Bond Requirement for Nonimmigrant Visas?

Here is a breaking news story (and here).  The State Department tomorrow will propose a rule requiring some business and tourist visa applicants to post a bond to enter the United States.  According to a notice set for publication tomorrow, the department plans a 12‑month pilot program targeting applicants from countries with high visa overstay rates and problems with internal document security. 

According to the summary of the proposed rule,

“the Department of State (the Department) announces the commencement of a 12-month long visa bond pilot program.  Aliens applying for visas as temporary visitors for business or pleasure (B-1/B-2) and who are nationals of countries identified by the Department as having high visa overstay rates, where screening and vetting information is deemed deficient, or offering Citizenship by Investment, if the alien obtained citizenship with no residency requirement, may be subject to the pilot program. Consular officers may require covered nonimmigrant visa applicants to post a bond of up to $15,000 as a condition of visa issuance, as determined by the consular officers. “

Under the rule, applicants could be required to post bonds of up to $15,000 when applying for a visa.  “Consular officers may require covered nonimmigrant visa applicants to post a bond of up to $15,000 as a condition of visa issuance, as determined by the consular officers.”  (bold added).  Consular officers thus would have bond discretion as well as discretion over whether to grant the visa.

KJ