The U.S. Department of State (USDOS) has published a temporary final rule introducing a 12-month Visa Bond Pilot Program that affects certain foreign nationals applying for B-1 (visitors for business) and B-2 (visitors for pleasure) nonimmigrant visas. The rule, which took effect on August 20, 2025, is designed to improve compliance with visa conditions and deter overstays among visitors from select countries.
On December 17, 2025, the USDOS updated its list of countries subject to visa bond requirements under the Temporary Final Rule Visa Bond Pilot Program, as authorized by the Immigration and Nationality Act Section 221(g)(3), to include seven additional countries: Bhutan, Botswana, Central African Republic, Guinea, Guinea Bissau, Namibia and Turkmenistan with an implementation date of Jan. 1, 2026.
Background and Purpose
Under long-standing authority in Section 221(g)(3) of the Immigration and Nationality Act (INA), consular officers already have the discretion to require foreign nationals to post a financial visa bond to ensure they depart the U.S. before their authorized stay expires. The new temporary final rule formalizes this authority into a pilot program running through Aug. 5, 2026.
The USDOS states the bond requirement will be applied selectively to nationals of countries that meet one or more of these criteria:
- High B-1/B-2 visa overstay rates based on Department of Homeland Security data.
- Countries with insufficient identity screening or vetting procedures. Or
- Nationals from countries offering citizenship by investment without residency requirements.
How the Pilot Program Works
Under the pilot program:
- Certain B-1/B-2 visa applicants identified by the USDOS may be required to pay a refundable bond as a condition of visa issuance. Bonds are set at $5,000, $10,000, or $15,000, depending on the applicant’s individual circumstances and the consular officer’s risk assessment.
- The bond must be paid only after a consular officer directs the applicant to do so; submitting payments prematurely will not guarantee visa issuance.
- The bond is refundable if the visitor complies with visa conditions—including exiting the U.S. before their authorized stay ends or timely extending status where appropriate.
This pilot does not change the substantive eligibility criteria for B-1 or B-2 visas; applicants must still qualify for these visas under existing law. Consular officers retain discretion to decide whether an applicant should be subject to a bond requirement based on risk factors.
Countries Initially Subject to the Rule
When operations began in August 2025, the USDOS identified nations with elevated overstay rates as the first countries subject to the pilot. At launch, Malawi and Zambia were included; as the pilot progresses, additional countries may be added with at least 15 days’ advance notice. Most recently, The Gambia was added to the list of covered countries.
Applicants from Visa Waiver Program (VWP) countries are not affected by the bond requirement, as they enter the U.S. without a visa and thus are outside the scope of this rule.
So, the current list of foreign nationals from their respective countries required to post visa bonds when applying for B-1/B-2 visitor visas, with the implementation dates as follows:
- Bhutan (01/01/2026)
- Botswana (01/01/2026)
- Central African Republic (01/01/2026)
- Guinea (01/01/2026)
- Guinea Bissau (01/01/2026)
- Namibia (01/01/2026)
- Turkmenistan (01/01/2026)
- Mauritania (10/23/2025)
- Sao Tome and Principe (10/23/2025)
- Tanzania (10/23/2025)
- Gambia (10/11/2025)
- Malawi (08/20/2025)
- Zambia (08/20/2025)
Practical Implications for Travelers
For nationals of designated countries, the pilot introduces an additional cost and procedural step to obtain a B-1/B-2 visa. Applicants should plan for:
- Increased upfront financial burden due to the bond amount, which is separate from visa fees.
- Additional processing time to arrange bond posting and to secure refund post-travel.
- The need to preserve documentation proving timely departure to facilitate bond return.
- Potential consular scrutiny of travel plans, financial capacity, and compliance history.
Travelers whose circumstances demonstrate low overstay risk may still be subject to a bond if they fall within the designated nationality categories, as the pilot’s nationality-based scope is a threshold criterion. Conversely, consular discretion may result in no bond where the applicant falls outside the pilot or qualifies for an exemption.
Potential Impacts on Businesses and Families
Companies hosting visitors from designated countries may face planning challenges, including scheduling delays and higher overall trip costs. Employers may consider whether to assist with bond logistics, subject to compliance and reimbursement policies.
The bond could deter short-term travel for cost-sensitive visitors, impacting family reunions, life events, and tourism-dependent itineraries.
For frequent travelers, a clean compliance record during the pilot could support future applications, though the bond requirement remains tied to nationality and program parameters rather than solely individual history.
