New visa program could impact business travel

Certain foreign nationals visiting the US to participate in business-related activities, such as attending business meetings or training, may soon be required to post bonds as high as $15,000 and jump through other hoops as well.

The Department of State on August 20 will launch a 12-month pilot program in response to an executive order issued earlier this year by President Trump directing the agency to use bonds to administer the Immigration and Nationality Act.

The program requires B-1 visitors from countries that have high rates of overstaying their visas to post a bond of $5,000 to $15,000, with the exact amount determined by the consular officer. It also requires them to submit a form agreeing to the terms of the bond, to enter the US through one of three airports (in Boston, New York City and Washington, D.C.) and to limit their stays to 30 days (rather than the six months limit for other B-1 visitors).

Currently, the program is limited to nationals from Malawi and Zambia. However, the Department of State may add more countries throughout the pilot, with 15 days’ notice. Any additional countries will be posted on travel.state.gov.

Employers with foreign business travelers “should consider beginning to develop contingency plans, both for current affected relationships and potential future expansion of the program,” said Ian R. Macdonald, a shareholder in the Atlanta office of Greenberg Traurig. “The combination of financial requirements, logistical restrictions, and administrative complexity may create new challenges that employers must navigate carefully,” he added.