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US Immigration Law

US to impose visa bonds of up to $15,000 on select foreign visitors

The United States will soon implement a new immigration policy requiring certain foreign nationals to post a bond of up to $15,000 as part of a 12-month trial program to reduce visa overstays.

A bond is a loan made to a government or firm for a defined period of time. Bonds provide the borrower with external funds to cover long-term investments.

The US State Department stated in a notice on the federal register website that under the program, some applicants for B-1 business and B-2 tourist visas from countries considered high-risk for visa overstays may be required to post $5,000, $10,000, or $15,000 bonds before being granted entry into the US.

According to the State Department, the pilot program is scheduled to begin on August 20 and take effect 15 days after the rule is officially published.

It focusses on applicants from countries recognised in a 2023 Department of Homeland Security (DHS) study as having high overstay rates, poor internal document security, or offering citizenship by investment without a residency requirement.

“Aliens applying for visas as temporary visitors for business or pleasure 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,” the notice reads.

Applicants from countries participating in the visa waiver programme, which permits citizens of 42 predominantly European nations to visit the United States without a visa for up to 90 days, are unaffected.

Consular officials will decide whether a visa applicant must pay the bond as a condition of visa issuance.

The money will be repaid if the individual follows all visa requirements, but it will be forfeited if they overstay.

The policy also requires visa holders who must pay the bond to enter and exit the United States through authorised airports.

The State Department is yet to disclose the list of affected countries or how many people the policy may impact, though it noted the list and criteria may evolve over time.

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