I 
117TH CONGRESS 
1ST SESSION H. R. 5460 
To establish the Virgin Islands visa waiver program. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 30, 2021 
Ms. PLASKETT introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To establish the Virgin Islands visa waiver program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Virgin Islands Visa 
Waiver Act of 2021’’. 
SEC. 2. ADDITION OF VIRGIN ISLANDS VISA WAIVER TO 
GUAM AND NORTHERN MARIANA ISLANDS 
VISA WAIVER. 
(a) IN GENERAL.—Section 212(l) of the Immigration 
and Nationality Act (8 U.S.C. 1182(l)) is amended to read 
as follows: 
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‘‘(l) GUAM AND NORTHERN MARIANA ISLANDS VISA 
WAIVER PROGRAM; VIRGIN ISLANDS VISA WAIVER PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The requirement of sub-
section (a)(7)(B)(i) may be waived by the Secretary 
of Homeland Security, in the case of an alien apply-
ing for admission as a nonimmigrant visitor for busi-
ness or pleasure and solely for entry into and stay 
in Guam or the Commonwealth of the Northern 
Mariana Islands, or the Virgin Islands of the United 
States, for a period not to exceed 45 days, if the 
Secretary of Homeland Security, after consultation 
with the Secretary of the Interior, the Secretary of 
State, and the Governor of Guam and the Governor 
of the Commonwealth of the Northern Mariana Is-
lands, or the Governor of the Virgin Islands of the 
United States, as the case may be, determines 
that— 
‘‘(A) an adequate arrival and departure 
control system has been developed in Guam and 
the Commonwealth of the Northern Mariana Is-
lands, and the Virgin Islands of the United 
States; and 
‘‘(B) such a waiver does not represent a 
threat to the welfare, safety, or security of the 
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United States or its territories and common-
wealths. 
‘‘(2) ALIEN WAIVER OF RIGHTS.—An alien may 
not be provided a waiver under this subsection un-
less the alien has waived any right— 
‘‘(A) to review or appeal under this Act an 
immigration officer’s determination as to the 
admissibility of the alien at the port of entry 
into Guam or the Commonwealth of the North-
ern Mariana Islands, or the Virgin Islands of 
the United States; or 
‘‘(B) to contest, other than on the basis of 
an application for withholding of removal under 
section 241(b)(3) of this Act or under the Con-
vention Against Torture, or an application for 
asylum if permitted under section 208 of this 
Act, any action for removal of the alien. 
‘‘(3) REGULATIONS.—All necessary regulations 
to implement this subsection shall be promulgated 
by the Secretary of Homeland Security, in consulta-
tion with the Secretary of the Interior and the Sec-
retary of State. The promulgation of such regula-
tions shall be considered a foreign affairs function 
for purposes of section 553(a) of title 5, United 
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States Code. At a minimum, such regulations should 
include, but not necessarily be limited to— 
‘‘(A) a listing of all countries whose na-
tionals may obtain the waivers provided by this 
subsection; and 
‘‘(B) any bonding requirements for nation-
als of some or all of those countries who may 
present an increased risk of overstays or other 
potential problems, if different from such re-
quirements otherwise provided by law for non-
immigrant visitors. 
‘‘(4) FACTORS.—In determining whether to 
grant or continue providing the waiver under this 
subsection to nationals of any country, the Secretary 
of Homeland Security, in consultation with the Sec-
retary of the Interior and the Secretary of State, 
shall consider all factors that the Secretary deems 
relevant, including electronic travel authorizations, 
procedures for reporting lost and stolen passports, 
repatriation of aliens, rates of refusal for non-
immigrant visitor visas, overstays, exit systems, and 
information exchange. 
‘‘(5) SUSPENSION.—The Secretary of Home-
land Security shall monitor the admission of non-
immigrant visitors to Guam and the Commonwealth 
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the Virgin Islands of the United States, may request 
the Secretary of the Interior and the Secretary of 
Homeland Security to add a particular country to 
the list of countries whose nationals may obtain the 
waiver provided by this subsection, and the Sec-
retary of Homeland Security may grant such request 
after consultation with the Secretary of the Interior 
and the Secretary of State, and may promulgate reg-
ulations with respect to the inclusion of that country 
and any special requirements the Secretary of 
Homeland Security, in the Secretary’s sole discre-
tion, may impose prior to allowing nationals of that 
country to obtain the waiver provided by this sub-
section.’’. 
(b) REGULATIONS DEADLINE.—Not later than one 
year after the date of enactment of this Act, the Secretary 
of Homeland Security, in consultation with the Secretary 
of the Interior and the Secretary of State, shall promul-
gate any necessary regulations as described in subsection 
(a) required to implement the waiver provided in such sub-
section for the Virgin Islands. 
(c) WAIVER COUNTRIES.—The regulations described 
in subsection (b) shall include a listing of all member or 
associate member countries of the Caribbean Community 
(CARICOM) whose nationals may obtain, on a country- 
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by-country basis, the waiver provided by this section, ex-
cept that such regulations shall not provide for a listing 
of any country if the Secretary of Homeland Security de-
termines that such country’s inclusion on such list would 
represent a threat to the welfare, safety, or security of 
the United States or its territories and commonwealths. 
(d) CONFORMING AMENDMENTS.— 
(1) DOCUMENTATION REQUIREMENTS.—Section 
212(a)(7)(B)(iii) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(7)(B)(iii)) is amended to 
read as follows: 
‘‘(iii) SPECIAL
VISA
WAIVER
PRO-
GRAMS.—For a provision authorizing waiv-
er of clause (i) in the case of visitors to 
Guam or the Commonwealth of the North-
ern Mariana Islands, or the Virgin Islands 
of the United States, see subsection (l).’’. 
(2) ADMISSION
OF
NONIMMIGRANTS.—Section 
214(a)(1) of such Act (8 U.S.C. 1184(a)(1)) is 
amended by striking ‘‘Guam or the Commonwealth 
of the Northern Mariana Islands’’ each place such 
term appears and inserting ‘‘Guam or the Common-
wealth of the Northern Mariana Islands, or the Vir-
gin Islands of the United States’’. 
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(e) FEES.—The Secretary of Homeland Security 
shall establish an administrative processing fee to be 
charged and collected from individuals seeking to enter the 
Virgin Islands in accordance with section 212(l) of the Im-
migration and Nationality Act (8 U.S.C. 1182(l)), as 
amended by this Act. Such fee shall be set at a level that 
will ensure recovery of the full costs of such processing, 
any additional costs associated with the administration of 
the fees collected, and any sums necessary to offset re-
duced collections of the nonimmigrant visa fee or the elec-
tronic travel authorization fee that otherwise would have 
been collected from such individuals. 
Æ 
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