E-bonding for Immigration Integrity Act of 2018

Summary: E-bonding for Immigration Integrity Act of 2018 This bill requires an alien who is in one of the following nonimmigrant categories to post a bond prior to being issued a U.S. entry visa: (1) an alien who is from a country with a visa overstay rate greater than 1.5%; or (2) a B-visa tourist or business entrant, an F-visa foreign student, an H-visa temporary nonagricultural worker, or a K-visa fiance/fiancee.  The Department of Homeland Security (DHS) shall: (1) establish a $2,500-$10,000 bond amount, which shall be reviewed annually, for each visa category based upon overstay risk; and (2) identify nonimmigrant visa category overstay rates, including categories with overstay rates greater than 1.5%. The bill establishes the E-bond Enforcement Fund which shall be funded by forfeited bonds and used to ensure compliance with this bill and to administer enforcement programs. DHS shall report to Congress annually regarding: (1) visa overstay rates by nonimmigrant category, (2) categories with overstay rates greater than 1.5%, (3) bond amounts, and (4) fund information.

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``E-bonding for 
Immigration Integrity Act of 2018''.

SEC. 2. REQUIREMENT OF BOND.

    (a) Bond Required.--Prior to arriving at a port of entry of the 
United States, an alien seeking admission to the United States shall 
post a bond, in accordance with subsection (d), in an amount determined 
by the Secretary if such alien seeks admission to the United States as 
a nonimmigrant in a category--
            (1) described under subparagraph (B), (F), (H)(ii)(b), 
        (H)(ii)(b), or (K) of section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)); or
            (2) identified by the Secretary, in accordance with section 
        3, to have a visa overstay rate that is more than 1.5 percent.
    (b) Amount of Bond.--Not later than 1 year after the date of the 
enactment of this section, the Secretary shall, by rule, establish the 
amount of the bond required by subsection (a) for each visa category 
under subsection (a)(1) and each visa category identified by the 
Secretary under section 3, which amount shall--
            (1) be not less than $2,500 and not more than $10,000; and
            (2) be determined based on the Secretary's assessment of 
        the level of risk of visa overstays for that category.
    (c) Adjustment of Amount of Bond.--On an annual basis, the 
Secretary shall review, and, as appropriate, adjust the amounts of the 
bonds described in subsection (b).
    (d) Payment of Bond.--An alien required to post the bond under 
subsection (a) shall post such bond--
            (1) in electronic form; and
            (2) with a bonding agent designated by the Secretary as 
        qualified to hold such bond.
    (e) Release of Bond.--The Secretary shall authorize a bonding agent 
to release a bond--
            (1) to an alien required to post such bond--
                    (A) after receiving a notification from the United 
                States embassy or consulate in the alien's country of 
                origin that such alien departed the United States and 
                returned to such country of origin; or
                    (B) if such alien changed or adjusted their status 
                to an immigration status not required to post a bond 
                under this section.
            (2) to the E-bond Enforcement Fund under section 4 upon a 
        determination by the Secretary that an alien--
                    (A) overstayed their visa; or
                    (B) did not return to their country of origin 
                following the termination of their visa.
    (f) Change of Status.--An alien who has been admitted to the United 
States and who is required to post a bond under subsection (a) may be 
required to post an additional bond if such alien changes their status 
to that of a nonimmigrant in a category required to pay a higher bond 
under this section.
    (g) Collection of Records Relating to Bonds.--The United States 
Embassy or United States consular office in the alien's country of 
origin shall collect any records necessary to carry out this section.
    (h) Effective Date.--This section shall take effect on the date 
that is 120 calendar days after the enactment of this Act.

SEC. 3. VISA OVERSTAY RATE CATEGORIES.

    The Secretary shall identify--
            (1) the visa overstay rate for each category of 
        nonimmigrant aliens described under section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the 
        previous year; and
            (2) each category of nonimmigrant aliens described under 
        such section that had a visa overstay rate in the previous year 
        that was more than 1.5 percent.

SEC. 4. E-BOND ENFORCEMENT FUND.

    (a) In General.--There is established in the general fund of the 
Treasury a separate account, which shall be known as the ``E-bond 
Enforcement Fund'' (in this subsection referred to as the ``Fund'').
    (b) Deposits.--There shall be deposited as offsetting receipts into 
the Fund all amounts released under section 2(e)(2) of this Act.
    (c) Use of Amounts.--Amounts deposited into the Fund shall remain 
available until expended and shall be refunded out of the Fund by the 
Secretary of the Treasury, to the Secretary of Homeland Security to--
            (1) ensure compliance with this Act; and
            (2) administer enforcement programs.

SEC. 5. REPORT.

    Not later than 120 days after the date of the enactment of this 
Act, and each year thereafter, the Secretary shall submit to the 
committees of appropriate jurisdiction a report that includes--
            (1) the visa overstay rate for each category of 
        nonimmigrant alien described under section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the 
        previous year;
            (2) the categories that had a visa overstay rate in the 
        previous year that was more than 1.5 percent, as determined by 
        the Secretary in accordance with section 3;
            (3) the amounts of the bonds, as determined by the 
        Secretary in accordance with section 2;
            (4) information relating to the Fund under section 4; and
            (5) any other information determined appropriate by the 
        Secretary.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Committees of appropriate jurisdiction.--The term 
        ``committees of appropriate jurisdiction'' means--
                    (A) the Committee on the Judiciary of the House of 
                Representatives;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on Homeland Security of the House 
                of Representatives; and
                    (D) the Committee on Homeland Security and 
                Governmental Affairs of the Senate.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security, unless otherwise provided.
            (3) Visa overstay rate.--The term ``visa overstay rate'' 
        means the ratio of, for each category of nonimmigrant aliens 
        described in section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101 (a)(15))--
                    (A) the number of aliens admitted to the United 
                States for each such category whose period of 
                authorized stays ended during a fiscal year but who 
                remained unlawfully in the United States beyond such 
                period; to
                    (B) the total number of aliens admitted to the 
                United States for each such category during that fiscal 
                year.