By Richard T. Herman, Esq., Herman Legal Group — “The Law Firm for Immigrants”
AT-A-GLANCE (Essential Info)
- Who’s affected (as of Oct. 23, 2025): Mauritania, São Tomé and Príncipe, Tanzania, The Gambia, Malawi, Zambia. Eligibility is determined by the country of passport issued. Implementation dates vary (see table). See the U.S. Department of State’s page on Countries Subject to Visa Bonds.
- Bond required: $5,000 / $10,000 / $15,000, set by the consular officer at the B1/B2 visa interview. The required bond amount will be 5,000 10,000 or 15,000 dollars, depending on the case. See the same State Dept link.
- Form & payment: DHS Form I-352 (Immigration Bond) + Pay.gov link provided only after a consular officer directs submission. Applicants must not use third-party websites. Third party website payments are not authorized; only Pay.gov should be used for bond payments. See the I-352 form instructions from ICE: Form I-352 PDF.
- Ports of entry you must use: Boston Logan (BOS) refers to Boston Logan International Airport, New York–JFK (JFK) refers to Kennedy International Airport, and Washington Dulles (IAD) refers to Washington Dulles International Airport. Failure to use these may lead to denial of entry or unrecorded departure. See the State Dept link above.
- Legal authority: INA § 221(g)(3) and the Temporary Final Rule (“TFR”) establishing the pilot program; country selection is based on DHS’s FY 2024 Entry/Exit Overstay Report. See Federal Register TFR notice and DHS’s FY 2024 Overstay Report.
- Program duration: The Visa Bond Pilot Program is set to begin on August 20, 2025, and will last until August 5, 2026.
“Need to Know” — Countries & Start Dates
| Country | Bond Start |
|---|---|
| Mauritania | Oct 23, 2025 |
| São Tomé & Príncipe | Oct 23, 2025 |
| Tanzania | Oct 23, 2025 |
| The Gambia | Oct 11, 2025 |
| Malawi | Aug 20, 2025 |
| Zambia | Aug 20, 2025 |
(Source: State Dept. countries list)
- Nationals from Malawi and Zambia are the first countries required to post a bond for B-1/B-2 visa applications. Sao Tome and Principe is also among the countries identified for the visa bond pilot program.
- The list of countries identified for the visa bond pilot program may be updated to include additional countries based on high visa overstay rates, screening deficiencies, or other criteria.
- These are countries identified by the Department of State and DHS due to high visa overstay rates and related concerns.

“Key Insight” — Why These Countries?
The Department of State selected these countries because of elevated B1/B2 overstay rates as reported by DHS in the FY 2024 Entry/Exit Overstay Report. Certain countries with high visa overstay rates or those deemed deficient in screening and identity verification are specifically targeted for the program. High visa overstay and visa overstay rates are key factors in the selection process, as these metrics help identify countries subject to additional scrutiny, such as visa bonds or travel restrictions. The legal framework is provided by INA § 221(g)(3) and the TFR governing the pilot.
“Fast Fact” — Bond Amounts, Form, Payment
- Amounts: $5,000 / $10,000 / $15,000 (bond ranging set by consular officer at visa interview; B2 visa must post a bond if required by the consular officer).
- Form: DHS/ICE Form I-352 (Immigration Bond).
- Payment channel: Pay.gov (Treasury). You will receive a direct link after consular instruction — paying without instruction may lead to loss of funds. The money paid as a bond is held by the U.S. Treasury until compliance is confirmed.
- Reference: See the I-352 form PDF from ICE and the State Dept announcement.
- Visa validity: B-1/B-2 visas issued under the Visa Bond Pilot Program will be valid for a single entry within three months of issuance.
“Important Note” — Designated Ports of Entry (Must Use)
- Boston Logan (BOS)
- New York JFK (JFK)
- Washington Dulles (IAD) (For clarity: BOS refers to Logan International Airport BOS, JFK refers to Kennedy International Airport JFK, and IAD refers to Dulles International Airport IAD.)
Using any other port risks denial of entry or an improperly recorded departure.
Compliance & Automatic Refunds — When Do You Get the Bond Back?
Your full bond will be cancelled and refunded automatically if any of the following occurs:
- The visa holder departs the United States through a designated port within the authorized period; in this case, the money returned automatically as part of visa bond compliance. or
- You never travel to the United States before the visa expires; or
- You apply for admission at a U.S. port of entry and are denied. See State Dept link for details.
- The full visa bond amount will be returned if the applicant follows all terms of their nonimmigrant visa status and the visa bond during their admission period, ensuring visa bond compliance.
What Triggers a “Breach” (and Forfeiture Risk)?
The DHS/USCIS review can be triggered if you:
- Depart after your authorized stay;
- Remain in the U.S. after authorized stay;
- Are denied admission at the port of entry (being denied admission can also result in bond cancellation);
- Fail to depart through a designated port or otherwise violate the terms of your visa bond, which may result in a bond breach or visa bond breach;
- Seek to adjust from the nonimmigrant status (including claiming asylum, which may also be considered a breach) while here under the bonded visa.
Such actions can lead to forfeiture of the bond. Cases of potential visa bond breaches or bond breaches will be referred to U.S. Citizenship and Immigration Services for determination. If the applicant complies with all requirements, the bond is not forfeited.
“Expert Tip” — How to Prepare Before the Interview
- Overstay history: Make sure you have documentation of any prior U.S. visits and exits. Overstay risk is a key driver of this program. Note that some countries offering citizenship by investment programs may not have a residency requirement, which can affect eligibility and scrutiny during the visa process.
- Financial readiness: If you’re from one of the listed countries and otherwise eligible for the visa, plan for the possibility of a $5k–$15k bond. The application process for tourist visas from affected countries may involve additional steps, such as posting a bond, which can add complexity and time to your visa application.
- Bond logistics: Familiarize yourself with Form I-352 and the payment process at Pay.gov. Avoid paying any “agent” or third-party site.
- Routing/travel planning: Build your travel route so your U.S. entry and exit both go through BOS, JFK or IAD. If you are flying out of (or into) Cleveland (CLE) or Columbus (CMH), plan to connect through one of the designated ports.
“At a Glance” — The Legal Backbone
- Authority: INA § 221(g)(3) – allows consular officers to require bonds for certain B/F visa applicants under regulation. The State Department and Homeland Security jointly oversee the visa bond program.
- Pilot program law: TFR published in the Federal Register — sets out the bond requirement for B1/B2 visas from specified countries.
- Overstay data: DHS FY 2024 Entry/Exit Overstay Report informs country selection.
- Form & payment: The required Homeland Security form is DHS Form I-352, submitted via ICE, with payment through the Treasury Pay.gov site.
Process Map (Step-by-Step)
- Attend the NIV interview (B-1/B-2). Consular officer determines eligibility and whether a bond is required; only visa holders who are identified nationals or national traveling from listed countries are subject to the bond requirement. The officer sets the amount (5k/10k/15k).
- If required, you receive instruction to submit Form I-352 and pay via Pay.gov.
- You pay the bond; funds are held as a “Maintenance of Status and Departure” bond under the pilot.
- Visa issuance follows (subject to eligibility). Paying the bond does not guarantee issuance.
- Visa holders must comply with all requirements, including maintaining legal status and departing on time, to ensure refund. Travel to the U.S. via one of the designated ports (BOS/JFK/IAD). Maintain legal status and depart on time to trigger automatic cancellation/refund of the bond.
Comparison: Standard B-1/B-2 vs. B-1/B-2 with Visa Bond
| Feature | Standard B-1/B-2 Visa | B-1/B-2 Visa with Bond (Pilot) |
|---|---|---|
| Bond requirement | None | Yes – $5k/$10k/$15k |
| Form required | DS-160 only | DS-160 plus I-352 after instruction |
| Payment channel | Standard visa fees | Additional bond payment via Pay.gov |
| Ports of entry allowed | Any U.S. port | Only BOS, JFK, IAD |
| Refund path | Not applicable | Automatic refund upon compliance |
| Breach risk | Standard visa risk | Additional risk of bond forfeiture if conditions breached |
Ohio Traveler Note (Cleveland & Columbus)
If you’re coming to Ohio (Cleveland or Columbus or Cincinnati) and subject to this program:
- Book your flights so that your U.S. arrival or final leg is via BOS, JFK or IAD — even if you ultimately land in CLE or CMH.
- Keep all boarding passes, itinerary records, I-94 records from CBP.
- Ensure your departure is similarly routed through a designated port.
Failing to do so may jeopardize refund of the bond.
Risks & Pitfalls (What We’re Seeing)
- Paying prematurely: If you pay the bond without a consular officer’s direction, you may lose your funds.
- Using the wrong airport: Arriving or departing at a non-designated port may lead to compliance failure, loss of refund, or even being denied entry to the United States.
- Trying to adjust status too soon: Filing for adjustment (or asylum) while on the bonded B-1/B-2 may trigger breach review and bond forfeiture.
Resources (Embedded Links)
- Countries Subject to Visa Bonds – State Dept — overview of the program, countries, ports, refund/breach rules.
- Visa Bond Pilot Program – Federal Register — full text of the TFR and legal basis.
- DHS FY 2024 Entry/Exit Overstay Report — data used in selection of countries.
- Form I-352 (Immigration Bond) – ICE — bond form and instructions.
Law Firms Experienced with Bonded NIV/Complex Consular Matters
(National focus; special attention to Ohio: Cleveland & Columbus)
- Herman Legal Group – Cleveland headquartered, active in Columbus. Extensive experience with consular processing, U.S. travel compliance, complex NIV/IV strategy. Book a consultation here.
- Fragomen – Global firm, experienced with complex NIV/IV programs and consular coordination.
- BAL – Berry Appleman & Leiden – High-volume corporate NIV work; strong consular strategy competence.
- Siskind Susser – Known for NIV/IV strategy, consular advocacy, publications.
- Murthy Law Firm – Broad NIV/IV practice, consular/travel risk counseling.
- Klasko Immigration Law Partners – Focus on complex NIV/IV, cross-border issues and strategy.
- Kurzban Kurzban Tetzeli & Prupis – Litigation/consular nuance, niche NIV/IV matters.
- Ohio-focus firms:
- Margaret W. Wong & Associates (Cleveland)
- Robert Brown LLC (Cleveland/Columbus)
- Shihab & Associates (Columbus)
- Sintsirmas & Mueller (Cleveland)
“Key Insight” — How Consular Officers Decide the Bond
Consular officers use their discretion under INA § 221(g)(3) to require a Maintenance of Status & Departure bond for B-1/B-2 applicants from specified countries. The amount reflects risk factors (e.g., past overstay, travel history, country data). When setting the bond, consular officers also consider visa bond terms, including compliance obligations, required payments, and refund conditions as outlined by the regulatory framework. The TFR sets this as a pilot program limited to the listed countries. (See Federal Register link above.)
Quick Q&A
Does paying the bond guarantee I will get the visa?
No. Paying the bond does not guarantee visa issuance — you must still meet all eligibility criteria and the consular officer must approve the visa.
Can I arrive via any U.S. airport if I have Global Entry?
No. Under the bond program you must arrive and depart through BOS, JFK, or IAD. Global Entry participation alone does not change the requirement.
If I leave before the authorized date, do I automatically get refunded the bond?
Yes — if you depart on or before your authorized stay and otherwise comply, the bond is cancelled and refunded automatically. Keep travel records.
“Need to Know” — Practical Checklist
- Confirm whether your country is on the list and the implementation date.
- If yes, prepare for the possibility of a $5k–$15k bond.
- Ensure you receive official instruction to submit Form I-352 and pay via Pay.gov.
- Plan your travel route so that final entry and exit are via BOS, JFK or IAD (even if connecting through Ohio).
- Save all evidence of travel (boarding passes, I-94 records, stamp data).
- If your plans include adjustment of status or other changes in the U.S., discuss with counsel before acting — compliance with bond terms is critical.
References (Clickable)
- Countries Subject to Visa Bonds – State Dept
- Visa Bond Pilot Program – Federal Register
- DHS FY 2024 Entry/Exit Overstay Report
- Form I-352 (Immigration Bond) – ICE
Final Word (from Richard T. Herman)

The visa-bond pilot adds significant cost, routing restrictions, and compliance requirements to what can otherwise be routine B-1/B-2 travel. If you or a family member are from one of the listed countries, you need to plan early: understand the bond mechanics, map your travel via Boston/New York/Washington, budget for the bond, and document your departure.
The Visa Bond Pilot Program is primarily designed to study the operational feasibility of implementing visa bonds.
At the Herman Legal Group, we assist clients nationwide — and especially in Ohio (Cleveland & Columbus) — with these consular/travel-risk matters. Schedule a consultation today.






