The administration of US President Donald Trump is considering the possibility of introducing refundable security deposits of up to 100,000 dollars for certain foreign nationals applying for immigration visas and green cards through US consulates abroad.
The proposal is being developed by the US State Department in conjunction with the Department of Homeland Security. No final decision has yet been taken, and the official rules and 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 indicative figure of $100,000.
It is expected that the requirement will initially be trialled on nationals from a limited number of countries. The deposit could be paid either by the applicant themselves or by relatives or sponsors residing in the US.
According to The Wall Street Journal, the money is to be returned once the immigrant has obtained US citizenship. Naturalisation is usually possible no earlier than five years after obtaining permanent resident status. Consequently, a significant sum may remain frozen for several years.
The State Department has stated that it is reviewing existing powers that allow it to require financial guarantees from certain applicants. The aim of the initiative is to confirm that the prospective immigrant has the means to support themselves and will not become dependent on public assistance.
US law permits the refusal of a visa to a foreign national whom a consular officer considers a potential recipient of public assistance. The assessment takes into account the applicant’s age, state of health, education, professional skills, financial resources and family circumstances.
Current federal regulations already provide for the possibility of issuing an immigration visa following the posting of a bond, provided this eliminates the risk of the applicant being deemed a potential financial burden on the state. Such a bond may be released following naturalisation, permanent departure from the US or the death of the foreign national, provided the conditions have not been breached.
The proposed mechanism should not be confused with the current pilot bond programme for B-1/B-2 tourist and business visas. Under this programme, individual applicants from countries with high rates of visa violations may be required to pay a refundable bond of up to 15,000 dollars.
The introduction of a $100,000 bond could significantly restrict access to family-based immigration for applicants on low and middle incomes. Immigrant visas are most commonly applied for by spouses, parents, children and other relatives of US citizens or permanent residents.
For the time being, this is merely a proposal under consideration. Applicants do not need to pay such a deposit until an official decision has been published and they have received a corresponding request from the US consulate.