OPINION-US VISA | IMMIGRATION CORNER: $15,000 deposit for visitor visa?

The US State Department recently announced a pilot program that would require B1/B2 visitor visa applicants from certain countries (with high overstay rates) to post a “Maintenance of Status and Departure Bond” of up to $15,000 as a condition of visa issuance. While the list of countries has not yet been published, be aware that the Philippines has high overstay rates. That’s one reason why the Philippines is not on the visa waiver program.

According to initial reports, consular officers have the discretion to require the bond. There could be no bond, or a bond in the amount of $5000, $10,000, or up to $15,000 at the consular officer’s discretion. If the consular officer is inclined to issue the visitor visa but is concerned about whether the person will timely depart the US, the person would have to post the bond via pay.gov, which would be held by the Department of Treasury and would be returned to the visa applicant after proof of timely compliance with the terms of the visa and timely departure from the US.

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Those subject to this departure bond will be issued a single-entry visa with a three-month validity period, and they would be admitted by Customs and Border Protection (CBP) for a maximum period of 30 days. These visa holders can only enter/depart the US through Boston Logan, JFK, or Washington Dulles airports at the present time.

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This departure bond will be canceled and the money returned if one of the following occurs:

• The applicant has not worked in the US without authorization AND departs the US before their I-94 expires;

• The applicant timely files an extension/change of status, complies with that new status, AND departs before the extended I-94 expires.

• The applicant’s visa is ultimately DENIED after the bond was posted; or

• The applicant is denied entry by CBP, which means they went airport to airport.

The bond will be forfeited, and the person loses that money if:

• it is discovered they violated their status, such as working on a visitor visa;

• files an untimely change/extension of status;

• remains in the US beyond their I-94; or

• timely files a change/extension of status, which is denied, but they fail to leave the US within 10 days.

Obviously, it will be far more difficult for people from countries on this list to obtain a visitor visa, especially if they have to post a $15,000 bond. But if a consul is that concerned about a person returning to their home country, it is likely the visa would be refused under section 214(b), which is that the applicant failed to demonstrate an intent to return to their home country or they lack sufficient ties to their home country. But still, you may want to start saving up your $15,000 for this new visitor visa deposit.

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