What This Bill Does
This bill establishes a new visa waiver program for the Virgin Islands of the United States. The program allows certain foreign visitors to enter the Virgin Islands without a visa for stays up to 45 days for business or pleasure. The bill adds the Virgin Islands to an existing visa waiver program that already covers Guam and the Northern Mariana Islands.
Who It Affects
Foreign nationals from Caribbean Community member countries seeking to visit the Virgin Islands. The Secretary of Homeland Security and the Secretaries of the Interior and State (government officials who manage immigration policy). The Governor of the Virgin Islands. Visitors to Guam and the Northern Mariana Islands (program may change for them too).
Key Provisions
• The Secretary of Homeland Security can waive the normal visa requirement for visitors staying in the Virgin Islands for up to 45 days if the Secretary determines that an adequate arrival and departure control system exists and the waiver does not threaten U.S. security or safety. (Sec. 2)
• Foreign visitors receiving a waiver must give up their right to appeal an immigration officer's decision about whether they can enter the Virgin Islands and must limit any removal challenges to specific asylum and torture-related grounds. (Sec. 2)
• The Secretary of Homeland Security must create rules within one year listing all Caribbean Community member countries whose citizens can use the waiver, unless the Secretary determines that including a country would threaten security, safety or welfare, or increase fraud. (Sec. 2)
• The Secretary of Homeland Security must monitor visa waiver admissions and can suspend the program for any country if too many visitors stay unlawfully, enter other parts of the U.S. illegally, seek asylum, or pose a law enforcement risk. (Sec. 2)
• Individuals entering the Virgin Islands under this waiver program must pay an administrative processing fee set to cover all costs of processing and administration. (Sec. 2)
What Changes
If this bill becomes law, certain foreign nationals from Caribbean Community countries will be able to visit the Virgin Islands without getting a visa beforehand, as long as they stay for 45 days or less. The government will create new rules describing which countries qualify and what fees apply. The government will also monitor whether the program causes problems such as people staying longer than allowed or illegally traveling to other U.S. locations.
Important Definitions
Nonimmigrant visitor: A foreign national visiting for business or pleasure who is not seeking permanent residency.
Effective Date
The Secretary of Homeland Security must create the necessary rules within one year after the bill becomes law. Not specified in bill text when the program itself takes effect.
I
118TH CONGRESS
1ST SESSION H. R. 1033
To establish the Virgin Islands visa waiver program.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2023
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-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Virgin Islands Visa
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Waiver Act of 2023’’.
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SEC. 2. ADDITION OF VIRGIN ISLANDS VISA WAIVER TO
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GUAM AND NORTHERN MARIANA ISLANDS
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VISA WAIVER.
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(a) IN GENERAL.—Section 212(l) of the Immigration
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and Nationality Act (8 U.S.C. 1182(l)) is amended to read
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as follows:
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‘‘(l) GUAM AND NORTHERN MARIANA ISLANDS VISA
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WAIVER PROGRAM; VIRGIN ISLANDS VISA WAIVER PRO-
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GRAM.—
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‘‘(1) IN GENERAL.—The requirement of sub-
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section (a)(7)(B)(i) may be waived by the Secretary
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of Homeland Security, in the case of an alien apply-
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ing for admission as a nonimmigrant visitor for busi-
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ness or pleasure and solely for entry into and stay
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in Guam or the Commonwealth of the Northern
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Mariana Islands, or the Virgin Islands of the United
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States, for a period not to exceed 45 days, if the
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Secretary of Homeland Security, after consultation
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with the Secretary of the Interior, the Secretary of
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State, and the Governor of Guam and the Governor
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of the Commonwealth of the Northern Mariana Is-
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lands, or the Governor of the Virgin Islands of the
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United States, as the case may be, determines
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that—
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‘‘(A) an adequate arrival and departure
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control system has been developed in Guam and
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the Commonwealth of the Northern Mariana Is-
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lands, or the Virgin Islands of the United
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States; and
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‘‘(B) such a waiver does not represent a
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threat to the welfare, safety, or security of the
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United States or its territories and common-
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wealths.
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‘‘(2) ALIEN WAIVER OF RIGHTS.—An alien may
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not be provided a waiver under this subsection un-
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less the alien has waived any right—
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‘‘(A) to review or appeal under this Act an
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immigration officer’s determination as to the
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admissibility of the alien at the port of entry
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into Guam or the Commonwealth of the North-
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ern Mariana Islands, or the Virgin Islands of
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the United States; or
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‘‘(B) to contest, other than on the basis of
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an application for withholding of removal under
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section 241(b)(3) of this Act or under the Con-
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vention Against Torture, or an application for
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asylum if permitted under section 208 of this
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Act, any action for removal of the alien.
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‘‘(3) REGULATIONS.—All necessary regulations
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to implement this subsection shall be promulgated
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by the Secretary of Homeland Security, in consulta-
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tion with the Secretary of the Interior and the Sec-
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retary of State. The promulgation of such regula-
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tions shall be considered a foreign affairs function
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for purposes of section 553(a) of title 5, United
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States Code. At a minimum, such regulations should
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include, but not necessarily be limited to—
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‘‘(A) a listing of all countries whose na-
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tionals may obtain the waivers provided by this
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subsection; and
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‘‘(B) any bonding requirements for nation-
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als of some or all of those countries who may
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present an increased risk of overstays or other
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potential problems, if different from such re-
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quirements otherwise provided by law for non-
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immigrant visitors.
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‘‘(4) FACTORS.—In determining whether to
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grant or continue providing the waiver under this
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subsection to nationals of any country, the Secretary
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of Homeland Security, in consultation with the Sec-
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retary of the Interior and the Secretary of State,
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shall consider all factors that the Secretary deems
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relevant, including electronic travel authorizations,
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procedures for reporting lost and stolen passports,
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repatriation of aliens, rates of refusal for non-
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immigrant visitor visas, overstays, exit systems, and
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information exchange.
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‘‘(5) SUSPENSION.—The Secretary of Home-
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land Security shall monitor the admission of non-
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immigrant visitors to Guam and the Commonwealth
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of the Northern Mariana Islands, and the Virgin Is-
1
lands of the United States, under this subsection. If
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the Secretary determines that such admissions have
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resulted in an unacceptable number of visitors from
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a country remaining unlawfully in Guam or the
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Commonwealth of the Northern Mariana Islands, or
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the Virgin Islands of the United States, unlawfully
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obtaining entry to other parts of the United States,
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or seeking withholding of removal or asylum, or that
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visitors from a country pose a risk to law enforce-
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ment or security interests of Guam or the Common-
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wealth of the Northern Mariana Islands, or of the
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Virgin Islands of the United States, or of the United
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States (including the interest in the enforcement of
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the immigration laws of the United States), the Sec-
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retary shall suspend the admission of nationals of
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such country under this subsection. The Secretary of
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Homeland Security may in the Secretary’s discretion
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suspend the Guam and Northern Mariana Islands
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visa waiver program, or the Virgin Islands visa waiv-
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er program, at any time, on a country-by-country
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basis, for other good cause.
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‘‘(6) ADDITION OF COUNTRIES.—The Governor
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of Guam and the Governor of the Commonwealth of
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the Northern Mariana Islands, or the Governor of
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the Virgin Islands of the United States, may request
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the Secretary of the Interior and the Secretary of
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Homeland Security to add a particular country to
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the list of countries whose nationals may obtain the
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waiver provided by this subsection, and the Sec-
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retary of Homeland Security may grant such request
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after consultation with the Secretary of the Interior
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and the Secretary of State, and may promulgate reg-
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ulations with respect to the inclusion of that country
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and any special requirements the Secretary of
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Homeland Security, in the Secretary’s sole discre-
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tion, may impose prior to allowing nationals of that
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country to obtain the waiver provided by this sub-
13
section.’’.
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(b) REGULATIONS DEADLINE.—Not later than one
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year after the date of enactment of this Act, the Secretary
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of Homeland Security, in consultation with the Secretary
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of the Interior and the Secretary of State, shall promul-
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gate any necessary regulations to implement the waiver
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provided in the amendment made by subsection (a) for the
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Virgin Islands of the United States.
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(c) WAIVER COUNTRIES.—The regulations described
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in subsection (b) shall include a listing of all member or
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associate member countries of the Caribbean Community
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whose nationals may obtain, on a country-by-country
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•HR 1033 IH
basis, the waiver provided by this section, except that such
1
regulations shall not provide for a listing of any country
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if the Secretary of Homeland Security determines that
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such country’s inclusion on such list would represent a
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threat to the welfare, safety, or security of the United
5
States or its territories and commonwealths, or would in-
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crease fraud or abuse of the nonimmigrant visa system.
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(d) CONFORMING AMENDMENTS.—
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(1) DOCUMENTATION REQUIREMENTS.—Section
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212(a)(7)(B)(iii) of the Immigration and Nationality
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Act (8 U.S.C. 1182(a)(7)(B)(iii)) is amended to
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read as follows:
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‘‘(iii) SPECIAL
VISA
WAIVER
PRO-
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GRAMS.—For a provision authorizing waiv-
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er of clause (i) in the case of visitors to
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Guam or the Commonwealth of the North-
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ern Mariana Islands, or the Virgin Islands
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of the United States, see subsection (l).’’.
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(2) ADMISSION
OF
NONIMMIGRANTS.—Section
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214(a)(1) of such Act (8 U.S.C. 1184(a)(1)) is
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amended by striking ‘‘Guam or the Commonwealth
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of the Northern Mariana Islands’’ each place such
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term appears and inserting ‘‘Guam or the Common-
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wealth of the Northern Mariana Islands, or the Vir-
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gin Islands of the United States’’.
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(e) FEES.—The Secretary of Homeland Security
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shall establish an administrative processing fee to be
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charged and collected from individuals seeking to enter the
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Virgin Islands of the United States in accordance with sec-
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tion 212(l) of the Immigration and Nationality Act (8
5
U.S.C. 1182(l)), as amended by this Act. Such fee shall
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be set at a level that will ensure recovery of the full costs
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of such processing and any additional costs associated
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with the administration of the fees collected.
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Æ
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