The State Department is weighing a new $100,000 refundable bond requirement for certain green card applicants processing their cases at U.S. embassies and consulates abroad, according to reporting first published by the Wall Street Journal on July 15, 2026, and confirmed on the record by a State Department spokesperson. No rule has been published in the Federal Register and no bond is currently required — but the proposal signals where the administration may be headed next after a federal judge struck down its $100,000 H-1B fee in June.
What’s Being Proposed
State Department spokesperson Tommy Pigott confirmed the agency is evaluating a bond requirement for certain immigrant visa applicants, framing it as a way to ensure new green card holders are “financially self-sufficient” and “contribute to our society more than they take from it.” Key details reported so far:
- Amount: Up to $100,000, though officials have not confirmed a final figure or whether it would vary by applicant.
- Who it would apply to: Certain immigrant visa applicants processing cases at U.S. consulates abroad
— not adjustment of status applicants already in the United States. Reporting suggests it may start as a pilot targeting specific countries or applicant categories
rather than a blanket requirement.
- Refundable, eventually: Unlike the blocked H-1B fee, this bond is described as refundable
— but likely only after the immigrant naturalizes as a U.S. citizen, a process that typically takes at least five years after receiving a green card.
- Legal basis cited: The administration points to INA Section 213, which allows DHS discretion to admit an applicant who is otherwise inadmissible on public charge grounds “upon the giving of a suitable and proper bond.” This authority has existed for decades but has rarely been used since the 1996 IIRIRA reforms shifted public charge screening toward the Form I-864 Affidavit of Support.
Why This Isn’t Entirely New
The public charge bond mechanism already exists in a narrow form. USCIS accepts Form I-945 bonds — with a minimum of $8,100 — from green card applicants who are otherwise inadmissible only on public charge grounds. What’s different about the reported proposal is the scale ($100,000 vs. an $8,100 minimum), the potential scope (applied broadly rather than case-by-case), and the venue (consular processing abroad rather than USCIS adjustment of status).
The administration has also already piloted a lower-dollar version: since August 2025, certain visa applicants from Malawi and Zambia have been asked to post a $15,000 bond forfeited if they overstay or switch status after arrival, with roughly fifty African countries asked to comply with related terms.
What Could Stop It
The comparison to the $100,000 H-1B fee is doing a lot of work in the current coverage, and for good reason: that fee was blocked in June 2026 by a federal judge who ruled the administration exceeded its statutory authority and effectively tried to impose a tax that only Congress can levy. Immigration attorneys quoted in early coverage expect a similar legal challenge if a green card bond rule is formally proposed, particularly around whether INA 213’s “suitable and proper bond” language can support a categorical six-figure requirement rather than individualized public charge determinations.
As of this writing, there is no published rule, no effective date, and no confirmed applicant categories. This is a policy under evaluation, not a current filing requirement.
What Applicants Should Do Right Now
Nothing changes today. If you are currently in consular processing or preparing an immigrant visa application, continue under existing requirements — including the Form I-864 Affidavit of Support process, which remains the primary public charge mechanism. We’ll update this post and publish a full breakdown if the State Department issues a formal proposed rule or Federal Register notice.
Sources: Wall Street Journal reporting (July 15, 2026); State Department on-record statements; INA Section 213; USCIS Policy Manual, Volume 8, Part G, Chapters 10–11 (Public Charge Bonds).
