Trump Administration Considers $100,000 Bond for Green-Card Applicants/ Newslooks/ WASHINGTON/ J. Mansour/ The Trump administration is considering requiring certain green-card applicants to post a refundable bond of up to $100,000. The proposal would apply to some applicants considered likely to become dependent on public benefits, according to the State Department. No final policy has been announced, and the bond would be separate from existing immigrant visa and green-card application fees.
Quick Look
- The State Department is evaluating a $100,000 bond for certain green-card applicants.
- The proposal has not been finalized or implemented.
- It would target some applicants considered likely to become a “public charge.”
- Applicants or their US-based relatives could provide the money.
- The government would return the bond later if its conditions were satisfied.
- Officials say the policy would allow applicants to demonstrate financial self-sufficiency.
- The State Department is developing the proposal with the Department of Homeland Security.
- Existing law permits bonds in some public-charge visa cases.
- Current green-card costs vary based on the applicant’s category and whether the application is filed inside or outside the country.
- The administration previously attempted to impose a $100,000 H-1B application fee.
- A federal judge blocked that fee after finding that the administration exceeded its authority.
- Visa applicants from Malawi and Zambia have faced bonds of up to $15,000 since August.
- The administration says similar requirements have reduced visa overstays but also resulted in fewer visa approvals.
Deep Look
Administration Considers $100,000 Immigration Bond
The State Department is evaluating the six-figure requirement as a way for some prospective immigrants to demonstrate that they have sufficient resources to support themselves without relying on public benefits.
The proposal remains under consideration. It has not been adopted as a final policy, and officials have not announced an implementation date.
Proposal Could Target Public-Charge Applicants
State Department spokesperson Tommy Pigott said the administration wants immigrants to be “financially self-sufficient” and “contribute to our society more than they take from it.”
The contemplated bond would not necessarily apply to every green-card applicant.
Pigott indicated that it could be required for certain people who would otherwise be considered ineligible for a visa because officials believe they are likely to become a public charge.
“We are working closely with the Department of Homeland Security to introduce commonsense and effective procedures to enforce U.S. laws, restore the integrity of our immigration system, and protect American public benefits programs from the financial burden of foreigners who arrive with major expensive medical or other needs,” Pigott said in a statement to The Hill.
State Department Cites Existing Legal Authority
The administration says the Immigration and Nationality Act provides longstanding authority to require bonds in certain immigration cases.
“As part of this comprehensive initiative, the Department is exploring the use of a long-standing legal authority under the Immigration and Nationality Act (INA) to require certain visa applicants — those who are otherwise ineligible for a visa because they are likely become a public charge — to post a bond as a way to demonstrate they have access to the funds needed to support themselves,” Pigott added.
Federal regulations allow a consular officer, under specified conditions, to issue a visa to an applicant facing a public-charge determination after DHS receives an appropriate bond and the officer concludes that it addresses the concern. Federal public-charge regulation
Bond Would Be Refundable Under Certain Conditions
Under the potential policy, the government would collect the bond from applicants or their relatives in the United States.
The money would be returned later if the applicant complied with the program’s conditions.
Officials have not explained how long the government would hold the money, what events would result in forfeiture or whether the maximum $100,000 amount would be applied uniformly.
It is also unclear what financial protections would be available to families while the federal government held the funds.
Pigott said an expanded program would give “applicants who have the resources to pay their own way another option to demonstrate their self-sufficiency and qualify for a U.S. visa.”
Bond Would Differ From Application Fee
The proposed $100,000 requirement would be a bond rather than a standard filing fee.
A filing fee is paid to process an application and ordinarily is not returned. A bond is held by the government and may be refunded if the person satisfies specified conditions.
Green-card application costs currently depend on the applicant’s immigration category and whether the person applies from inside or outside the United States. USCIS advises applicants to use its current fee schedule or calculator because charges vary by form and filing circumstances. USCIS filing-fee guidance
The article reports that applicants filing Form I-485 from within the United States generally pay $1,440, with possible additional charges for employment authorization or travel documents.
People applying from abroad generally pay a $325 DS-260 immigrant visa application fee and a separate $235 USCIS immigrant fee after approval to process the visa packet and produce the permanent resident card.
A $100,000 bond would therefore represent a substantial financial barrier, even if it were ultimately refundable.
Previous $100,000 H-1B Fee Blocked
The administration previously attempted to impose a $100,000 fee on H-1B visa applications.
A federal judge struck down the measure, concluding that the executive branch had exceeded its authority and intruded on Congress’s role in setting immigration policy and federal charges.
H-1B visas allow employers to hire foreign professionals for specialized positions, particularly in technology and other highly skilled fields.
They are typically issued for an initial three-year period and do not automatically provide lawful permanent residence.
That earlier legal defeat suggests the new bond proposal could face court challenges, although the administration is presenting it under a different statutory framework.
Administration Expands Immigration Restrictions
The proposal comes as Trump and Republican lawmakers intensify efforts to restrict both illegal and legal immigration.
The administration has pursued mass deportations and supported legislation aimed at limiting “birth tourism,” the practice of traveling to another country intending to give birth there.
Six-figure financial requirements could also make immigration unavailable to applicants who meet other eligibility requirements but lack access to substantial savings.
Supporters may argue that a refundable bond protects public programs. Critics are likely to contend that it would make permanent residence dependent on wealth and disadvantage lower-income families.
Visa Bonds Tested With African Countries
Since August, certain visa applicants from Malawi and Zambia have reportedly been required to post bonds of up to $15,000.
The money can be forfeited if a visa holder remains in the United States beyond the authorized period or applies for a different immigration status after arrival, including asylum.
Approximately 50 other African countries have been asked to participate in the policy.
Administration officials have said the program resulted in 97% of covered visa holders leaving before their authorized stay expired.
State Department officials also reported that fewer visas were granted after the bond requirement was introduced.
Key Details Remain Unresolved
The State Department has not announced which green-card categories or countries might be covered by the proposed policy.
Officials have also not specified:
- How the government would calculate each applicant’s bond.
- Whether $100,000 would be the standard amount or a maximum.
- How long the funds would be held.
- Which events would trigger forfeiture.
- Whether applicants could use commercial bond providers.
- When the program might begin.
Until the administration publishes a formal rule or official guidance, green-card applicants are not subject to a newly announced universal $100,000 payment requirement.
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