By: Mary Campbell

The U.S. Department of State has instituted a 12-month pilot program effective August 20, 2025, and running through August 5, 2026, aimed at reducing visa overstays by requiring certain B‑1/B‑2 visa applicants to post a refundable bond ranging from $5,000 to $15,000, at the discretion of the consular officer.

Scope and Applicability

This pilot applies exclusively to B‑1 (business) and B‑2 (tourist) visa applicants, and does not extend to visas under F, M, J, H, O categories, or participants in the Visa Waiver Program (ESTA). Nations eligible for inclusion are determined based on factors such as elevated overstay rates, inadequate vetting systems, or citizenship‑by‑investment programs lacking residency requirements. Initially, Malawi and Zambia are designated under the pilot, but the Department of State reserves the right to add additional countries with at least 15 days’ notice.

Bond Mechanics

During the visa interview, a consular officer may determine that a bond is required. Applicants must thereafter submit Department of Homeland Security Form I‑352 via Pay.gov to effect payment. Amounts are flexible—$5,000, $10,000, or $15,000—reflecting the officer’s assessment of overstay risk. Paying without direction from a consular officer does not obligate the U.S. Government to issue a visa or refund the funds. The bond is refundable if the visa holder complies fully with visa terms, including timely departure or approved departure procedures. Noncompliance—including unauthorized stay extensions, changes in status, or overstays—may result in forfeiture of the bond.

Travel Restrictions and Validity

Visas issued under the pilot will be single-entry, valid only for three months from issuance. Entry and exit must occur at one of three designated airports: Boston Logan International (BOS), John F. Kennedy International (JFK), or Washington Dulles International (IAD). Upon admission, Customs and Border Protection (CBP) may limit the stay to a maximum of 30 days.

Purpose and Implications

The pilot is characterized as a diplomatic tool, encouraging foreign governments to enhance exit compliance and screening systems. Overstay data are drawn from the DHS Fiscal Year 2023 Overstay Report, excluding Canada, Mexico, and Visa Waiver Program countries. Though narrowly scoped initially—with estimates suggesting possibly 2,000 travelers affected and $20 million in posted bonds—the program may expand, and the upfront bond cost could pose logistical and financial challenges for families or business travelers.

Key Takeaways for Counsel and Applicants

– Advise clients to anticipate potential bond requirements if they are nationals of Malawi or Zambia (and possibly other countries with high overstay rates).
– Prepare for added processing time and financial outlay during the visa process.
– Ensure clients understand the conditional and refundable nature of the bond—full compliance is essential for refund.
– Plan travel through approved ports (BOS, JFK, IAD) and structure business itineraries around a 30-day stay limit.
– Monitor the Department of State for updates on additional countries and procedural guidance to adapt swiftly.

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