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Federal Visa Bond Bill

House Bill 3333, the "Rewarding Employers that Abide by the Law and Guaranteeing Uniform Enforcement to Stop Terrorism Act of 2005" (REAL GUEST Act of 2005), was introduced on July 19.  Sections 214 -216 deal with a Visa Term Compliance Bond.  The following pages 17 - 41 is applicable for PBUS.




(b) State and Local Agencies- No department, agency, commission, other entity, or employee of a State or local government charged with providing or approving applications for public benefits or services funded in whole or in part with Federal funds may accept, recognize, or rely on (or authorize the acceptance or recognition of or reliance on) for the purpose of establishing identity any document except those described in subsection (c).


(c) Documents Described- Documents described in this subsection are limited to--


(1)(A) Valid, unexpired United States passports, immigration documents, and other identity documents issued by a Federal authority.


(B) Individual taxpayer identification numbers issued by the Internal Revenue Service shall not be considered identity documents for purposes of subparagraph (A).


(2) Valid, unexpired identity documents issued by a State or local authority if--


(A) the State or local authority statutorily bars issuance of such identity documents toaliens unlawfully present in the United States; and


(B) the State or local authority requires independent verification of records provided by the applicant in support of the application for such identity documents.


(3) Valid, unexpired foreign passports, if such passports include or are accompanied by proof of lawful presence in the United States.






Section 1 of title IX of the Act of June 15, 1917 (22 U.S.C. 213) is



(1) by inserting `(a)' before `Before a passport';


(2) by adding at the end the following:


`(b) No new or replacement United States passport may be issued to any applicant on or after January 1, 2008, unless--


`(1) the applicant has been fingerprinted electronically; and


`(2) the applicant's fingerprints have been checked against the National Crime Information Center database of the Federal Bureau of Investigation.'.




(a) Definitions- For purposes of this section:


(1) VISA TERM COMPLIANCE BOND- The term `visa term compliance bond' means a written suretyship undertaking entered into by an alien individual seeking admission to the United States on a nonimmigrant visa whose performance is guaranteed by a bail agent.


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(2) SURETYSHIP UNDERTAKING- The term `suretyship undertaking' means a written agreement, executed by a bail agent, which binds all parties to its certain terms and conditions and which provides obligations for the visa applicant while under the bond and penalties for forfeiture to ensure the obligations of the principal under the agreement.


(3) BAIL AGENT- The term `bail agent' means any individual properly licensed, approved, and appointed by power of attorney to execute or countersign bail bonds in connection with judicial proceedings and who receives a premium.


(4) SURETY - The term ` surety ' means an entity, as defined by, and that is in compliance with, sections 9304 through 9308 of title 31, United States Code, that agrees--


(A) to guarantee the performance, where appropriate, of the principal under a visa term compliance bond;


(B) to perform as required in the event of a forfeiture; and


(C) to pay over the principal (penal) sum of the bond for failure to perform.


(5) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.


(b) Issuance of Bond- A consular officer may require an applicant for a nonimmigrant visa, as a condition for granting such application, to obtain a visa term compliance bond.


(c) Validity, Expiration, Renewal, and Cancellation of Bonds-


(1) VALIDITY- A visa term compliance bond undertaking is valid if it --


(A) states the full, correct, and proper name of the alien principal;


(B) states the amount of the bond;


(C) is guaranteed by a surety and countersigned by an attorney-in-fact who is properly appointed;


(D) is an original signed document;


(E) is filed with the Secretary of Homeland Security along with the original application for a visa; and


(F) is not executed by electronic means.


(2) EXPIRATION- A visa term compliance bond undertaking shall expire at the earliest of-




(A) 1 year after the date of issue;


(B) at the expiration, cancellation, or surrender of the visa; or


(C) immediately upon nonpayment of the premium.


Page 18 of 41


(3) RENEWAL- A visa term compliance may be renewed annually with payment of proper premium at the option of the bail agent or surety, but only if there has been no breech of conditions, default, claim, or forfeiture of the bond.


(4) CANCELLATION- A visa term compliance bond shall be canceled and the surety and bail agent exonerated--


(A) for nonrenewal;


(B) if the surety or bail agent provides reasonable evidence that there was misrepresentation or fraud in the application for the bond;


(C) upon termination of the visa;


(D) upon death, incarceration of the principal, or the inability of the surety to produce the principal for medical reasons;


(E) if the principal is detained in any city, State, country, or political subdivision thereof;


(F) if the principal departs from the United States for any reason without permission of the Secretary of Homeland Security and the surety or bail agent; or


(G) if the principal is surrendered by the surety .


(5) EFFECT OF EXPIRATION OR CANCELLATION- When a visa term compliance bond expires without being immediately renewed, or is canceled, the nonimmigrant status of the alien shall be revoked immediately.




(A) SURRENDER- At any time before a breach of any of the conditions of a visa


term compliance bond, the surety or bail agent may surrender the principal, or the principal may surrender, to any United States Immigration and Customs Enforcement or Customs and Border Protection office or facility.


(B) FORFEITURE OF BOND PREMIUM- A principal may be surrendered without the return of any bond premium if the visa holder--


(i) changes address without notifying the surety or bail agent and the Secretary of Homeland Security in writing at least 60 days prior to such change;


(ii) changes schools, jobs, or occupations without written permission of the surety , bail agent, and the Secretary;


(iii) conceals himself or herself;


(iv) fails to report to the Secretary as required at least annually; or


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(v) violates the contract with the bail agent or surety , commits any act that may lead to a breech of the bond, or otherwise violates any other obligation or condition of the visa established by the Secretary.






(A) IN GENERAL- A person desiring to make a surrender of the visa holder--


(i) shall have the right to petition any Federal court for an arrest warrant for the arrest of the visa holder;


(ii) shall forthwith be provided a certified copy of the arrest warrant and the undertaking; and


(iii) shall have the right to pursue, apprehend, detain, and deliver the visa holder, together with the certified copy of the arrest warrant and the undertaking, to any official or facility of the United States Immigration and


Customs Enforcement or of Customs and Border Protection or any detention facility authorized to hold Federal detainees.


(B) EFFECTS OF DELIVERY- Upon delivery of a person under subparagraph(A)




(i) the official to whom the delivery is made shall detain the visa holder in custody and issue a written certificate of surrender; and


(ii) the court issuing the warrant described in subparagraph (A)(i) and the Secretary of Homeland Security shall immediately exonerate the surety and bail agent from any further liability on the bond.


(8) FORM OF BOND- A visa term compliance bond shall in all cases state the following and be secured by a surety :




(i) If a visa holder violates any conditions of the visa or the visa bond the Secretary shall--


(I) order the visa canceled;


(II) immediately obtain a warrant for the visa holder's arrest;


(III) order the bail agent and surety to take the visa holder into custody and surrender the visa holder to the Secretary; and


(IV) mail notice to the bail agent and surety via certified mail return receipt at each of the addresses in the bond.


(ii) A bail agent or surety shall have full and complete access to any and


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all information, electronic or otherwise, in the care, custody, and control of the United States Government or any State or local government or any subsidiary or police agency thereof regarding the visa holder needed to comply with section 213

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1320 N. Semoran Blvd.
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Orlando, FL 32807

Office (202) 783-4120
(800) 883-7287
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Michelle Tremaine
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