The Department of State has issued a Temporary Final Rule (TFR) to start a 12-month visa bond pilot program. The program will run until August 5, 2026.
Under the new rule, consular officers can require nonimmigrant visa applicants from certain countries to post a bond of up to $15,000 as a condition of their visa issuance. This applies to individuals applying for B-1/B-2 visas (for temporary business or pleasure) who are nationals of countries with high visa overstay rates, deficient screening and vetting, or those offering Citizenship by Investment (CBI) programs without residency requirements. The Department will publish the list of covered countries on Travel.State.Gov at least 15 days before the program’s effective date and may amend the list throughout the pilot.
The TFR, a response to Executive Order 14159 , is intended to assess the operational feasibility of a visa bond system in coordination with the Department of the Treasury and the Department of Homeland Security (DHS). The document notes that hundreds of thousands of nonimmigrant visitors fail to depart the U.S. in accordance with the terms of their visas. The Department views visa overstays and deficient screening as a “clear national security threat”.
The bond amounts are set at three levels: $5,000, $10,000, or $15,000. Consular officers will have the discretion to set the amount based on an applicant’s individual circumstances. The funds will be posted via the Treasury-hosted Pay.Gov website using Form I-352, Immigration Bond, and deposited into a Treasury-held DHS account. The bond will be canceled if the visa holder complies with the terms of their status and departs on time. However, if the visa holder violates any condition of their status or overstays, the bond will be considered breached, and the deposit will be forfeited. The TFR clarifies that there will be no interest accrued on the bond money.
The pilot program is limited to B-1/B-2 visa applicants because their authorized period of stay is typically shorter, allowing for data collection within the 12-month timeframe of the program. Visas issued under this program will be annotated to reflect the bond requirement. These visas will be valid for a single entry within three months of issuance, and a CBP officer may limit the period of admission to 30 days.
The Department expects the program to be limited, assuming bonds will be required for 2,000 visa applicants. Based on an average bond amount of $10,000, the total initial cost to these applicants is estimated to be $20,000,000. If all nonimmigrants comply, the bond amount will be fully refunded.
Nepalis Overstaying U.S. Visitor Visas
According to the Entry/Exit Overstay Report from U.S. Customs and Border Protection (CBP), a total of 3,143 Nepalis overstayed their visitor visas in the United States during the first three years of the Biden administration.
In fiscal year 2023, the total overstay rate was 4.19%, with a suspected in-country overstay rate of 3.60%, according to the Department of Homeland Security (DHS). Out of 24,723 expected departures in 2023, 1,036 overstayed, with 890 classified as suspected in-country overstays and 146 as out-of-country overstays.
In fiscal year 2022, the total overstay rate was 12.31%, with a suspected in-country overstay rate of 10.89%. Out of 14,699 expected departures, 1,809 overstayed, including 1,601 in-country overstays and 208 out-of-country overstays. In 2021, the total overstay rate was 8.5%, with 298 overstays out of 3,507 expected departures. Of these, 146 were in-country overstays, and 152 were out-of-country overstays.
Over the years, overstay rates for Nepalis have fluctuated but show a steady decline in recent years. Despite the disruptions caused by the COVID-19 pandemic in 2020, 1,261 Nepalis overstayed that year, with a total overstay rate of 4.55%. Of 27,712 expected departures, 717 were in-country overstays, and 544 were out-of-country overstays.
In 2019, the total overstay rate was 3.38%, with 916 overstays out of 27,096 expected departures. Similarly, the total overstay rate in 2018 was 4.36%, with 1,185 overstays, including 970 in-country and 215 out-of-country overstays.
Pre-Biden administration data highlights higher overstay rates in certain years, such as 2016, when the rate reached 5.4%, with 946 overstays out of 18,775 expected departures. By contrast, 2017 saw a relatively low overstay rate of 2.33%, with 564 overstays out of 24,240 expected departures.
CBP clarifies that it identifies two types of overstays: individuals for whom no departure was recorded (Suspected In-Country Overstays) and those whose departure was recorded after their authorized period of admission expired (Out-of-Country Overstays).
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
