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Trump Administration Publishes Final Rule in Federal Register Introducing New 6 Month Visa Bond Pilot Program for B-1/B-2 Visa Applicants

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In the few months remaining within the Trump presidency, the Trump administration continues to move legal guidelines and laws that make it harder for immigrants and nonimmigrants to enter the United States.

Most lately, the administration has focused the B-1/B-2 momentary enterprise person visiting/vacationer visa program.

On November 24, 2020, the U.S. Department of State revealed a short lived remaining rule within the Federal Register entitled, “Visas: Visa Bond Pilot Program.”


What is that this rule about?

The final rule requires the creation of a short lived 6-month visa bond pilot program that authorizes Consular officers at U.S. Embassies and Consulates worldwide to mandate a bond of $5,000, $10,000, or $15,000 for sure B-1/B-2 visa candidates to ensure that them to obtain visas and journey to the United States.

If a consular official finds {that a} bond is acceptable, the quantity of the bond will probably be decided by her or him primarily based on the circumstances of the visa applicant.

According to the rule, “the Pilot Program is designed to apply to nationals of specified countries with high overstay rates to serve as a diplomatic tool to encourage foreign governments to take all appropriate actions to ensure their nationals timely depart the United States after making temporary visits.”


When does the ultimate rule go into impact?

The remaining rule turns into efficient December 24, 2020 for a interval of 6 months (via June 24, 2021).


Who will probably be impacted?

According to the ultimate rule, visa candidates probably topic to the Pilot Program embrace aliens who’re applying for visas as momentary guests for enterprise or pleasure (B-1/B-2); are from nations with excessive visa overstay charges; and are already accepted by DHS for an inadmissibility waiver.

Aliens touring under the Visa Waiver Program fall outdoors the scope of the Pilot Program, since a visa utility just isn’t required for his or her entry to the United States.


Nationals from Countries with High Visa Overstay Rates are Vulnerable

The Pilot Program targets nationals from sure nations which have been recognized within the DHS FY 2019 Overstay Report as having overstay charges of ten p.c or greater amongst these admitted to the United States for enterprise or pleasure (B-1/B-2).

Such nationals embrace these from: Afghanistan, Angola, Bhutan, Burkina Faso, Burma, Burundi, Cabo Verde, Chad, Democratic Republic of the Congo (Kinshasa), Djibouti, Eritrea, the Gambia, Guinea-Bissau, Iran, Laos, Liberia, Libya, Mauritania, Papua New Guinea, Sao Tome and Principe, Sudan, Syria, and Yemen.

In passing this visa bond pilot program, the Trump administration is sending a transparent message to those nationals discouraging them from applying and creating new challenges that aren’t licensed by any legislative physique.


What is the seemingly affect of this new rule?

We count on that few (if any) candidates will probably be impacted by this new rule, provided that the Trump administration purposely selected to incorporate solely a restricted variety of nationals in this system. In addition, when the Biden administration makes its transition to the White House on January 20, 2021, it’ll seemingly discontinue this system altogether.

As an added observe, nearly all of Consulates and Embassies have suspended routine visa providers till additional discover, that means that appointments are already extraordinarily restricted for visa candidates throughout the board.

The Law Offices of Jacob J. Sapochnick will proceed to keep track of the enforcement of this new rule and supply updates as new data turns into out there.


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