The administration of U.S. President Donald Trump is considering the possibility of introducing refundable security deposits of up to $100,000 for certain foreign nationals applying for immigrant visas and green cards through U.S. consulates abroad.
The proposal is being developed by the U.S. Department of State in collaboration with the Department of Homeland Security. A final decision has not yet been made, and official regulations and a list of applicant categories have not been published. The amount of the bond under discussion may be determined on a case-by-case basis and could be either lower or higher than the estimated $100,000.
It is expected that the requirement will initially be tested on citizens of a limited number of countries. The bond could be posted either by the applicant themselves or by relatives or sponsors residing in the U.S.
According to The Wall Street Journal, the money is planned to be returned after the immigrant obtains U.S. citizenship. Naturalization is typically possible no earlier than five years after obtaining permanent resident status. Thus, a significant amount of money may remain frozen for several years.
The State Department stated that it is reviewing existing authorities that allow it to require financial guarantees from certain applicants. The stated goal of the initiative is to confirm that a prospective immigrant has the means to support themselves and will not become dependent on public assistance.
U.S. law allows for the denial of a visa to a foreign national whom a consular officer deems a potential recipient of public assistance. The assessment takes into account the applicant’s age, health, education, professional skills, financial resources, and family status.
Current federal regulations already provide for the possibility of issuing an immigrant visa after a bond is posted, provided that it eliminates the risk of the applicant being deemed a potential financial burden on the government. Such a bond may be released after naturalization, permanent departure from the United States, or the foreign national’s death, provided the conditions have not been violated.
The proposed mechanism should not be confused with the existing pilot bond program for B-1/B-2 tourist and business visas. Under this program, certain applicants from countries with high rates of visa violations may be required to post a refundable bond of up to $15,000.
The introduction of a $100,000 bond could significantly limit access to family-based immigration for applicants with low to moderate incomes. Immigrant visas are most commonly issued to spouses, parents, children, and other relatives of U.S. citizens or permanent residents.
For now, this is only a proposed initiative. Applicants are not required to post such a bond until an official decision is published and they receive a corresponding request from a U.S. consulate.
