The Department of State (DOS) has expanded the visa bond pilot program under Section 221(g)(3) of the Immigration and Nationality Act (INA) to include The Gambia, effective Oct. 11, 2025. This follows the recent designation of Zambia and Malawi on Aug. 20, 2025. Nationals of these three countries who are otherwise eligible for a B-1/B-2 visitor visa will now be required to post a visa bond of $5,000, $10,000, or $15,000 as a condition of visa issuance.

Background and Implementation

In GT’s earlier blog on Zambia, we noted that the DOS’ pilot program was grounded in country-specific B-1/B-2 overstay rates published in the Department of Homeland Security (DHS)’s FY 2024 Overstay Report. The program is being expanded to additional countries, and we may see further designations in the coming months. Other countries with relatively high B-1/B-2 overstay rates in FY2024 are Nigeria, Yemen, Eritrea, and Chad.

Applicants subject to the bond requirement must submit Form I-352, Immigration Bond, and make payment through the U.S. Department of the Treasury’s Pay.gov platform, only after being instructed by a consular officer. Importantly, payment of the bond does not guarantee visa issuance, and funds paid outside the official system will not be refunded.

Travel Restrictions and Compliance

As a condition of the bond, visa holders must enter and exit the United States only through designated ports of entry, currently:

  • Boston Logan International Airport (BOS)
  • John F. Kennedy International Airport (JFK)
  • Washington Dulles International Airport (IAD)

Refunds and Forfeiture

The full bond amount is automatically refunded if the traveler follows all terms of their visa and departs on or before the authorized date. Refunds will also be issued if

  • The traveler does not use the visa before it expires; or
  • The traveler is denied admission at a U.S. port of entry.

Refunds are processed through the Pay.gov system once DHS cancels the bond. However, if the traveler overstays, remains beyond their authorized period, or attempts to adjust status in the United States (including asylum filings), DHS will refer the case to USCIS to determine if a breach occurred. In such cases, the bond may be forfeited

Employer Takeaways

The expansion of the visa bond pilot program to The Gambia, in addition to Zambia and Malawi, underscores the DOS’ continuing focus on using overstay rates to shape visitor visa policy. While the initiative does not directly affect employment-based visa categories, employers with business travelers from these countries may anticipate higher costs, limited travel flexibility, and additional planning requirements.

As noted in our prior Zambia analysis, organizations may wish to counsel affected employees in advance, ensure that bond payments are made only through official U.S. government systems, and plan itineraries around the designated ports of entry. Employers should also monitor developments closely, as the DOS may expand this program to more countries in the near future.

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Photo of Ian Macdonald Ian Macdonald

Ian R. Macdonald Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital

Ian R. Macdonald Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital domestically and internationally, including secondment agreements, benefits transferability, local host country employment concerns and immigration.

Ian and his team work closely with companies to manage and modify, where needed, corporate immigration programs to maximize efficiency, service and regulatory compliance levels. He is experienced with the full range of business immigration sponsorship categories (visas and permanent residence), anti-discrimination rules to reduce or eliminate risk of employment litigation, employer sanction cases, and I-9 and E-Verify compliance. Ian assists clients with establishing risk-based performance standards (RBPS) and Department of Homeland Security protocol, providing risk assessment assistance to corporations subject to Chemical Facility Anti-Terrorism Standards (CFATS) and assisting clients with ITAR/Export Control compliance within the immigration context.

Ian has developed strategic relationships abroad that he utilizes when working with clients to ensure compliance with foreign registration requirements. He is experienced with analyzing complex global mobility opportunities on country-specific matters to facilitate the transfer of personnel. Ian is also experienced in counseling employers on immigration strategy as well as immigration consequences of mergers and acquisitions, reduction in workforces, and furloughs.

Prior to joining the firm, Ian worked for the United Nations, various non-governmental think tanks and corporate law firms in London, Washington, D.C., New York and Atlanta.