Virgin Islands Visa Waiver Act of 2025
This bill authorizes the Department of Homeland Security (DHS) to establish a visa waiver program for nationals of certain countries to enter the U.S. Virgin Islands.
Specifically, the bill expands an existing program that authorizes nonimmigrant visa waivers for nationals of certain countries to enter Guam or the Northern Mariana Islands to also authorize waivers for entry to the U.S. Virgin Islands. Under this program, DHS may provide a waiver admitting a nonimmigrant visitor for up to 45 days if the waiver does not represent a threat to the welfare, safety, or security of the United States or its territories or commonwealths.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 362 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 362
To establish the Virgin Islands visa waiver program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 13, 2025
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 Representatives 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
2025''.
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:
``(l) Guam and Northern Mariana Islands Visa Waiver Program; Virgin
Islands Visa Waiver Program.--
``(1) In general.--The requirement of subsection
(a)(7)(B)(i) may be waived by the Secretary of Homeland
Security, in the case of an alien applying for admission as a
nonimmigrant visitor for business 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
Islands, 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 Islands, or 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 United States
or its territories and commonwealths.
``(2) Alien waiver of rights.--An alien may not be provided
a waiver under this subsection unless 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 Northern 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 Convention 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 consultation with the Secretary of the
Interior and the Secretary of State. The promulgation of such
regulations shall be considered a foreign affairs function for
purposes of section 553(a) of title 5, United States Code. At a
minimum, such regulations should include, but not necessarily
be limited to--
``(A) a listing of all countries whose nationals
may obtain the waivers provided by this subsection; and
``(B) any bonding requirements for nationals of
some or all of those countries who may present an
increased risk of overstays or other potential
problems, if different from such requirements otherwise
provided by law for nonimmigrant 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 Secretary 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 nonimmigrant visitor visas, overstays,
exit systems, and information exchange.
``(5) Suspension.--The Secretary of Homeland Security shall
monitor the admission of nonimmigrant visitors to Guam and the
Commonwealth of the Northern Mariana Islands, and the Virgin
Islands of the United States, under this subsection. If the
Secretary determines that such admissions have resulted in an
unacceptable number of visitors from a country remaining
unlawfully in Guam or the Commonwealth of the Northern Mariana
Islands, or the Virgin Islands of the United States, unlawfully
obtaining entry to other parts of the United States, or seeking
withholding of removal or asylum, or that visitors from a
country pose a risk to law enforcement or security interests of
Guam or the Commonwealth of the Northern Mariana Islands, or of
the Virgin Islands of the United States, or of the United
States (including the interest in the enforcement of the
immigration laws of the United States), the Secretary shall
suspend the admission of nationals of such country under this
subsection. The Secretary of Homeland Security may in the
Secretary's discretion suspend the Guam and Northern Mariana
Islands visa waiver program, or the Virgin Islands visa waiver
program, at any time, on a country-by-country basis, for other
good cause.
``(6) Addition of countries.--The Governor of Guam and the
Governor of the Commonwealth of the Northern Mariana Islands,
or the Governor of 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 Secretary of Homeland Security may
grant such request after consultation with the Secretary of the
Interior and the Secretary of State, and may promulgate
regulations with respect to the inclusion of that country and
any special requirements the Secretary of Homeland Security, in
the Secretary's sole discretion, may impose prior to allowing
nationals of that country to obtain the waiver provided by this
subsection.''.
(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 promulgate any necessary regulations to implement the
waiver provided in the amendment made by subsection (a) for the Virgin
Islands of the United States.
(c) Waiver Countries.--The regulations described in subsection (b)
shall include a listing of all member or associate member countries of
the Caribbean Community whose nationals may obtain, on a country-by-
country basis, the waiver provided by this section, except that such
regulations shall not provide for a listing of any country if the
Secretary of Homeland Security determines 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, or
would increase fraud or abuse of the nonimmigrant visa system.
(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 programs.--For
a provision authorizing waiver of clause (i) in
the case of visitors to Guam or the
Commonwealth of the Northern 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 Commonwealth of the
Northern Mariana Islands, or the Virgin Islands of the United
States''.
(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 of the United States in
accordance with section 212(l) of the Immigration 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
and any additional costs associated with the administration of the fees
collected.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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