On Tuesday, the U.S. State Department published a list of countries whose citizens will be required to pay a visa bond of up to $15,000 for a U.S. visitor visa. Initially, this rule will apply to citizens of Malawi and Zambia, effective August 20, 2025.
The Temporary Final Rule (TFR), published in today’s Federal Register, establishes a 12-month pilot program set to run until August 5, 2026. The program targets nationals of countries with high visa overstay rates, as identified in the Department of Homeland Security’s FY 2023 Overstay Report. The State Department noted that this list may be amended within the 12-month period.
The program aims to deter visa overstays by imposing financial bonds as a condition for visa issuance, specifically for countries with elevated overstay rates, insufficient vetting processes, or citizenship programs lacking residency requirements.
Under the new rule, consular officers may require nonimmigrant visa applicants from Malawi and Zambia to post a bond of $5,000, $10,000, or $15,000, with the amount determined at the consular officer’s discretion during the visa interview based on the applicant’s individual circumstances. The bond must be paid through the U.S. Treasury’s Pay.gov platform, accompanied by a Department of Homeland Security Form I-352, which outlines the bond’s terms.
The Department of State has warned that payments must only be made after explicit instructions from a consular officer, and funds paid through third-party websites will not be refunded. Importantly, posting a bond does not guarantee visa issuance, and unauthorized payments will not be returned.
Visa holders subject to the bond requirement will receive a three-month, single-entry B1/B2 visa, with U.S. Customs and Border Protection (CBP) officers retaining the authority to limit the authorized stay to 30 days upon entry. Additionally, these visa holders must enter and depart the U.S. through designated ports of entry: Boston Logan International Airport (BOS), John F. Kennedy International Airport (JFK), or Washington Dulles International Airport (IAD).
Failure to comply with these entry and departure requirements may result in denial of entry or improper registration of departure, jeopardizing bond compliance. The bond amount will be fully refunded if the visa holder complies with all visa terms, including departing the U.S. on or before their authorized stay period, not traveling to the U.S. before the visa expires, or being denied entry at a U.S. port of entry.
However, if a visa holder violates any terms, such as overstaying their authorized period or applying for a change in immigration status (including asylum), the bond will be considered breached, and the full amount will be forfeited.
The Department of State has clarified that no interest will accrue on the bond amount. The Department of Homeland Security (DHS) is responsible for determining bond breaches, with cases of suspected non-compliance referred to U.S. Citizenship and Immigration Services (USCIS) for review.
Nepal is not currently included in this program. According to DHS data, during the first three years of the Biden administration, 3,143 Nepali nationals overstayed their visitor visas. In FY 2023, Nepal’s total overstay rate was 4.19%, with a suspected in-country overstay rate of 3.60%. Out of 24,723 expected departures, 1,036 individuals overstayed, including 890 suspected in-country overstays and 146 out-of-country overstays.
In FY 2022, Nepal’s overstay rate was significantly higher at 12.31%, with 1,809 overstays (1,601 in-country, 208 out-of-country) out of 14,699 expected departures. In FY 2021, the rate was 8.5%, with 298 overstays from 3,507 expected departures. Historical data shows fluctuations in Nepal’s overstay rates.
In 2020, amidst COVID-19 disruptions, 1,261 Nepalis overstayed, with a total overstay rate of 4.55%. In 2019, the rate was 3.38% (916 overstays), and in 2018, it was 4.36% (1,185 overstays). Earlier years showed varied trends, with a high of 5.4% in 2016 (946 overstays) and a low of 2.33% in 2017 (564 overstays). Recent years indicate a gradual decline in Nepal’s overstay rates.
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.
