New visa bond requirement for certain visitors to the U.S.

Traveling to the US as a visitor for business or pleasure may soon become a rich man’s privilege.

Starting 20 August, the US State Department will implement a 12-month pilot program under which travelers from certain countries would be required to post a bond as part of the visitor visa application process.

The amount of the proposed bond — called the Maintenance of Status and Departure Bond — may be set at $5,000, $10,000 or $15,000, subject to the consul’s discretion, taking into account the visa applicant’s unique personal and financial circumstances.

That is equivalent to roughly P290,000, P580,000, or P870,000 in Philippine currency.

While not all applicants from all countries will be subjected to the bond requirement, the State Department will publish a list of affected countries from time to time under the following inclusionary criteria: (a) countries whose nationals have high “overstay” rates in the US; (b) countries with lackluster screening and vetting mechanisms; and (c) countries that offer citizenship via investment with no residency requirement.

As of 6 August, only Zambia and Malawi were on the list. Whether or not the Philippines will be included in the future is anyone’s guess. However, the fact that there are a multitude of overstaying Filipinos in the US could work against the Philippines, although the existence of a strategic geopolitical alliance between the two countries could work out positively.

Still, the fact that the Trump administration was willing to levy an increased 19-percent tariff on the Philippines despite being a defense treaty partner, which was higher than imposed on other US-aligned countries in Asia, could negate any presumption of goodwill arising from the two countries’ special relationship.

Digressively, it doesn’t help that the Philippines continues to tolerate a controversial retiree visa program and a scandalous delayed birth registration policy, both of which are afflicted with bureaucratic grease money maladies and bribery syndromes through which any foreigner, including shady characters from China, can easily become Filipino citizens without undergoing intensive security vetting.

These factors alone can raise a red flag vis-à-vis the probability of the Philippines being included based on the listed criteria.

In contrast, countries that are currently eligible for the tourist visa waiver program (mostly European countries) are exempted from the new policy.

Once the pilot program gets going, visitor visa applicants from the affected countries will have to go through the regular visa application process. If the application is found to be approvable on its face, the US consul will issue a conditional notice of denial with instructions to post a bond using ICE Form I-352. The bond can be paid via the US www.Pay.Gov interface.

Once proof of payment is presented within 30 days of the visa interview, and upon further confirmation that the applicant is continuously eligible for the visa, a single-entry visa with a 90-day validity period shall be issued.

Upon arriving in the US, Customs and Border Protection (CBP) is mandated to limit the visitor’s admission to a maximum of 30 days.

As part of the bond conditions, only certain American airports can be used as entry/exit points by the visitor.

The bond will be returned after the submission of evidence showing that no overstaying or violation of any kind has occurred.