The United States is launching a pilot program that could require some inbound travelers to pay bonds of up to $15,000 to enter.
The 12-month program is aimed, in part, at visitors from countries with historically high visa overstay rates, according to an unpublished temporary final rule posted in the Federal Register on Tuesday.
It’s the latest move by the Trump administration to tighten immigration laws in the U.S., following a travel ban on nationals from 12 countries in June and a $250 “visa integrity fee” announcement in July.
Here’s what we know about the bond program, based on the Federal Register notice:
Who will have to pay?
The program applies to leisure and business travelers who need B-1 or B-2 visas to enter the U.S., and who are coming from countries:
- that have high visa overstay rates,
- where screening and vetting information is deemed insufficient, or
- that offer Citizenship by Investment without a residency requirement.
Which countries are these?
The U.S. Department of State is set to announce the list of countries as early as today.
Overstay rates will be based on the Department of Homeland Security’s 2023 Entry/Exit Overstay Report. This report, published on Aug. 5, 2024, shows countries with high overstay rates include Chad (50%), Laos (35%) and Haiti (31%).
However, countries with the most total overstays, by number, are Mexico (approximately 49,000), Brazil (21,000), Colombia (41,000), Haiti (27,000), Venezuela (22,000) and Dominican Republic (20,000).
How many people will have to pay?
Not many.
The Department of State said it expects around 2,000 people will post visa bonds during the pilot program, given the number of people who are qualified to obtain U.S. visas and “uncertainty” surrounding the number of people who can pay it.
How much are the bonds?
There are three levels of bonds: $5,000, $10,000 and $15,000.
Bond amounts are at the discretion of consular officers, subject to guidelines. The amounts will be based on travelers’ “personal circumstances,” including their reason for traveling, employment, income, skills and education.
Travelers who are required to pay a visa bond must enter and depart the U.S. through specific ports of entry, which will be announced at a later date.
Why a pilot program instead of a blanket rule?
The purpose of the 12-month pilot is at least two-fold, according to the U.S. State Department.
It is primarily aimed at accessing the feasibility of processing and discharging bonds, which the government has previously deemed to be “cumbersome.” But it will also help ascertain whether bonds compel visitors to comply with their visa terms.
The government’s notice, however, also states that the pilot program is a “tool of diplomacy” intended to spur foreign governments to reduce overstay rates of their nationals and improve their travel screening and vetting processes.
Notably, the pilot program provides more details than the blanket $250 “visa integrity fee” announced in July, including when it will start, how it will be implemented, and processes to post and refund bonds amounts.
How many U.S. visitors overstay their visa terms?
Only 1%-2% of nonimmigrant visitors overstayed their visas each year from 2016 to 2022, according to the U.S. Congressional Research Service.
However, 42% of the estimated 11 million people who live in the U.S. without authorization entered on valid visas, but then never left, data shows.
In 2019, the Department of Homeland Security estimated that more than 320,000 people overstayed their visas, though this includes travelers who eventually left the country, according to the State Department’s visa bond notice.
— CNBC’s Kaela Ling contributed to this story.
