The U.S. State Department is reviewing a proposal that would require foreign nationals applying for immigrant visas at overseas consulates to post a public‑charge bond of up to US $100,000. The bond would be posted as a condition of visa issuance and would be refundable after a set period, provided the immigrant does not rely on certain public benefits.
Legal basis
- Section 213 of the Immigration and Nationality Act (INA) allows the government to admit an applicant who fails the public‑charge test if the applicant posts a bond that “holds the United States harmless.”
- 8 CFR 213.1(b) authorizes USCIS to accept such a bond before visa issuance when a consular officer requests it. The regulation sets a minimum bond of US $1,000 but imposes no statutory ceiling, so a six‑figure amount is permissible under current law.
- The Foreign Affairs Manual (Volume 9, 302.8) advises officers to use the bond “sparingly” and only in borderline cases, noting that a bond is ineffective when the applicant’s likely need for assistance would exceed the amount posted.
What the bond does and does not cover
- The bond does not guarantee that the immigrant will avoid public assistance; the applicant remains subject to the affidavit of support and income‑eligibility requirements.
- Consular officers must consult the Office of the Legal Adviser before imposing a bond, and the sponsor files Form I‑945 with DHS.
- The bond is not a substitute for the public‑charge determination; it merely provides a financial guarantee.
Refund conditions
- Under Section 213, the bond terminates when the immigrant dies, departs permanently, or naturalizes.
- 8 CFR 103.6(c)(1) adds a fourth exit: USCIS may cancel the bond five years after admission if the immigrant (1) files Form I‑356 and (2) has not received cash assistance for income maintenance nor long‑term institutional care at government expense.
- If Form I‑356 is never filed, the bond remains in force indefinitely.
Recent regulatory changes (July 2024)
- A rule effective July 20, 2024—the same rule that rescinded the 2022 public‑charge regulation—tightened the circumstances under which a bond can be cancelled.
- Receipt of any means‑tested public benefit now breaches a public‑charge bond, expanding the scope beyond cash assistance and long‑term institutionalization.
- The rule also removed the provision that allowed USCIS to cancel a bond at any time if the immigrant was no longer likely to become a public charge, making the five‑year review the primary cancellation mechanism.
Administration’s rationale
State Department spokesperson Tommy Pigott framed the proposal as a way to protect U.S. taxpayers while giving financially capable applicants an additional path to demonstrate self‑sufficiency. He emphasized that immigrants should “contribute to our society more than they take from it.” The Department is coordinating with DHS on procedures targeting applicants who would otherwise be denied on public‑charge grounds. Bond amounts could vary above or below US $100,000 based on individual circumstances, and officials are considering a pilot in a limited number of countries.
Litigation risk
- Immigration attorney Charles Kuck warned that applying a bond based solely on nationality rather than an individualized public‑charge finding would likely be challenged in court.
- Former DHS official Adam Klein questioned whether Congress intended Section 213 to be used in this way, noting that immigrant‑visa applicants already satisfy sponsorship and inadmissibility reviews.
- A recent U.S. District Court decision (June 8, 2024) vacated the administration’s US $100,000 H‑1B fee, though the order was stayed pending appeal. While the H‑1B fee case hinged on tax authority, the bond proposal rests on a different statutory ground, which may affect how courts view its legality.
Non‑immigrant precedent
Since August 2025, the State Department has run a departure‑bond program for temporary B‑1/B‑2 visa applicants under Section 221(g)(3). Bonds of US $5,000, $10,000, or $15,000 are required for nationals of countries deemed high‑risk for overstay, poor vetting, or citizenship‑by‑investment (CBI) programs. The list has expanded to about 50 countries, including Antigua and Barbuda, Cabo Verde, Dominica, Grenada, Mauritius, São Tomé and Príncipe, Seychelles, Tonga, and Vanuatu. The temporary rule expires August 5, 2026, and a permanent rule is pending.
Impact on investor visas
- EB‑5 investors must invest US $800,000 in a targeted employment area or US $1.05 million elsewhere and prove lawful source of funds.
- Gold Card applicants pay US $1 million plus a US $15,000 processing fee. Neither category typically triggers a public‑charge finding.
- A May 2024 USCIS memo shifted many EB‑5 applicants toward consular processing, placing them under the jurisdiction of consular officers who could impose the new bond.
- Thus, while the bond does not affect eligibility, it could become a procedural hurdle for investor‑visa applicants processed abroad.
Summary of key points
- The State Department is evaluating a public‑charge bond up to US $100,000 for immigrant‑visa applicants at consulates.
- Authority derives from INA §213 and 8 CFR 213.1(b); no statutory ceiling exists.
- Bonds are refundable after five years if the immigrant files Form I‑356 and avoids public cash assistance or long‑term institutional care.
- Recent rule changes broaden the definition of “public benefit” that can trigger bond forfeiture and remove discretionary cancellation powers.
- Legal challenges are expected, especially if bonds are applied based on nationality rather than individualized assessments.
- A parallel non‑immigrant bond program already exists for certain temporary visas, indicating the administration’s broader use of financial guarantees.
- Investor‑visa categories (EB‑5, Gold Card) are not automatically subject to public‑charge findings, but consular processing could expose applicants to the bond requirement.
Source article: www.imidaily.com
