Introduction

The U.S. Department of State has introduced a new Visa Bond Pilot Program aimed at curbing visa overstays. Under this one-year pilot, certain visa applicants may be required to pay a refundable bond of up to $15,000 as a condition of visa issuance. As we explain in this Reddy Neumann Brown PC breaking news update, this program is designed to ensure that visitors maintain their status and depart on time. In this article, we break down what visa bonds are, who is affected by the pilot program, and how it works.

What Is a Visa Bond?

A visa bond (officially called a Maintenance of Status and Departure Bond under INA 221(g)(3)) is a sum of money that a visa applicant deposits to guarantee they will follow the terms of their visa. If the traveler complies with all visa conditions – for example, not overstaying and leaving the United States on or before the authorized departure date – the bond money is returned in full. However, if the traveler violates the terms (such as overstaying their visa or otherwise failing to depart properly), the bond can be forfeited to the U.S. government. In essence, the bond acts as a financial incentive for visitors to obey U.S. immigration laws.

Visa bonds are not an entirely new concept in immigration law. U.S. consular officers have long had the legal authority (under INA § 221(g)(3)) to require a bond for certain visa applicants, though this power has been very rarely used in practice. The 2025 pilot program is a test of using this tool more broadly for a specific group of applicants in order to reduce visa overstays.

Who Is Subject to the Visa Bond Requirement?

Only certain travelers on B-1 or B-2 visitor visas (business or tourist visitors) are subject to the visa bond pilot program. Other visa categories – such as student visas (F-1), work visas (H-1B, L-1, etc.), exchange visitor visas (J-1), and anyone traveling under the Visa Waiver Program – are not included in this pilot. The focus on B-1/B-2 visas is intentional: these visitors typically have short, fixed durations of stay. This makes it feasible to implement and evaluate a bond requirement within the one-year pilot timeframe. In contrast, students and many work visa holders can stay for multiple years, meaning a bond tied to their timely departure wouldn’t realistically conclude within the pilot period. In fact, while the law technically allows bonds for F-1 students, the government chose not to include F or other long-term categories in this pilot for that reason.

Importantly, only nationals of specific countries will be asked to post a bond under the program. The State Department is targeting countries with certain risk factors, such as high visa overstay rates, insufficient screening and vetting capabilities, or those that offer “citizenship-by-investment” programs with no residency requirement (which can raise identity and travel fraud concerns). Broader foreign policy considerations can also play a role. As of the launch of the pilot (August 2025), the State Department has initially identified Malawi and Zambia as countries subject to the visa bond requirement, per a recent Bloomberg article (https://news.bloomberglaw.com/daily-labor-report/travelers-from-malawi-zambia-hit-with-visa-bond-requirement). This means that any applicant holding a passport from Malawi or Zambia who is otherwise approved for a B-1/B-2 visa will also need to post a bond before the visa can be issued.

The list of covered countries could be revised over time, but any additions would be announced in advance by the State Department (with at least 15 days’ notice before a new country’s bond requirement takes effect, via official channels like Travel.State.Gov). For now, the scope of this pilot program is relatively limited. Early estimates by Department of State suggest that only a few thousand travelers per year (roughly 2,000 applicants, by one industry estimate) will fall under the bond requirement, given the small number of countries involved and their generally lower volume of travel to the U.S. In other words, for the vast majority of international visitors, this bond will not apply. Nevertheless, if you are from an affected country (or if your employees or business colleagues are), it’s critical to be aware of this new hurdle in the visa process.

How Does the Visa Bond Pilot Program Work?

The visa bond pilot will run for one year, starting August 20, 2025 and ending August 5, 2026. Here’s how it works for those who are subject to the program:

• Visa Interview & Notification: If you are a B-1/B-2 visa applicant from a designated country (e.g. Malawi or Zambia), the consular officer at your visa interview will determine whether a bond is required. In practice nearly all applicants from the flagged countries will be instructed to post a bond as a condition of visa issuance. The officer will also specify the required bond amount, which can be set at $5,000, $10,000, or $15,000 depending on the individual case. (Consular officers will generally default to around $10,000 for most cases, unless they see reason to require the higher or lower amount based on the applicant’s situation and likelihood of compliance.)
• Posting the Bond: After the interview, the applicant must submit the bond payment through an official U.S. government platform. The consular officer will provide instructions to complete Form I-352 (Immigration Bond) and pay the bond online via the U.S. Treasury’s Pay.gov portal. The full bond amount (in U.S. dollars) must be paid within a specified time frame (for example, within 30 days of being notified of the requirement, as indicated on the instructions). It is crucial that applicants only submit payment after receiving direct instructions from the consulate. Do not attempt to pay a visa bond on your own unless explicitly instructed – paying without authorization (or through any unofficial third-party website) will not guarantee a visa and likely will not result in a refund if no visa is issued. When you do pay as instructed, the bond funds go into a government-held account, and the State Department will be automatically notified that the bond has been posted.
• Visa Issuance: Once the bond is posted and confirmed, the U.S. consulate will proceed to issue the visa. Visas issued under this pilot will be annotated to indicate a bond is attached (so that immigration authorities know the traveler is subject to the bond conditions). These visas will be valid for a single entry into the United States and must be used within three months of issuance. In other words, the traveler has a 3-month window from the visa’s issuance date to enter the U.S. one time, or else the visa will expire unused. Importantly, even though a B-1/B-2 visa normally might be multi-entry for some countries, if the program is expanded, it will only be a single entry issuance. Customs and Border Protection (CBP) officers at the port of entry have been advised that travelers with bonded visas should generally be given a maximum of 30 days in the U.S. on that trip. This is to ensure the bond cycle concludes within the pilot period and to minimize the risk of long-term overstays. (The 30-day admission isn’t a hard rule written on the visa itself, but the visa’s annotation alerts CBP, who will usually limit your stay accordingly.)

Once the visa is issued and the traveler arrives in the U.S., the clock is ticking to comply with all terms and then depart properly. The next phase is what happens after the trip, in terms of getting the bond back or losing it:

Compliance, Refunds, and Breaches of Visa Bonds

For travelers who do have to pay a visa bond, full compliance with the visa conditions is absolutely critical – not just to obey the law, but also to get your money back. Here’s what happens after you receive a bonded visa and travel:

• Successful Compliance & Refund: If you follow all the rules of your visa, the bond will be canceled and your money refunded in full. “Compliance” means you depart the U.S. on or before the date you are authorized to stay until, as given by the immigration officer when you entered. For example, if the CBP officer at the airport admitted you until September 30, 2025, you must leave by that date (or earlier). Departing on time and through one of the designated airports triggers the process to return your bond. Likewise, if you end up not using the visa at all (for instance, you never travel to the U.S. and the visa expires) or if you travel to the U.S. but are denied entry at the port of entry (through no fault of your own), those are also considered compliant outcomes – in those cases, the bond will be canceled and refunded since you did not violate any terms. The refund process will be handled by the government (note that no interest is paid on the deposit), and you’ll receive notification (such as a bond cancellation notice, typically Form I-391) confirming that the bond conditions were satisfied and the obligation is discharged.
• Violation & Breach of Bond: If you fail to comply with the terms of your visa, the bond will be breached and you will forfeit the entire bond amount to the U.S. government. The most common breach scenario is an overstay – remaining in the U.S. beyond the date you were authorized to stay, even by a single day, without an officially approved extension or change of status. A breach could also be triggered by other violations of your status or the bond conditions) In summary, complying with the visa’s terms means you get your $5,000-$15,000 back, while non-compliance means losing that money (and likely impacting your chances of future U.S. visas, since an overstay or bond breach will be a black mark on your record). The financial stakes are high, which is exactly the point – the U.S. government is hoping the threat of losing a hefty sum will strongly discourage people from overstaying their visas.

Why Is the U.S. Implementing Visa Bonds Now?

This pilot program is part of a broader effort to strengthen immigration enforcement and ensure that temporary visitors actually return home as promised. Visa overstays (the percentage of visitors who don’t leave on time) have been a perennial concern for the current administration. By targeting countries with high overstay rates, the State Department is essentially saying: “We’ve noticed that travelers from these countries are more likely to overstay, so we’re going to require a monetary guarantee from them.” According to U.S. government data, some countries – especially in parts of Africa and Asia – have overstay rates well into the double digits, meaning a significant fraction of their nationals failed to depart on time in the past. The countries first being required to do a bond in this pilot program have overstay rates of 14.32% (Malawi) and 10.45% (Zambia). Requiring bonds from these travelers is an experimental way to see if financial liability reduces overstay behavior.

It’s also worth noting the timing. A smaller six-month visa bond experiment was briefly attempted in late 2020 (during the previous administration), but it coincided with the COVID-19 pandemic which dramatically reduced travel, so that pilot wasn’t fully implemented or measured. Now in 2025, with travel volumes back to normal, the government is trying again on a limited scale. The pilot will run for about a year. If the results show that the bond program effectively lowers overstays without deterring too many travelers, it could potentially be expanded or made permanent in the future. On the other hand, if it proves too cumbersome or detrimental to tourism and business (as some critics fear), it might be dropped once the year is up.

Travel industry groups have raised concerns about the impact on tourism and international goodwill. The U.S. Travel Association, for example, noted that adding hefty bond requirements (on top of existing visa fees) could discourage visitors and send an unwelcoming message – especially to countries that may feel singled out by this policy. They also point out that this pilot is very limited in scope (only a few countries with relatively low travel volume), so the overall effect on reducing overstays might be minimal, while the perception of the policy could generate negative publicity. Additionally, there’s a new $250 “visa integrity fee” set to begin in October 2025 (separate from the bond program) which will apply to nearly all visa applicants. Some in the travel industry say this is an extra burden that, combined with potential bonds, may further hinder travel by making the U.S. one of the most expensive countries to visit for those needing a visa.

Conclusion

The visa bond pilot program represents a significant development in U.S. visa policy, but its immediate direct impact will be felt by a relatively small group of travelers. If you are applying for a U.S. visitor visa from one of the affected countries (currently Malawi or Zambia), be prepared for the possibility of a substantial cash bond requirement. Plan ahead financially, and make absolutely sure to follow all visa conditions so you can recover your money without issues. Remember to travel through the designated airports and do not overstay your welcome – your wallet will thank you, and so will your future visa prospects. For businesses, students, or tourists from most other countries, this bond program likely won’t affect your U.S. travel plans – but it’s a strong reminder of the increasing emphasis on visa compliance.

Staying informed about changing immigration rules is crucial. Reddy Neumann Brown PC is closely monitoring the rollout of the visa bond pilot and advising clients on its implications. As a firm that specializes in U.S. immigration law, we help individuals and companies understand new requirements like these and ensure you remain in compliance with all visa regulations. If you have questions about how a visa bond might apply to your situation, or need guidance on any U.S. visa matter, feel free to reach out to our team for up-to-date expert advice.

About Reddy Neumann Brown PC: Reddy Neumann Brown PC is a leading immigration law firm based in Houston, Texas, specializing in business and family immigration matters. Founded in 1997, the firm has decades of experience helping businesses secure work visas and permanent residency for their employees, as well as assisting individuals with all facets of U.S. immigration. Our attorneys combine deep legal knowledge with a client-focused approach, providing reliable solutions and up-to-date guidance in a complex and ever-changing immigration landscape.

By: Steven Brown

Steven A. Brown is a Partner at Reddy Neumann Brown PC, where he leads the firm’s Litigation Team, addressing delays and denials of immigration benefits, FOIA requests, and policy and regulatory challenges. Steven is dedicated to delivering practical and effective solutions for clients facing unreasonably delayed or unlawfully withheld immigration benefits, including Employment Authorization Documents (EADs), advance parole, green cards, 221(g) decisions, EB-5 delays, and other immigration-related matters. His litigation efforts were instrumental in Shergill, et al. v. Mayorkas, a landmark case that led to the U.S. government recognizing that under the INA, L-2 and E visa spouses are authorized to work incident to their status, eliminating the need for separate EAD applications. This case has transformed work authorization for thousands of families across the United States.