The U.S. State Department confirmed on Tuesday that it will implement a new policy requiring visitors from specific countries to post a financial guarantee, known as a visa bond. The new rule, which initially targets citizens of Zambia and Malawi, is aimed at travelers from nations with high rates of visa overstays. The policy does not apply to visitors from Mexico, Canada, or the more than 40 countries participating in the U.S. Visa Waiver Program.
What is a visa bond?
A visa bond is a financial deposit that some countries require from foreign nationals applying for temporary visas. The purpose is to ensure that visa holders comply with the terms of their visa, particularly the authorized length of their stay. Each year, the U.S. issues thousands of temporary visas to foreign students, tourists, and workers. An individual is considered to have a “visa overstay” if they remain in the country longer than their approved period of admission.
While most countries require applicants to provide proof of funds for a visa, they generally don’t use a refundable bond system. New Zealand previously had a visa bond policy, though it is no longer in effect. The United Kingdom also attempted and later abandoned a similar plan in 2013 that would have required a bond from visitors from certain “high-risk” countries.
How much are the bonds?
The proposed U.S. bonds will be set at three tiers: $5,000, $10,000, and $15,000. The State Department estimates that approximately 2,000 visa applicants will need to post these bonds during the initial program, with an average bond amount of $10,000. This would result in an estimated total of $20,000,000 in initial costs for applicants.
Consular officers will have the authority to determine the bond amount based on an applicant’s “personal circumstances,” including their reason for travel, employment, income, skills, and education. The department noted that waivers may be granted in limited situations, such as for U.S. government employees or those with urgent humanitarian needs.
Has this been tried before?
The Trump administration’s State Department attempted a visa bond program in 2020. However, it was not fully implemented due to the significant decrease in global travel during the COVID-19 pandemic. Historically, State Department guidance had discouraged consular officers from using visa bonds, citing the process as “cumbersome” and a potential source of public misunderstanding. The department now argues that this view is not supported by recent evidence, as the 2020 pilot program did not produce any substantive data.
Which countries would be affected?
As of August 20, nationals of Malawi and Zambia applying for B-1 and B-2 business and tourist visas will be required to post a bond of up to $15,000. Additional countries may be added to the program based on high visa overstay rates, where screening information is considered deficient, or if they offer “Citizenship by Investment” programs. These are programs that sell citizenship to noncitizens who invest in the country’s economy without requiring them to be residents. Some countries with these programs include Antigua & Barbuda, Austria, Jordan, St. Lucia, and Turkiye.
A Department of Homeland Security report from fiscal year 2023 found that numerous countries in Africa, along with Haiti, Laos, Myanmar, and Yemen, had the highest overstay rates for people on B-1 and B-2 visas.
What percentage of migrants in the country illegally are visa overstays?
According to a report by the Migration Policy Institute, visa overstayers are estimated to account for a significant portion of the unauthorized migrant population in the U.S. In 2002, the former Immigration and Naturalization Service (INS) concluded that around 41 percent of unauthorized migrants were visa overstayers. After reanalyzing the data, the INS revised that figure to 33 percent in 2003. More recently, the Center for Migration Studies, a nonpartisan think tank, found in 2014 that roughly 42 percent of the country’s unauthorized population were overstayers. A senior demographer from the Pew Research Center, Jeffrey Passel, noted that identifying and tracking visa overstays remains a challenge, particularly as the methods and origins of border crossers have changed over time.
