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Presidential Memorandum

Combating High Nonimmigrant Overstay Rates

This presidential memorandum directs the Secretaries of State and Homeland Security and the Attorney General to address high nonimmigrant visa overstay rates, particularly for B-1/B-2 visas from countries with overstay rates exceeding 10 percent. It requires recommendations within 120 days for potential entry suspensions, visa limitations, and admission bonds, plus a 180-day report on Visa Waiver Program compliance efforts.

Federal Register Open PDF 84 FR 19853

Impact dates

  1. DHS summary of Visa Waiver Program overstay reduction efforts due to President

  2. Recommendations to reduce B-1/B-2 overstay rates due to President

  3. Admission bond status report due to President

Key directives

  • Engage with governments of countries with >10% B-1/B-2 overstay rates to identify contributing conditions
  • Provide recommendations within 120 days to reduce B-1/B-2 overstay rates, including potential proclamations suspending/limiting entry, targeted visa suspension, admission duration limits, and additional documentary requirements
  • Immediately begin appropriate actions to reduce overstay rates for all nonimmigrant visa classes
  • Provide within 180 days a summary of DHS efforts to reduce Visa Waiver Program overstays with recommendations
  • Develop admission bond measures and provide status report within 120 days

Who is ordered

Timeline

Immediate

  • Secretary of State to engage with high-overstay countries
  • Secretaries of State and Homeland Security to begin immediate actions to reduce overstay rates for all nonimmigrant visa classes
  • Development of admission bond measures to begin

Near term (90d)

  • Recommendations to reduce B-1/B-2 overstay rates due within 120 days (by August 20, 2019)
  • Admission bond status report due within 120 days (by August 20, 2019)

Long term

  • DHS summary of Visa Waiver Program overstay reduction efforts due within 180 days (by October 19, 2019)

Risks & tensions

  • Potential diplomatic friction with targeted countries; 'unacceptably high' framing signals confrontational posture
  • Recommendation to use INA 212(f) authority suggests possible travel ban-style restrictions, though actual implementation contingent on further presidential action
  • Admission bonds could create financial barriers to legitimate travel
  • Tension between border security goals and economic benefits of legitimate nonimmigrant entry
  • Vague 'all appropriate actions' language in Sec. 2(c) grants broad discretion without specific metrics
Presidential Memorandum: Combating High Nonimmigrant Overstay Rates · Executive Orders