VERIFIED NEWS · VISA POLICY

State Department begins using public-charge bonds for select immigrant visa applicants

The August 5 announcement describes an active pilot procedure—not a proposed rule—and says only applicants selected by a consular officer will be asked to pursue a bond.

Editorial visa-policy illustration; it does not depict a specific applicant, consulate or bond decision.

What changed

The State Department says it has implemented a procedure under which consular officers may require certain immigrant visa applicants to apply to USCIS for a public-charge bond. The Department describes the procedure as a pilot and says it is being used for select applications.

The announcement concerns applicants found inadmissible under the public-charge provision in section 212(a)(4) of the Immigration and Nationality Act. According to the Department, a bond is an additional possible way for an applicant to address that refusal. It does not replace the applicant’s ability to submit evidence intended to show that the person is not likely to become a public charge.

Who may be affected

The announcement does not invite all immigrant visa applicants to apply for a bond. It says a consular officer will notify an applicant when a bond is required. That makes the immediate scope narrower than a general requirement for every immigrant visa case.

If USCIS approves the bond and the applicant is otherwise eligible, the State Department says a consular officer may issue the immigrant visa that had been refused on public-charge grounds. Approval of a bond therefore does not, by itself, establish eligibility for a visa.

What the notice does not establish

The Department does not announce a universal bond amount. Its notice says the consular officer sets the amount under 8 C.F.R. § 213.1(b), based on the totality of the circumstances in the individual case. It also says the pilot does not affect currently valid visas.

The notice is an agency announcement about an operating procedure. It is not labeled as a proposed rule or final rule, and it provides no separate future effective date. Readers should not treat it as a deadline notice or assume they should submit a bond application without being instructed by a consular officer.

Primary records

Corrections: We publish material corrections transparently and update the verification date. No corrections have been made to this article.