United States | Public charge bond pilot program launched for certain IV cases

Today, the State Department (DOS) announced a pilot program allowing consular officers to require certain U.S. immigrant visa (IV) applicants to apply for a public charge bond through U.S. Citizenship and Immigration Services as a means of overcoming a public charge denial issued due to the perceived likelihood of the IV applicant becoming financially dependent on the U.S. government.

Key takeaways:

Pilot program is additional method to prove admissibility. Currently, IV applicants can overcome a public charge denial through a showing of sufficient evidence that demonstrates they will not likely become a public charge after admission to the U.S. The DOS’ pilot program is an additional method allowing “select” IV applicants to apply for a public charge bond to overcome a public charge denial.

Consular officers can issue IVs under approved bonds. If the bond is approved and the applicant is otherwise eligible, an IV previously denied under the Immigration and Nationality Act Section 212(a)(4) may be issued by the consular officer.

Limited application at this stage. DOS has indicated that the process is currently being used only for “select” applications. Applicants required to post a public charge bond will be notified directly by a consular officer. Applicants cannot initiate the process on their own accord.

Bond amounts are determined case by case. Pursuant to federal regulations, consular officers will establish bond amounts based on a “totality of the circumstances” assessment of each IV applicant’s case.

No impact on valid visas. DOS has confirmed that the pilot program does not affect any currently valid visas.

Additional information: The announcement follows the DOS pause effective Jan. 21, 2026, of all IV issuance to nationals of 75 countries. When the pause was announced, DOS said they were “undergoing a full review of all policies, regulations and guidance to ensure that immigrants from these high-risk countries do not utilize welfare in the United States or become a public charge.”

In addition, the Department of Homeland Security recently published a final rule rescinding the 2022 public charge regulation, which will take effect on Sept. 18, 2026.

More background information on the public charge bond and the application process can be found on the USCIS website.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2026 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.