(a) Presumption of immigrant status and burden of proof. An applicant for a nonimmigrant visa, other than an alien applying for a visa under INA 101(a)(15) (H)(i) or (L), shall be presumed to be an immigrant until the consular officer is satisfied that the alien is entitled to a nonimmigrant status described in INA 101(a)(15) or otherwise established by law or treaty. The burden of proof is upon the applicant to establish entitlement for nonimmigrant status and the type of nonimmigrant visa for which application is made.

(b) Aliens unable to establish nonimmigrant status. (1) A nonimmigrant visa shall not be issued to an alien who has failed to overcome the presumption of immigrant status established by INA 214(b).

(2) In a borderline case in which an alien appears to be otherwise entitled to receive a visa under INA 101(a)(15)(B) or (F) but the consular officer concludes that the maintenance of the alien's status or the departure of the alien from the United States as required is not fully assured, a visa may nevertheless be issued upon the posting of a bond with the Secretary of Homeland Security under terms and conditions prescribed by the consular officer.

(c) Visa Bond Pilot Program—(1) Summary. This paragraph (c) establishes a pilot program (Visa Bond Pilot Program) beginning August 20, 2025 and ending August 5, 2026, implementing INA section 221(g)(3). Under the Visa Bond Pilot Program, consular officers will require a Maintenance of Status and Departure Bond (Visa Bond) to be posted via www.Pay.Gov and accepted by the Department of State, and with the Department of the Treasury accepting all monies to be deposited in a Treasury-held Department of Homeland Security account for the Department of Homeland Security, as a condition of visa issuance, for certain visa applicants.

(2) Visa Bond Pilot Program parameters. Under the Visa Bond Pilot Program, consular officers will require Visa Bonds to be posted by visa applicants who are applying for visas as temporary visitors for business or pleasure (B-1/B-2) and are nationals of a country that the Department identifies as:

(i) Having high visa overstay rates;

(ii) Deficient in its vetting and screening and vetting information; or

(iii) Offering Citizenship by Investment, if the alien obtained citizenship with no residency requirement. Countries deemed to meet these criteria will be identified on the Department's website at www.travel.state.gov no less than 15 days prior to the initiation of the pilot program, and countries may be modified on a rolling basis.

(3) Bond amount and visa validity. Consular officers will set the Visa Bond amount at $5,000, $10,000, or $15,000, based on a consular officer's assessment of which amount is sufficient to ensure the alien will maintain the status under which he or she was admitted or any status subsequently acquired under section 248 of the INA and will not remain in the United States beyond the end of the alien's authorized period of stay. Visas issued under the Visa Bond Pilot Program will be valid for a single entry to the United States within three months of the date of visa issuance.

(4) Bond waiver authority. The Deputy Assistant Secretary for Visa Services may waive the bond requirement, for an alien, country, or a category of aliens, if the Deputy Assistant Secretary assesses that such a waiver is not contrary to the national interest. A waiver of the bond requirement may be recommended to the Deputy Assistant Secretary for Visa Services by a consular officer where the consular officer has reason to believe the waiver would advance a national interest or humanitarian interest. There will be no procedure for visa applicants to apply for a waiver of the bond requirement. Consular officers will determine whether a waiver would advance a significant national interest or humanitarian interest based on the applicant's purpose of travel and employment, as described in the visa application and during the visa interview.

(5) Bond procedures. A Visa Bond required under this paragraph (c) must be submitted via Treasury's www.Pay.Gov interface within 30 days of notification of the bond requirement by the consular officer and will be approved by the Department of State. Upon the posting of such bond, State will receive automatic notification that the bond has been posted in a Treasury-held Department of Homeland Security account and will notify the appropriate consular section overseas.

(i) Under this Visa Bond Pilot Program, Visa Bonds will be administered by the Department of the Treasury, the Department of State, and the Department of Homeland Security in accordance with regulations, procedures, and instructions promulgated by DHS applicable to Form I-352, Immigration Bond.

(ii) A Visa Bond will be canceled when a visa holder substantially performs with respect to the terms and conditions of the Visa Bond as set forth in Form I-352. Conversely, a Visa Bond will be breached when there has been a substantial violation of the terms and conditions set forth in Form I-352. To demonstrate that they complied with the bond requirements, aliens may, for example, depart the United States through pre-selected ports of entry, or schedule an appointment at a consular section outside the United States within 30 days of his or her departure from the United States and, after establishing his or her identity through personal appearance and presentation of a passport, provide information to a consular officer confirming he or she departed the United States on or before the expiration of their authorized period of stay.

(A) Upon doing so, visa holders will have substantially performed the bond requirements, provided the visa holder complied with the conditions of his or her status during his or her period of authorized stay in the United States.

(B) Aliens who do not appear at a consular section still may ensure cancellation of the bond if he or she substantially complies with the terms and conditions of the Visa Bond as set forth in Form I-352.

(C) Aliens who timely file an application for extension of status which is granted are not deemed to be in breach of bond, and the bond will be canceled at the conclusion of his or her authorized period of stay.

(6) Appeal of bond breach determination. A determination of a bond breach may be appealed in accordance with instructions provided by DHS.

(7) Effect on other law. Nothing in this paragraph (c) shall be construed as altering or affecting any other authority, process, or regulation provided by or established under any other provision of Federal law.