--- kind: "section" citation: "22 C.F.R. § 41.11" title: "22" number: "41.11" heading: "Entitlement to nonimmigrant status." url: "https://uscodex.org/cfr/22/41.11" --- # §41.11. Entitlement to nonimmigrant status. - (a) **Presumption of immigrant status and burden of proof.** An applicant for a nonimmigrant visa, other than an alien applying for a visa under INA 101(a)(15) (H)(i) or (L), shall be presumed to be an immigrant until the consular officer is satisfied that the alien is entitled to a nonimmigrant status described in INA 101(a)(15) or otherwise established by law or treaty. The burden of proof is upon the applicant to establish entitlement for nonimmigrant status and the type of nonimmigrant visa for which application is made. - (b) **Aliens unable to establish nonimmigrant status.** - (1) A nonimmigrant visa shall not be issued to an alien who has failed to overcome the presumption of immigrant status established by INA 214(b). - (2) In a borderline case in which an alien appears to be otherwise entitled to receive a visa under INA 101(a)(15)(B) or (F) but the consular officer concludes that the maintenance of the alien's status or the departure of the alien from the United States as required is not fully assured, a visa may nevertheless be issued upon the posting of a bond with the Secretary of Homeland Security under terms and conditions prescribed by the consular officer. - (c) **Visa Bond Program—** - (1) **Summary.** This [paragraph (c)](#c) establishes a program (Visa Bond Program) implementing INA [§ 221(g)(3)](/cfr/22/221.md?p=g-3). Under the Visa Bond Program, consular officers will require a Bond to be posted via the Visa Bond Program payment platform as a condition of visa issuance, for nationals of certain countries. - (2) **Visa Bond Program Parameters.** Under the program, consular officers will require Visa Bonds to be posted by visa applicants who are applying for visas as temporary visitors for business or pleasure (B-1/B-2) who are nationals of countries with high overstay rates, deficient information sharing, insufficient identity verification and criminal records, and/or that need improvement in the area of screening and vetting and the security of travel and civil documents, including in the granting of citizenship. Countries deemed to meet these criteria are identified on the Department's website at http://www.travel.state.gov. Additional countries may be identified on this website no less than 15 days prior to the initiation of the program for that country, and countries may be modified on a rolling basis. Consular officers will set the Visa Bond amount at $10,000, $15,000, or $20,000, based on a consular officer's assessment of which amount is sufficient to ensure the alien will maintain the status under which he or she was admitted or any status subsequently acquired under [Section 248](/cfr/22/248.md) of the INA and will not remain in the United States beyond the end of the alien's authorized period of stay. Visas issued under the Visa Bond Program will be valid for a single entry or multiple entries to the United States within three or up to 12 months of the date of visa issuance. - (3) **Bond Waiver Authority.** The Assistant Secretary for Consular Affairs, or his or her designate, may waive the bond requirement, for an alien, country, or a category of aliens, if the Assistant Secretary, or designate, assesses that such a waiver is not contrary to the national interest. A waiver of the bond requirement may be recommended to the Assistant Secretary for Consular Affairs by a consular officer where the consular officer has reason to believe the waiver would advance a national or humanitarian interest. There will be no procedure for visa applicants to apply for a waiver of the bond requirement. Consular officers will determine whether a waiver would advance a significant national or humanitarian interest based on the applicant's purpose of travel and employment, as described in the visa application and during the visa interview. - (4) **Bond Procedures.** A Visa Bond required under [paragraph (c)](#c) of this section must be posted after notification from a consular officer of the visa bond requirement. Upon the posting of such bond, the Department will receive notification that the bond has been posted. Under this Visa Bond Program, Visa Bonds will be administered by the Department, the Department of the Treasury, and DHS in accordance with regulations, procedures, and instructions promulgated by DHS for immigration bonds. - (i) **Visa Bond Cancellation.** A Visa Bond will be canceled when the associated visa expires or is canceled, if the visa holder is not in the United States, or the visa holder departs the United States after visa expiry, so long as the visa holder substantially performs with respect to the terms and conditions of the Visa Bond as set forth in the appropriate DHS form and under [paragraph (c)](#c) of this section. To comply with the bond requirements, aliens must enter and depart the United States through commercial airports of entry—entry through CBP Preclearance locations is also permitted. Aliens who timely file a request for extension of stay or change of status and whose request for extension of stay or change of status is granted are not deemed to be in breach of bond as long as the alien complies with all the conditions of each specific nonimmigrant status which s/he is accorded while classified in such status. Such conditions include not accepting unauthorized employment and departing from the United States on or before the extended date (if any) to which s/he is authorized to remain in the United States. - (ii) **Visa Bond Breach.** A Visa Bond is breached when there has been a substantial violation of any of the terms and conditions of the bond for which the nonimmigrant visa has been issued, including any terms that may be set forth in the appropriate DHS forms and regulations. The following actions are considered to be violations under this paragraph: - (A) Remaining in the United States after expiration of the temporary period of admission; - (B) Filing an untimely request for a change of status; - (C) Not departing the United States within 10 days after denial of a timely and properly filed request for extension of stay or change of status; - (D) Filing an untimely request for an extension of stay of nonimmigrant status; or - (E) Filing for asylum or any other form of humanitarian protection that is submitted on Form I-589, Application for Asylum and for Withholding of Removal. - (5) **Appeal of Bond Breach Determination.** A determination of a bond breach may be appealed in accordance with instructions provided by DHS. - (6) **Effect on other law.** Nothing in this paragraph shall be construed as altering or affecting any other authority, process, or regulation provided by or established under any other provision of federal law. ## Notes ### Amendments [52 FR 42597, Nov. 5, 1987, as amended at 61 FR 1835, Jan. 24, 1996; 85 FR 74882, Nov. 24, 2020; 90 FR 37386, Aug. 5, 2025; 90 FR 38610, Aug. 11, 2025; 91 FR 48766, Aug. 3, 2026] ### Authority Authority: 8 U.S.C. 1101; 1102; 1103, 1104; 1182; 1184; 1185 note (Section 7209 of Pub. L. 108-458, as amended by Section 546 of Pub. L. 109-295); 1201; 1258; 1323; 1361; 2651a. ### Source Source: 52 FR 42597, Nov. 5, 1987, unless otherwise noted. ### Amendments [52 FR 42597, Nov. 5, 1987, as amended at 61 FR 1835, Jan. 24, 1996; 85 FR 74882, Nov. 24, 2020; 90 FR 37386, Aug. 5, 2025; 90 FR 38610, Aug. 11, 2025; 91 FR 48766, Aug. 3, 2026]