, the Pilot Program is a tool
of diplomacy, intended to encourage foreign governments to take
immediate action to reduce the overstay rates of their nationals when
traveling to the United States for temporary visits, and to encourage
countries to improve screening and vetting and the security of travel
and civil documents, including in the granting of citizenship. As such,
the rule properly is described as a key pillar of the Trump
Administration's foreign policy to protect the United States from the
clear national security threat posed by visa overstays and deficient
screening and vetting.
The Secretary of State determined in Public Notice 12682 \8\ that
securing America's borders and protecting its citizens from external
threats is the first and highest priority of the foreign affairs
function of the United States.\9\ This effort requires the United
States to marshal all available resources and authorities in support of
securing the borders of the United States, including removing
individual aliens who remain in the United States unlawfully. Executive
Order 14159 states that ``[m]any of these aliens unlawfully present in
the United States present significant threats to national security and
public safety, committing vile and heinous acts against innocent
Americans. Others are engaged in hostile activities, including
espionage, economic espionage, and preparations for terror-related
activities. Many have abused the generosity of the American people, and
their presence in the United States has cost taxpayers billions of
dollars at the Federal, State, and Local levels.'' This TFR addresses
the Trump Administration's call to protect the American people by
faithfully executing the immigration laws of the United States.
---------------------------------------------------------------------------
\8\ See Determination: Foreign Affairs Function of the United
States, 90 FR 12200 (Mar. 14, 2025).
\9\ See, e.g., Executive Orders 14150, 14157, 14160, 14161,
14165.
---------------------------------------------------------------------------
DHS produces annual reports containing nonimmigrant overstay data.
In the DHS FY 2023 Overstay Report, DHS data indicated there were over
500,000 ``Suspected In-Country Overstays \10\ (i.e., aliens who
remained in the country past the end of their authorized stay and had
yet to depart the country) among nonimmigrants admitted through air or
sea ports of entry.\11\ The Department's review of DHS nonimmigrant
reports, which have been regularly published since 2015, indicates that
the average number of aggregated annual overstays is typically in the
hundreds of thousands, with several countries having significant
percentages or numbers of individual aliens who are believed to have
overstayed their nonimmigrant visas.\12\ Furthermore, the total number
of annual overstays among foreign nationals admitted to the United
States at an air or sea port of entry as nonimmigrant visitors for
business or pleasure on a B-1 or B-2 visa, excluding travelers from
Mexico, Canada, and Visa Waiver Program (VWP) participating
countries,\13\ has fluctuated in recent years, based on statistics
published by DHS. For fiscal years beginning 2015, DHS has published an
``Overstay Report'' with a broad range of statistics relating to
``overstays,'' which DHS defines, for purposes of these reports, as ``a
nonimmigrant who was lawfully admitted to the United States for an
[[Page 37380]]
authorized period but stayed in the United States beyond [his or her]
authorized admission period.'' \14\ As explained in the report, if a
nonimmigrant timely applies for an extension of the authorized period
of admission or applies to change or adjust status, the authorized
period of admission may be extended, thereby avoiding being counted as
overstay. The reports for fiscal years 2015 through 2023 include
statistics on foreign nationals who entered the United States at an
airport or sea port of entry on a B-1 or B-2 visa, excluding travelers
from Mexico, Canada, and VWP participating countries. For fiscal year
2019, DHS reported a total of 320,086 overstays among this category of
nonimmigrant visitors, including ``out-of-country'' overstays (i.e.,
those who departed some time before the end of FY 2019) and in-country
overstays (i.e., those who remained in the United States at the end of
FY 2019).\15\ The number of such overstays fluctuated during and after
the COVID pandemic, rising from 352,748 for FY 2020,\16\ to 504,636 for
FY 2022,\17\ finally back to 314,111 for FY 2023.\18\
---------------------------------------------------------------------------
\10\ See DHS, Fiscal Year 2023 Entry/Exit Overstay Report,
<a href="https://www.dhs.gov/publication/entryexit-overstay-report">https://www.dhs.gov/publication/entryexit-overstay-report</a>.
\11\ ``Fiscal Year 2023 Entry/Exit Overstay Report'' prepared by
DHS and submitted to Congress pursuant to Section 2(a) of the
Immigration and Naturalization Service Data Management Improvement
Act of 2000 (Pub. L. 106-215, 114 Stat. 337, June 15, 2000) (DHS FY
2023 Overstay Report), found at <a href="https://www.dhs.gov/publication/entryexit-overstay-report">https://www.dhs.gov/publication/entryexit-overstay-report</a>. In the Report, DHS further explained that
by the end of December 2023, the number of Suspected In-Country
Overstays for FY 2023 decreased to 510,363, due to departures and
adjustments of status by aliens in that population. The report
explains that overstay statistics reported do not take into account
diplomats and other representatives, crewmembers, aliens in transit,
and section 1367 special-protected classes, because they have
``unspecified authorized periods of stay and legal protections.''
DHS FY 2023 Overstay Report at Section III(C).
\12\ See historical listing of DHS Entry/Exit Overstay Reports
from 2015 to 2023. Link accessed May 1, 2025. <a href="https://www.dhs.gov/publication/entryexit-overstay-report">https://www.dhs.gov/publication/entryexit-overstay-report</a>.
\13\ The Visa Waiver Program is described in INA 217, 8 U.S.C.
1187.
\14\ DHS Fiscal Year 2023 Entry/Exit Overstay Report, <a href="https://www.dhs.gov/publication/entryexit-overstay-report">https://www.dhs.gov/publication/entryexit-overstay-report</a> (DHS FY2023
Overstay Report), at Section III(C).
\15\ Id. at page 14, Table 2.
\16\ DHS Entry/Exit Overstay Report for Fiscal Year 2020,
<a href="https://www.dhs.gov/publication/entryexit-overstay-report">https://www.dhs.gov/publication/entryexit-overstay-report</a>, at page
14, Table 1.
\17\ DHS Entry/Exit Overstay Report for Fiscal Year 2022,
<a href="https://www.dhs.gov/publication/entryexit-overstay-report">https://www.dhs.gov/publication/entryexit-overstay-report</a>, at page
12, Table 1.
\18\ DHS Entry and Exit Overstay Report for Fiscal Year 2023,
<a href="https://www.dhs.gov/publication/entryexit-overstay-report">https://www.dhs.gov/publication/entryexit-overstay-report</a>, at page
10, Table 1.
---------------------------------------------------------------------------
By focusing the Pilot Program on certain countries identified as
having high visa overstay rates among aliens admitted to the United
States for business or pleasure (B-1/B-2) via air and sea ports of
entry,\19\ where screening and vetting information is deemed deficient,
or which offer CBI with no residency requirement, the Department sends
a message to all countries to take immediate action to encourage their
nationals to comply with U.S. immigration law and address insufficient
identity verification and criminal records, including for naturalized
citizens of CBI countries without residency requirement. The countries
subject to the Pilot Program will be announced on <a href="https://www.travel.state.gov">https://www.travel.state.gov</a> and may modified on a rolling basis.
---------------------------------------------------------------------------
\19\ This analysis excluded nationals of Canada, Mexico, and
countries that participate in the Visa Waiver Program, because,
among other reasons, the procedures or requirements for B-1/B-2
status for nationals of those countries differ from nationals of
other countries and generally do not involve applying for visas.
---------------------------------------------------------------------------
B. Legal Framework Underlying the Pilot Program
As detailed below, the INA grants, and Department regulations
implement, consular officer authority to require bonds in appropriate
circumstances. Although, historically, as a matter of policy,
Department guidance has discouraged consular officers from exercising
their authority to require bonds,\20\ a fresh review of DHS entry-exit
data has been compiled since 2015, and pursuant to authorities set
forth in 1996 by the Illegal Immigration Reform and Immigrant
Responsibility Act, amended by the Immigration and Naturalization
Service Data Management Improvement Act of 2000, and viewed in
conjunction with E.O. 14159 and Public Notice 12682, the Department is
revisiting this historical guidance by first determining the
feasibility of a different approach to addressing the significant
foreign policy and national security threats presented by the hundreds
of thousands of annual nonimmigrant visitor overstays.\21\
---------------------------------------------------------------------------
\20\ See 9 FAM 403.9-8(A) Bonds Should Rarely Be Used.
\21\ See 9 FAM 403.9-8(A) Bonds Should Rarely Be Used.
---------------------------------------------------------------------------
1. INA Provisions
Section 221(g)(3) of the INA, 8 U.S.C. 1201(g)(3), authorizes
consular officers to require the posting of a bond by an alien applying
for, and otherwise eligible to receive, a business/tourist (B-1/B-2)
visa ``to insure that at the expiration of the time for which such
alien has been admitted . . . or upon failure to maintain the status
under which [the alien] was admitted, or to maintain any status
subsequently acquired under section 1258 of this title [(INA sec.
248)], such alien will depart from the United States.'' INA sec.
221(g)(3), 8 U.S.C. 1201(g)(3), implicitly recognizes that there is no
guarantee that an alien will depart in a timely fashion, even when an
applicant is found otherwise eligible for the visa. Consequently, the
same INA section contemplates that it may be appropriate to require a
bond when an applicant is otherwise eligible for a visa.
2. Applicable Regulations
Regulations regarding visa bonds include 22 CFR 41.11(b)(2), which
provides that, ``[i]n a borderline case in which an alien appears to be
otherwise entitled to receive a visa under INA 101(a)(15)(B) or (F) but
the consular officer concludes that the maintenance of the alien's
status or the departure of the alien from the United States as required
is not fully assured, a visa may nevertheless be issued upon the
posting of a bond with the Secretary of Homeland Security under terms
and conditions prescribed by the consular officer.'' Additionally, 22
CFR 41.31(a)(1) references consular officer authority to require bonds
from applicants for visas for temporary visits for business or pleasure
(B-1/B-2) whose maintenance of status or departure ``does not seem
fully assured.'' 8 CFR 221.1 provides, ``The district director having
jurisdiction over the intended place of residence of an alien may
accept a bond on behalf of an alien defined in section 101(a)(15)(B) or
(F) of the Act prior to the issuance of a visa to the alien or upon
receipt of a request directly from a U.S. consular officer or upon
presentation by an interested person of a notification from the
consular officer requiring such a bond; such a bond also may be
accepted by the district director with jurisdiction over the port of
entry or pre-inspection station where inspection of the alien takes
place.'' 8 CFR 221.1 also outlines some procedural aspects of bond
processing and refers to 8 CFR 103.6 for more procedural rules relating
to bonds. Lastly, 8 CFR 103.6 outlines the procedures relating to bond
riders, acceptable sureties, cancellation, or breaching of bonds in
detail. These regulations reinforce the broad scope of the statutory
authority of the Department and consular officers to require bonds to
help ensure the timely departure from the United States of any visitor
on a B-1/B-2 visa, when the alien is otherwise eligible for a visa,
because an alien's departure after entering the United States can never
be fully assured at the time of visa issuance or admission to this
country.
3. Foreign Affairs Manual
Despite the regulatory foundation for consular officers to issue
visa bonds, historically, as a matter of policy, the Department has
discouraged consular officers from exercising their authority to
require bonds, as reflected in volume 9 of the Foreign Affairs Manual
at section 403.9-8(A), which provides, ``[a]lthough 22 CFR 41.11(b)(2)
permits consular officers, in certain cases, to require a maintenance
of status and departure bond, it is Department policy that such bonds
will rarely, if ever, be used.'' The FAM section indicates that this
policy relies, in part, on an assessment that ``[t]he mechanics of
posting, processing and discharging a bond are cumbersome.'' The Pilot
Program will help the Department assess the continued reliance upon the
[[Page 37381]]
untested historical assessment that imposing visa bonds to achieve the
foreign policy and national security goals of the United States remains
too cumbersome to be practical. The pilot program will allow the
Department to truly determine the operational feasibility of posting,
processing, and discharging visa bonds, in coordination with Treasury
and DHS, and inform future decisions concerning the use of visa bonds
as a diplomatic tool to address overstays and insufficient identity
verification, including for citizens of CBI countries who obtained
citizenship with no residency requirement. The Pilot Program will
constitute an exception to that general guidance with respect to the
categories of aliens covered by the Pilot Program, during the 12-month
duration of the Pilot Program.
IV. Parameters of the Pilot Program
The Pilot Program will last 12 months, beginning on the effective
date of this TFR. The program will be limited to aliens who are:
applying for B-1/B-2 nonimmigrant visas and are nationals of countries
that the Department has identified: (1) as having high visa overstay
rates; (2) where screening and vetting information is deemed deficient;
or (3) as offering CBI, if the alien obtained citizenship with no
residency requirement. The Department has selected these criteria as
the bases for requiring a bond because they are generally indicators
that an applicant may pose a higher potential to overstay his or her
admitted stay in the United States or otherwise fail to maintain the
status in which he or she was admitted, or to maintain any nonimmigrant
status subsequently acquired. The Department has reached this
conclusion for the following reasons. First, the Department finds that
a country's high overstay rate is an indicator that a national of that
country is at a higher risk of overstaying than nationals of countries
with lower overstay rates. Second, the Department finds that nationals
of countries where vetting and screening are deficient are nationals
for whom there are concerns about overstay risks because the Department
has difficulty obtaining full background and criminal history
information. Third, nationals of a country with CBI who obtained
citizenship with no residency requirement may have insufficient
personal history within or connections to their country of nationality
for sufficient screening and vetting checks to be conducted. Covered
visa applicants will be required to post a bond of up to $15,000 as a
condition of visa issuance, with the exact amount of the bond based
upon the applicant's circumstances as determined by the consular
officer but in an amount of no less than $5,000, unless the bond
requirement is waived. Compliance with the bond will require arrival
into and departure from the United States by air from one of the
airports pre-selected for use during this pilot program, based on their
capacity to automatically confirm that the alien has departed the
United States in accordance with the bond's conditions. The selected
airports will be announced on <a href="http://www.travel.state.gov">www.travel.state.gov</a> 15 days ahead of
bonds being implemented and may be modified on a rolling basis.
A. Overstay Rates and Deficient Screening and Vetting
For purposes of the Pilot Program, country overstay rates will be
determined based on the DHS FY 2023 Overstay Report, which is the most
recent edition of this report and was published on August 5, 2024.\22\
The countries subject to the pilot program will be determined based on
DHS published data on overstays by nationals of the country admitted to
the United States as a temporary visitor for business or pleasure (B-1/
B-2 nonimmigrant status) via air and seaports of entry. The data set
excluded Canada, Mexico, and countries participating in the VWP.\23\
Regarding countries that have deficient screening and vetting
information, Executive Order 14161 directs the Secretary of State to
identify ``countries throughout the world for which vetting and
screening information is so deficient as to warrant a partial or full
suspension on the admission of nationals.'' Following that review, on
June 4, 2025, President Trump issued Proclamation 10949, titled
``Restricting the Entry of Foreign Nationals To Protect the United
States From Foreign Terrorists and Other National Security and Public
Safety Threats,'' in which the President determined to either fully or
partially restrict and limit the entry of nationals from specific
countries.\24\ Finally, regarding nationals of countries with CBI who
obtained citizenship without any residence requirement, these
applicants are sometimes able to undergo a name change to conceal past
criminal or other illicit ties, and are not tied to the host country`s
screening and vetting apparatus. Furthermore, Executive Order 14161
directed the Secretary to ``evaluate all visa programs to ensure that
they are not used by foreign nation-states or other hostile actors to
harm the security, economic, political, cultural, or other national
interests of the United States.'' The countries covered by the Pilot
Program will be announced via <a href="http://travel.state.gov">travel.state.gov</a> 15 days ahead of bonds
being implemented and may be modified on a rolling basis.
---------------------------------------------------------------------------
\22\ Id. Id. The FY 2024 report has not yet been released. See
DHS Entry/Exit Overstay Reports, <a href="https://www.dhs.gov/publication/entryexit-overstay-report">https://www.dhs.gov/publication/entryexit-overstay-report</a>. Id.
\23\ A country's continued participation in the Visa Waiver
Program may depend on overstay rates. See INA section 217(c)(3),
(f); 8 U.S.C. 1187(c)(3), (f).
\24\ 90 FR 24497 (June 4, 2025).
---------------------------------------------------------------------------
The DHS FY 2023 Overstay Report provides data on departures and
overstays, by country of nationality, for foreign visitors to the
United States who were expected to depart in FY 2023 (October 1, 2022-
September 30, 2023). For purposes of the DHS FY 2023 Overstay Report
and this Pilot Program, a ``visa overstay'' is an alien who was
lawfully admitted to the United States and remains in the United States
beyond the period of admission authorized by DHS. The initial
authorized admission period is a fixed period determined by DHS at the
time a B-1/B-2 visa holder applies for admission to the United States,
but in some circumstances, an admission period may be extended by U.S.
Citizenship and Immigration Services (USCIS) upon adjudication of an
application for an extension of stay or change of nonimmigrant status.
Under the terms of the Pilot Program, an alien admitted to the
United States for a temporary period as a nonimmigrant will have his or
her bond cancelled if the alien (a) complies with all the conditions of
each specific nonimmigrant status which she or he is accorded while
classified in such status, including the condition that the alien
should not accept unauthorized employment, and (b) departs from the
United States on or before the date to which he or she is authorized to
remain in the United States. An alien will also have his or her bond
cancelled if he or she (a) is granted or has timely and properly filed
an application for an extension of stay or a change in nonimmigrant
status, (b) complies with all the conditions of each specific
nonimmigrant status which he or she is accorded while in such status,
including the condition that the alien should not accept unauthorized
employment, and (c) departs from the United States on or before the
extended date to which she or he is authorized to remain in the United
States.
The bond obligation shall become due and payable if the alien
breaches the visa bond by: (a) violating any condition of his or her
status; (b) filing an unexcused untimely application for
[[Page 37382]]
change of status or extension of his or her lawful admission; (c)
remaining in the United States after expiration of the period of
admission or (d), if the alien timely and properly files an application
for change of status or extension of her or his lawful temporary stay,
the alien does not depart the United States within 10 days after denial
of such request.
B. Posting Bonds via Treasury's www.Pay.Gov Interface
As noted above, the purpose of the Pilot Program is to assess, in
coordination with Treasury and DHS, the operational feasibility of: (1)
posting the bond via Treasury's www.Pay.Gov service; and (2)
processing, and discharging visa bonds, to inform any future decision
concerning the possible use of visa bonds to address overstays and
other identified immigration policy concerns.
C. B-1/B-2 Visa Applicants Only
To determine the feasibility of the Pilot Program, the Department
is conducting a pilot to collect data and limiting the pilot to aliens
whose authorized period of admission in the United States should be
concluded within the designated time period, allowing for data
collection at all stages of the process. Although section 221(g)(3), of
the INA, 8 U.S.C. 1201(g)(3), authorizes consular officers to require
visa bonds from applicants for B-1/B-2 visas and F (student) visas, the
Pilot Program is limited to B-1/B-2 visa applicants, because their
authorized period of stay after admission to the United States is fixed
by DHS Customs and Border Protection (CBP) officers at the port of
entry and typically lasts a matter of months. CBP officers typically
authorize a maximum of one year for business visitors pursuant to 8 CFR
214.2(b)(1), and typically six months for tourists, in accordance with
8 CFR 214.2(b)(2). In contrast, F-1 nonimmigrant students generally are
admitted for the duration of their status as of the time this rule was
published, pursuant to 8 CFR 214.2(f)(5), which commonly is multiple
years. Because the Pilot Program will last only for a limited duration,
F-1 nonimmigrant students, who are in most cases likely to be
authorized to remain in the United States for multiple years, would be
unlikely to complete the bond cycle (which ends with cancellation or
breach of the bond) during the duration of the Pilot Program. B-1/B-2
visas issued to aliens covered by the Pilot Program will be annotated
to reflect the visa bond requirement. That annotation may be taken into
account by CBP officers which will generally limit the period of
admission for any such visa holders to 30 days.
D. Limited Waiver Process
For the duration of the Pilot Program, there will be no bond waiver
application process. Section 41.11(c)(3) of the Department's
regulations in title 22 CFR grants the Deputy Assistant Secretary (DAS)
for Visa Services discretionary authority to waive the bond
requirement, for an alien or a category of aliens, if the DAS assesses
that a waiver would not be contrary to the national interest. Because
all visa applicants will be presumed to want a waiver of the bond
requirement, and because the only information that might be provided by
an applicant that would be relevant to a waiver decision is the
applicant's purpose of travel and possibly employment, which already is
requested from all applicants, there will be no bond waiver application
process. However, consular officers will have the authority to request
waivers in very limited circumstances, such as travel for U.S.
Government employees or urgent humanitarian needs, and the DAS for Visa
Services has the discretionary authority to grant or deny those
recommendations.
E. Bond Amounts
In accordance with the statutory and regulatory framework described
above, the Department, through consular officers, has broad authority
to require a visa applicant to post a bond in such sum and with such
conditions as would help ensure the alien's timely departure from the
United States. To promote the efficiency of the Pilot Program and avoid
arbitrary and inconsistent bond amounts, the Department is setting
guidelines for the bond amount. Because INA section 221(g)(3), 8 U.S.C.
1201(g)(3), indicates consular officers must consider each visa
applicant's personal circumstances in setting the bond amount, by its
reference to the consular officer prescribing a bond's sum and
conditions to be sufficient to insure ``such alien will depart from the
United States'' in a timely manner, the Department is providing
consular officers three options for bond amounts: $5,000, $10,000, and
$15,000. The Department believes these three levels will provide
consular officers discretion to require a bond in an amount that is
sufficient enough to ensure the alien does not overstay, while taking
into account the visa applicant's circumstances.
Consular officers will be expected to set the bond amount at
$10,000, unless the officer has reason to believe the visa applicant's
circumstances would render the applicant unable to pay that amount (but
yet remain sufficiently financed to pay all travel expenses through the
period of intended stay in the United States), in which case the bond
would be set at $5,000. Alternatively, if the alien's circumstances,
including the nature and extent of the alien's contacts in the United
States, would suggest a $10,000 bond would not be sufficient to ensure
the alien would timely depart the United States, the officer would
require a $15,000 bond as a condition of visa issuance. In making such
determinations, consular officers will take into account the totality
of the circumstances, including any information provided by the visa
applicant on the visa application or in the visa interview regarding
the alien's purpose of travel, current employment, income, skills, and
education.
The three options for bond amounts were set following consultations
with Treasury and DHS. In setting the amounts, the Department took into
consideration costs associated with removal, including the full
Immigration Enforcement Lifecycle cost (including mission support
costs) ending with removal, as computed by DHS at approximately $17,121
per alien.\25\ The Department viewed these costs as relevant, because
an alien who overstays his or her authorized period of stay and who
must be placed into removal proceedings requires the U.S. government to
incur immigration enforcement-related costs that otherwise would not be
incurred. For the purposes of the Pilot Program, an alien who breaches
a bond would generally forfeit the bond amount, which could be used, in
part, to reimburse the U.S. government for expenses incurred in the
[[Page 37383]]
collection of breached bonds and for expenses associated with the
detention of illegal aliens, necessitated by the alien overstaying his
or her authorized period of stay.\26\
---------------------------------------------------------------------------
\25\ Immigration Enforcement Lifecycle (IEL) cost represents a
fully burdened managerial cost accounting for the average cost
burden to perform each aspect of the lifecycle, yielding a total IEL
cost per overstaying alien in the year of budget execution. The cost
is developed and published by the ICE Office of the CFO (CFO)/Office
of Budget Program and Performance (OBPP)/Performance Analysis &
Evaluation (PA&E) at the end of each fiscal year. In Fiscal Year
(FY) 2024, the Enforcement and Removal Operations (ERO) Policy
Planning and Administration (PPA) was given an appropriation of
$5.082 billion across its five (5) sub-PPAs to enforce immigration
law and remove illegal aliens from the United States. The lifecycle
calculation includes the baseline direct cost expenditures of the
ERO PPA, which are the personnel and general expenditures required
for operational enforcement on a daily basis. To this amount is
added the indirect management and administrative (M&A) costs of ICE
personnel who assist the ERO Program in accomplishing its mission.
This includes support from such components as acquisition (OAQ),
information technology (OCIO), asset management (OAFM), human
resources (OHC), budget (CFO/OBPP), and legal advisory (OPLA). For
FY 2024, the total IEL cost is approximately $17,121 per illegal
alien.
\26\ 8 U.S.C. 1356(r)(3).
---------------------------------------------------------------------------
F. Duration of Pilot Program
The Department will conduct the Pilot Program for 12 months,
beginning on August 20, 2025. The Department determined, in
consultation with Treasury and DHS, that 12 months is an adequate
period to ensure that multiple visa applicants will have completed the
full bond cycle, from the visa interview, through travel to the United
States, to a final determination of bond cancellation or breach.
Experience with each of the steps of the bond cycle is necessary to
assess the operational feasibility of posting, processing and
discharging a visa bond, in coordination with Treasury and DHS.
Following the conclusion of the Pilot Program, consular officers no
longer will require the posting of bonds based on the guidance set out
in this TFR; however, any visa bonds posted as part of the Pilot
Program will remain in effect until either breached or cancelled, in
accordance with terms and conditions set out on Form I-352, Immigration
Bond, even after the Pilot Program period has ended.
V. Visa Bond Procedures Under the Pilot Program
A. Applying for a Visa
All applicants from covered countries as listed on Travel.State.Gov
will apply for nonimmigrant visas by following the standard procedures
including scheduling an appointment at the consular section at a U.S.
embassy or consulate and paying the associated Machine-Readable Visa
fees.
B. Setting the Bond
During the course of the visa interview, a consular officer will
determine if an applicant is otherwise eligible for a visa, and if the
applicant falls within the scope of the Pilot Program. If the applicant
falls within the scope of the Pilot Program, the consular officer will
inform the applicant of the bond requirement and the amount of the
required bond, whether $5,000, $10,000, or $15,000. The consular
officer will advise the applicant that he or she must post a bond and
the consular officer will deny the visa under INA section 221(g), 8
U.S.C. 1201(g), to provide further information about posting the bond
through the www.Pay.Gov interface. That denial may be overcome if a
bond in the required amount is duly posted within 30 days of the
interview by the visa applicant or on the visa applicant's behalf by a
single payer. The officer will provide to the applicant: (1) a notice
explaining the bond requirement and procedures for posting a cash bond
via www.Pay.Gov and (2) the link to the www.Pay.Gov site for posting
the bond. DHS regulations at 8 CFR 103.6 currently provide for the
posting, processing, and cancellation of such visa bonds. Due to the
short duration of the visas being issued, should the visa applicant
post the bond more than 30 days after the interview, the consular
officer may conduct a further interview to reconfirm the applicant's
purpose of travel.
C. Paying the Bond
The Department will email the applicant, using the contact
information provided by the applicant, providing him or her a link to
submit a Form I-352 associated with his or her application and the
required bond amount payable through www.Pay.Gov. Submission of the
Form I-352 includes submission of the required bond amount. All terms
and conditions set out on Form I-352 applicable to maintenance of
status and departure bonds shall apply. The obligor on the bond,
whether a person who posts a cash bond on behalf of the visa applicant
or the visa applicant, will be informed if the visa applicant fails to
comply with the terms and conditions of the bond and, consequently,
that the bond has been breached. The procedures for determining and
enforcing a breach are set out on Form I-352 and in DHS regulations,
including 8 CFR 103.6. However, as stated above, the Secretary of
Homeland Security delegated the authority to the employees of the
Department of State, as designated by the Secretary of State, to
perform duties related to the acceptance and processing of maintenance
of status and visa bonds.\27\ State will receive confirmation from
Treasury that the bond has been posted, at which point State will
approve the Form I-352 and return an electronic copy to the applicant.
---------------------------------------------------------------------------
\27\ See 8 U.S.C. 1103(a)(6); 8 CFR 2.1.
---------------------------------------------------------------------------
D. Issuing the Visa
The consular section where the visa applicant applied will rely on
contact information provided by the applicant to contact the applicant
regarding the final process to issue the visa. If, upon further review,
the consular officer determines the applicant is not eligible for the
requested visa, the consular officer will deny the visa, and the bond
will be cancelled. If the required bond is posted, and the consular
officer subsequently determines the applicant remains otherwise
eligible for a visa, the officer will issue the visa, valid for a
single entry within three months of the date of visa issuance, with an
annotation indicating the posting of a visa bond.
<bullet> This limited visa validity period is necessary to increase
the likelihood that travel, notwithstanding the terms of the bond, is
completed within a time frame conducive to gathering data from the
Pilot Program.
<bullet> During the Pilot Program, as a condition of the bond,
these visa holders may only enter and depart the United States through
pre-selected ports of entry. These ports of entry will be announced via
<a href="http://travel.state.gov">travel.state.gov</a>.
<bullet> The visa annotation will alert CBP officers at these ports
of entry that the applicant has posted a visa bond under the Pilot
Program.
<bullet> CBP officers at the port of entry will limit the period of
admission to 30 days.
E. Cancellation of the Bond--Return
Pursuant to 8 CFR 103.6(c)(3), the bond should be canceled when
there has been ``substantial performance of all conditions imposed by
the terms of the bond.'' \28\ Bond proceeds will be returned for any
visa holder who complies with the terms and conditions of the bond,
based on information provided by DHS through the Arrival and Departure
Information System (ADIS) in the following circumstances:
---------------------------------------------------------------------------
\28\ Conditions of the bond as set forth in paragraph G(4) of
Form I-352.
---------------------------------------------------------------------------
<bullet> Following the timely departure from the United States of a
visa holder for whom a bond was posted, as captured in the visa
holder's departure from the United States through a designated air port
of entry.
<bullet> Upon expiration of the visa, if the visa holder did not
travel to the United States, as captured by ADIS.
<bullet> Following CBP deeming the visa holder inadmissible and
cancelling the visa by CBP at the port of entry, as captured by ADIS.
The applicant on any canceled bond will be entitled to a full
refund. There will be no accrued interest on visa bonds that are issued
and canceled as part of this pilot program. The Department also will
provide the applicant with a Notice--Immigration Bond Cancelled (Form
I-391), which confirms compliance with the conditions of the bond.
[[Page 37384]]
F. Cancellation of the Bond--Manual Request
A visa holder may pursue cancellation of the bond by requesting an
appointment with consular officials outside the United States within 30
days of his or her departure from the United States, or if a visa
holder wishes to cancel the bond before the visa expires and without
traveling. A consular officer will only approve this appointment if the
consular officer confirms that the visa holder's departure was not
registered in ADIS. A visa holder may confirm his or her identity by
presenting a passport and responding to questions by the consular
officer to confirm identity. He or she should also provide evidence
demonstrating that he or she departed the United States on or before
the expiration of their authorized period of stay. There are no
particular documents required to demonstrate timely departure from the
United States. Travelers may present to the consular officer a variety
of information, including but not limited to:
<bullet> Original boarding passes used to depart the United States;
<bullet> Photocopies of entry or departure stamps in a passport
indicating entry to another country after departure from the United
States (the traveler should copy all passport pages that are not
completely blank, and include the biographical page containing his or
her photograph); and
<bullet> Photocopies of other supporting evidence, such as:
<bullet> Dated pay slips or vouchers from an employer to indicate
work in another country after departure from the United States,
<bullet> Dated bank records showing transactions to indicate
presence in another country after departure from the United States,
<bullet> School records showing attendance at a school outside the
United States after departure from the United States, and
<bullet> Dated credit card receipts showing the traveler's name,
with the credit card number deleted, for purchases made after leaving
the United States.
The visa holder may also be required to demonstrate that he or she
maintained the conditions of his or her status while admitted to the
United States. A consular officer then will assess the information
received to make a preliminary determination regarding whether the
applicant has complied with the terms of the bond or breach has
occurred.
E. Bond Breach
If a visa holder fails to comply with the terms and conditions set
forth in Form I-352, the bond will be considered breached, and the bond
deposit will be forfeited. If the Department makes a preliminary
finding that a visa holder has not complied with the terms and
conditions of the bond, the Department will then forward the case to
DHS, which is responsible for making the final determination pursuant
to 8 CFR 103.6(c)(3). A visa bond will be forfeited when there has been
a substantial violation of the terms and conditions set forth in
paragraph G(4) of Form I-352.
At the conclusion of the Pilot Program, consular officers will no
longer require the posting of bonds based on this TFR; however, any
bonds posted under the Pilot Program will remain in effect until either
breached or cancelled in accordance with their terms and conditions of
issuance.
Appeal of a Bond Breach Determination
The rights relating to the appeal of a DHS determination of a bond
breach, including which rights would accrue after DHS makes a bond
breach determination, are detailed in the instructions on Form I-352
and Form I-290B.
Benefits and Costs
The benefit of this Pilot Program will be a practical assessment of
the operational feasibility of posting, processing, and discharging
visa bonds and to assess the burden such a program places on government
agencies, which will inform any future decision concerning the possible
use of visa bonds to address visa overstay rates and other immigration
policy goals, relative to operational considerations. If the visa bond
program is determined to be operationally feasible, it would serve as a
critical diplomatic tool to compel other countries to address overstays
by their nationals and to address deficiencies in their identity
verification standards and practices.
Until the Pilot Program countries are selected, the Department is
unable to estimate the number of visa applicants that will fall within
the scope of the Pilot Program. However, the Department expects the
parameters of, and the countries included in, the Pilot Program to be
limited due to the number of aliens expected to be found otherwise
qualified for visas, and uncertainty as to the number of aliens who
will choose to post a visa bond. For these reasons, the Department
assumes visa bonds will be required for 2,000 visa applicants during
the 12-month Pilot Program. If the average bond is $10,000 (from
options of $5,000, $10,000, and $15,000), the initial cost to aliens of
bonds for 2,000 visa applicants will be $20,000,000. However, assuming
all nonimmigrants for whom bonds are posted comply with the terms and
conditions of the bond, the actual bond amount is a temporary
expenditure that will be fully refunded if cash bonds are posted.
The estimated amount of time needed for an average respondent to
complete Form I-352 is thirty minutes (.50 hours) per response. The
estimated additional time burden associated with this TFR, which will
include arranging for the posting of a bond and returning to a consular
section following their departure from the United States to confirm
their compliance with the terms and conditions of the bond, is
estimated to be two hours.\29\ The 2024 Bureau of Labor Statistics
estimate for the median U.S. hourly wage for all occupations is
$23.80,\30\ thus the Department estimates that this will cost each
alien $47.60.
---------------------------------------------------------------------------
\29\ If the alien is determined to be eligible for the visa, the
alien will be required to pay the bond via <a href="http://www.pay.gov">www.pay.gov</a> and return to
the Consular Section to complete processing and issuance. The
Department estimates that for most aliens this will take no more
than two hours.
\30\ <a href="https://data.bls.gov/oes/#/industry/000000">https://data.bls.gov/oes/#/industry/000000</a>.
---------------------------------------------------------------------------
The total cost to the government associated with this Pilot Program
will be determined by the number of visa applicants that will fall
within the scope of the Pilot Program. That amount will include
printing costs, the collection and processing burden for each Form I-
352, and additional processing by consular officers. The cost of
printing two forms per response is $0.75. The collection and processing
of each Form I-352 takes an average of 6 hours and will be conducted by
a government employee with an average hourly wage plus overhead,
estimated to be $28.02. The estimated additional time a consular
officer with an average hourly wage of $135 will expend for each case
subject to a bond is 30 minutes. If a traveler breaches a bond posted
pursuant to this TFR, DHS will incur some cost in collecting on the
bond. Because DHS has no reliable basis for estimating the number of
travelers or the percentage of travelers posting bonds who will breach
the terms and conditions of the bond, DOS is unable to estimate the
cost associated with enforcing bond breaches.
VI. Regulatory Findings
Administrative Procedure Act (APA)
The Secretary of State has determined that all policy related to
visa operations and issuance, among other matters, constitutes a
foreign affairs function of the United States under the Administrative
Procedure Act (5 U.S.C.
[[Page 37385]]
553(a)(1)).\31\ The subject matter of this TFR involves visa policy,
which is a foreign affairs function of the United States, directly
implicating relationships between the United States and the specific
countries whose nationals may be subject to the Pilot Program. The
Pilot Program will, among other things, allow the Department to study
the feasibility of using nonimmigrant visa bonds as a potential
diplomatic tool to encourage foreign governments to take immediate
action to ensure that their nationals timely depart the United States
after making temporary visits. Therefore, this TFR clearly and directly
impacts the foreign affairs functions of the United States and
``implicat[es] matters of diplomacy directly.'' City of N.Y. v.
Permanent Mission of India to the U.N., 618 F.3d 172, 202 (2d Cir.
2010).
---------------------------------------------------------------------------
\31\ See Determination: Foreign Affairs Function of the United
States, 90 FR 12200 (Mar. 14, 2025).
---------------------------------------------------------------------------
Consistent with the Secretary's determination regarding rules that
involve a foreign affairs function, the Pilot Program is a tool of
diplomacy to influence actions by foreign governments. By requiring
visa bonds for visa applicants from the listed countries with high
overstay rates for B-1/B-2 visa holders, inadequate documentation or
screening and vetting, and CBI without residency, the Pilot Program
aims to encourage those countries to cooperate with the United States
in ensuring timely departure of their citizens/nationals from the
United States and to signal to other countries that the United States
takes overstays seriously. The Department's focus on these countries
will demonstrate the United States' intolerance of visa overstays and
encourage the foreign governments to cooperate in addressing overstays
by their nationals. Accordingly, this TFR is properly viewed as one
that ``clearly and directly involve[s] activities or actions
characteristic to the conduct of international relations.'' Capital
Area Immigrants' Rights Coal. v. Trump, 471 F. Supp. 3d 25, 53 (D.D.C.
2020).
Regulatory Flexibility Act/Executive Order 13272: Small Business
This TFR would not regulate ``small entities'' as that term is
defined in 5 U.S.C. 601(6) and as such would not have a significant
economic impact on a substantial number of small entities. This TFR
only proposes to regulate individual visa applicants. The Department
affirms that this proposed rule would not have a significant economic
impact on a substantial number of small entities.
Unfunded Mandates Act of 1995
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally
requires agencies to prepare a statement before proposing any rule that
may result in an annual expenditure of $100 million or more by State,
local, or tribal governments, or by the private sector. This TFR does
not require the Department to prepare a statement because it will not
result in any such expenditure, nor will it significantly or directly
affect small governments, including State, local, or tribal
governments, or the private sector. This TFR involves visas for aliens,
and does not directly or substantially affect State, local, or tribal
governments, or businesses.
Congressional Review Act of 1996
The Office of Information and Regulatory Affairs has determined
that this TFR is not a major rule as defined in 5 U.S.C. 804, for
purposes of congressional review of agency rulemaking. This TFR will
not result in an annual effect on the economy of $100 million or more;
a major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of companies based in the United States to compete with
foreign based companies in domestic and import markets.
Executive Order 12866 (Regulatory Planning and Review) and Executive
Order 13563 (Improving Regulation and Regulatory Review)
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review), direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. These Executive Orders stress the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. The Office of Information and
Regulatory Affairs has determined that this is a significant regulatory
action under Section 3(f) of Executive Order 12866.
Executive Orders 12372 and 13132--Federalism
This Temporary Final Rule will not have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. Nor will the Temporary Final Rule
have federalism implications warranting the application of Executive
Orders 12372 and 13132.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not pre-empt tribal law.
Accordingly, the requirements of Section 5 of Executive Order 13175 do
not apply to this rulemaking.
Executive Order 12988--Civil Justice Reform
The Department has reviewed this TFR in light of sections 3(a) and
3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize
litigation, establish clear legal standards, and reduce burden.
Executive Order 14192--Unleashing Prosperity Through Deregulation
This rule is not an Executive Order 14192 regulatory action because
it is being issued with respect to foreign affairs and immigration
related functions of the United States. The rule's primary direct
purpose is to implement or interpret the immigration laws of the United
States (as described in INA Sec. 101(a)(17); 8 U.S.C. 1101(a)(17)) or
any other function performed by the U.S. Federal Government with
respect to aliens.
Paperwork Reduction Act
This TFR does not impose any new reporting or record-keeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35. The Department of State will rely on form I-352 from the Department
of Homeland Security, OMB Control Number 1653-0022, to implement the
provisions of this rule. The Department of Homeland Security has
accounted for this use of the form in its information collection
requests to the Office of Management and Budget.
List of Subjects in 22 CFR Part 41
Administrative practice and procedure, Aliens, Passports and visas.
For the reasons stated in the preamble, the Department amends 22
CFR part 41 to read as follows:
PART 41--VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY ACT, AS AMENDED
0
1. The authority citation for part 41 is revised to read as follows:
[[Page 37386]]
Authority: 8 U.S.C. 1101; 1102; 1103; 1104; 1182; 1184; 1185
note (section 7209 of Pub. L. 108-458, as amended by section 546 of
Pub. L. 109-295); 1323; 1361; 2651a.
0
2. Amend Sec. 41.11 by adding paragraph (c) to read as follows:
Sec. 41.11 Entitlement to nonimmigrant status.
* * * * *
(c) Visa Bond Pilot Program--(1) Summary. This paragraph (c)
establishes a pilot program (Visa Bond Pilot Program) beginning August
20, 2025 and ending August 5, 2026, implementing INA section 221(g)(3).
Under the Visa Bond Pilot Program, consular officers will require a
Maintenance of Status and Departure Bond (Visa Bond) to be posted via
www.Pay.Gov and accepted by the Department of State, and with the
Department of the Treasury accepting all monies to be deposited in a
Treasury-held Department of Homeland Security account for the
Department of Homeland Security, as a condition of visa issuance, for
certain visa applicants.
(2) Visa Bond Pilot Program parameters. Under the Visa Bond Pilot
Program, consular officers will require Visa Bonds to be posted by visa
applicants who are applying for visas as temporary visitors for
business or pleasure (B-1/B-2) and are nationals of a country that the
Department identifies as:
(i) Having high visa overstay rates;
(ii) Deficient in its vetting and screening and vetting
information; or
(iii) Offering Citizenship by Investment, if the alien obtained
citizenship with no residency requirement. Countries deemed to meet
these criteria will be identified on the Department's website at
<a href="http://www.travel.state.gov">www.travel.state.gov</a> no less than 15 days prior to the initiation of
the pilot program, and countries may be modified on a rolling basis.
(3) Bond amount and visa validity. Consular officers will set the
Visa Bond amount at $5,000, $10,000, or $15,000, based on a consular
officer's assessment of which amount is sufficient to ensure the alien
will maintain the status under which he or she was admitted or any
status subsequently acquired under section 248 of the INA and will not
remain in the United States beyond the end of the alien's authorized
period of stay. Visas issued under the Visa Bond Pilot Program will be
valid for a single entry to the United States within three months of
the date of visa issuance.
(4) Bond waiver authority. The Deputy Assistant Secretary for Visa
Services may waive the bond requirement, for an alien, country, or a
category of aliens, if the Deputy Assistant Secretary assesses that
such a waiver is not contrary to the national interest. A waiver of the
bond requirement may be recommended to the Deputy Assistant Secretary
for Visa Services by a consular officer where the consular officer has
reason to believe the waiver would advance a national interest or
humanitarian interest. There will be no procedure for visa applicants
to apply for a waiver of the bond requirement. Consular officers will
determine whether a waiver would advance a significant national
interest or humanitarian interest based on the applicant's purpose of
travel and employment, as described in the visa application and during
the visa interview.
(5) Bond procedures. A Visa Bond required under this paragraph (c)
must be submitted via Treasury's www.Pay.Gov interface within 30 days
of notification of the bond requirement by the consular officer and
will be approved by the Department of State. Upon the posting of such
bond, State will receive automatic notification that the bond has been
posted in a Treasury-held Department of Homeland Security account and
will notify the appropriate consular section overseas.
(i) Under this Visa Bond Pilot Program, Visa Bonds will be
administered by the Department of the Treasury, the Department of
State, and the Department of Homeland Security in accordance with
regulations, procedures, and instructions promulgated by DHS applicable
to Form I-352, Immigration Bond.
(ii) A Visa Bond will be canceled when a visa holder substantially
performs with respect to the terms and conditions of the Visa Bond as
set forth in Form I-352. Conversely, a Visa Bond will be breached when
there has been a substantial violation of the terms and conditions set
forth in Form I-352. To demonstrate that they complied with the bond
requirements, aliens may, for example, depart the United States through
pre-selected ports of entry, or schedule an appointment at a consular
section outside the United States within 30 days of his or her
departure from the United States and, after establishing his or her
identity through personal appearance and presentation of a passport,
provide information to a consular officer confirming he or she departed
the United States on or before the expiration of their authorized
period of stay.
(1) Upon doing so, visa holders will have substantially performed
the bond requirements, provided the visa holder complied with the
conditions of his or her status during his or her period of authorized
stay in the United States.
(2) Aliens who do not appear at a consular section still may ensure
cancellation of the bond if he or she substantially complies with the
terms and conditions of the Visa Bond as set forth in Form I-352.
(3) Aliens who timely file an application for extension of status
which is granted are not deemed to be in breach of bond, and the bond
will be canceled at the conclusion of his or her authorized period of
stay.
(6) Appeal of bond breach determination. A determination of a bond
breach may be appealed in accordance with instructions provided by DHS.
(7) Effect on other law. Nothing in this paragraph (c) shall be
construed as altering or affecting any other authority, process, or
regulation provided by or established under any other provision of
Federal law.
John L. Armstrong,
Senior Bureau Official, Bureau of Consular Affairs, U.S. Department of
State.
[FR Doc. 2025-14826 Filed 8-4-25; 8:45 am]
BILLING CODE 4710-05-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 5, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.