Identifier
Created
Classification
Origin
00STATE229049
2000-12-01 23:27:00
UNCLASSIFIED
Secretary of State
Cable title:  

CIPRIS PROGRAM UPDATE: INS WILL COLLECT F/M/J FEE

Tags:  CVIS CMGT 
pdf how-to read a cable
R 012327Z DEC 00
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
PRISTINA POUCH
UNCLAS STATE 229049 

SIPDIS

E.O. 12958: N/A
TAGS: CVIS CMGT
SUBJECT: CIPRIS PROGRAM UPDATE: INS WILL COLLECT F/M/J FEE
BEGINNING IN 2001

REF: 97 STATE 57291

SUMMARY
--------

UNCLAS STATE 229049

SIPDIS

E.O. 12958: N/A
TAGS: CVIS CMGT
SUBJECT: CIPRIS PROGRAM UPDATE: INS WILL COLLECT F/M/J FEE
BEGINNING IN 2001

REF: 97 STATE 57291

SUMMARY
--------------


1. IN REFTEL, THE DEPARTMENT REPORTED ON INS' CIPRIS
PROJECT, A CONGRESSIONALLY MANDATED PROGRAM FOR
ELECTRONICALLY MONITORING STUDENTS AND EXCHANGE VISITORS
IN THE U.S. ALTHOUGH CIPRIS HAS HAD A SLOW START SINCE
ITS 1995 CONCEPTION, INS HAS PLANS TO LAUNCH A BETA TEST
OF THE PROGRAM IN MID-2001 AND TO HAVE CIPRIS FULLY
IMPLEMENTED BY 2005. LEGISLATION SIGNED INTO LAW BY THE
PRESIDENT IN LATE OCTOBER HAS GIVEN INS THE GREEN LIGHT TO
COLLECT A FEE FROM NEW STUDENTS AND EXCHANGE VISITORS, TO
BEGIN AS SOON AS INS PUTS INTO PLACE ITS FEE COLLECTION
SYSTEM AND REGULATIONS. THE MECHANICS OF COLLECTING THE
FEE HAVE YET TO BE FINALIZED. HOWEVER, CONSULAR OFFICERS
WILL PLAY A KEY ROLE IN THE PROCESS BY REQUIRING PROOF
THAT STUDENT AND EXCHANGE VISITOR APPLICANTS HAVE PAID THE

FEE BEFORE ISSUING A VISA. INS IS UNCERTAIN WHEN IT WILL
BEGIN COLLECTING THE FEE, BUT THE DEPARTMENT BELIEVES
POSTS WILL NOT NEED TO TAKE ANY ACTION BEFORE THE SPRING.
END SUMMARY.

WHAT IS CIPRIS?
--------------


2. THE COORDINATED INTERAGENCY PARTNERSHIP REGULATING
INTERNATIONAL STUDENTS (CIPRIS) GREW OUT OF AN INS TASK
FORCE ESTABLISHED IN 1995 TO REVIEW HOW TO GATHER
INFORMATION FOR MONITORING F, M AND J VISA HOLDERS IN THE
U.S. THE RECOMMENDATION OF THE TASK FORCE TO CREATE AN
ELECTRONIC TRACKING SYSTEM FOR FOREIGN STUDENTS AND
EXCHANGE VISITORS WAS FORMALIZED IN SECTION 641 OF THE
ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY
ACT OF 1996 (IIRIRA). THIS SECTION REQUIRES ALL POST-
SECONDARY SCHOOLS AND EXCHANGE VISITOR PROGRAMS TO PROVIDE
INFORMATION ON NATIONALS OF ALL COUNTRIES BY JANUARY 1,

2003. THE TRACKING SYSTEM WAS DESIGNED TO BE SELF-FUNDED
WITH FEES COLLECTED FROM FOREIGN STUDENTS AND EXCHANGE
VISITORS. INS LAUNCHED A CIPRIS PILOT PROJECT AT 21
SCHOOLS IN THE SOUTHEAST U.S. IN 1997 TO TEST THE
FEASIBILITY OF AN ELECTRONIC TRACKING SYSTEM, WITH A VIEW
TO EXPANDING THE PROGRAM NATIONWIDE BY THE
CONGRESSIONALLY-ESTABLISHED DEADLINE.


3. WHEN FULLY IMPLEMENTED, CIPRIS WILL BE AN ALL-
ELECTRONIC SYSTEM WHICH WILL GIVE INS AND CONSULAR
OFFICERS IMMEDIATE INFORMATION ON AN F, M OR J HOLDER'S
STATUS. INITIALLY OVERSEAS POSTS WILL HAVE ACCESS TO THE
CIPRIS DATA BASE THROUGH INS DIRECT, ENABLING THEM TO
VERIFY F, M OR J INFORMATION SUCH AS WHEN AN I-20 OR IAP-
66 WAS ISSUED AND WHETHER THE STUDENT IS CURRENTLY IN

FULL-TIME ATTENDANCE AT A SCHOOL. EVENTUALLY POSTS WILL
HAVE DIRECT COMPUTER LINKAGE TO THE CIPRIS SYSTEM, GIVING
CONSULAR OFFICERS IMMEDIATE ACCESS TO STUDENT AND EXCHANGE
VISITOR DATA WHEN INTERVIEWING APPLICANTS AND ADJUDICATING
CASES. ISSUANCE DATA WILL BE DOWNLOADED INTO THE SYSTEM
AND MADE AVAILABLE TO SCHOOLS AS WELL AS TO INS, CREATING
A SEAMLESS FLOW OF INFORMATION WHICH SHOULD NEARLY
ELIMINATE STUDENT VISA FRAUD AND SUBSTANTIALLY REDUCE THE
AMOUNT OF PAPERWORK CONSULAR OFFICERS REQUIRE TO
ADJUDICATE A STUDENT OR EXCHANGE VISITOR VISA.

THE BATTLE OVER FEES
--------------


4. ALTHOUGH THE IDEA OF A CIPRIS PROGRAM HAS BEEN POPULAR
WITH CONGRESS, IT HAS NOT BEEN RECEIVED WELL BY MANY
SCHOOLS AND PROGRAMS WHICH HOST INTERNATIONAL STUDENTS AND
EXCHANGE VISITORS. THESE SCHOOLS HAVE BALKED AT SOME
PROVISIONS OF SECTION 641, IN PARTICULAR THE REQUIREMENT
IN THAT LEGISLATION THAT SCHOOLS COLLECT THE CIPRIS FEE.
THE EDUCATIONAL COMMUNITY'S TOOTH-AND-NAIL OPPOSITION TO
THIS PROVISION VIRTUALLY ENDED ALL CIPRIS-RELATED ACTIVITY
FOR MUCH OF 2000. INS FINALLY OVERCAME THIS OPPOSITION BY
INTRODUCING LEGISLATION WHICH TRANSFERRED THE FEE
COLLECTION RESPONSIBILITY FROM HOST SCHOOLS AND EXCHANGE
PROGRAMS TO INS. THIS LEGISLATION WAS ATTACHED TO HR 3767
-- THE VISA WAIVER BILL -- AND WAS SIGNED INTO LAW BY THE
PRESIDENT ON OCTOBER 30, 2000. IN SPITE OF THIS FIX,
CIPRIS STILL LIVES UNDER A SWORD OF DAMOCLES IN THE FORM
OF A PROPOSED BILL WHICH WOULD REPEAL THE PROGRAM. THIS
LEGISLATION, WHICH HAS THE BACKING OF MANY COLLEGES AND
UNIVERSITIES, MAY BE INTRODUCED IN THE NEXT CONGRESS,
ALTHOUGH THE DEPARTMENT BELIEVES ITS PASSAGE IS UNLIKELY.


5. INS MADE SEVERAL MAJOR CONCESSIONS ON THE FEE ISSUE,
NOTABLY ON WHO QUALIFIES FOR REDUCED OR FEE-EXEMPT STATUS,
TO ENSURE ITS SUCCESS. BUT THE FEE AMENDMENT HAS AT LAST
GIVEN THE SERVICE THE FISCAL TOOL IT NEEDED TO GO FULL-
STEAM ON CIPRIS IMPLEMENTATION. INS' ABILITY TO COLLECT
THE FEE IS VITAL TO THE PROGRAM'S SUCCESS; CIPRIS IS
EXPECTED TO BE SELF-FUNDING AND THE SERVICE NEEDS THE
CIPRIS REVENUE TO TAKE THE PROGRAM BEYOND THE PLANNING
STAGE. THE AMENDMENT ALLOWS INS TO COLLECT A $95 FEE FOR
MOST STUDENTS AND EXCHANGE VISITORS, AN AMOUNT INS
CALCULATED WAS A PER-CAPITA MINIMUM TO PAY FOR THE
PROGRAM. SOME FS, MS AND J'S, NOTABLY THOSE ATTENDING
SECONDARY SCHOOL, EXCHANGE VISITORS SPONSORED BY THE USG,
AND F-2, J-2 AND M-2 APPLICANTS, WILL BE EXEMPT FROM THE
FEE. OTHERS, SPECIFICALLY AU PAIRS, CAMP COUNSELORS AND
SUMMER WORK/TRAVEL PARTICIPANTS, WILL PAY A REDUCED, $40
FEE.


6. BECAUSE OF THE LONG HIATUS IN CIPRIS DEVELOPMENT WHICH
OCCURRED WHILE THE FEE COLLECTION BATTLE WAS BEING FOUGHT,
INS WILL ALMOST CERTAINLY NOT BE ABLE TO MEET CONGRESS'
JANUARY 1, 2003 TIMETABLE TO HAVE THE PROGRAM UP AND
RUNNING WORLDWIDE. HOWEVER, INS PLANS TO ESTABLISH A BETA
TEST OF CIPRIS BY MID-2001, TO BE CONDUCTED IN A SELECT
GROUP OF SCHOOLS AND EXCHANGE VISITOR PROGRAMS IN THE
BOSTON AREA. FOLLOWING THIS BETA TEST, INS WILL GRADUALLY
PHASE IN CIPRIS REGION-BY-REGION UNTIL ALL SCHOOLS AND

EXCHANGE VISITOR PROGRAMS ARE COVERED, PROBABLY SOMETIME
IN 2005. POSTS WILL BE TIED INTO THE CIPRIS SYSTEM AS OUR
DATASHARE LINKS WITH INS ARE DEVELOPED.

WHAT THE HR 3767 FEE AMENDMENT MEANS FOR POSTS
-------------- -


7. INS IS NOW HARD AT WORK DEVELOPING A SIMPLE, NO-FRILLS
SYSTEM FOR COLLECTING THE F/M/J FEE, IN AN EFFORT TO GET
CIPRIS FUNDS FLOWING AS SOON AS POSSIBLE. AMONG OTHER
TASKS, INS' CIPRIS TEAM IS DRAFTING FEDERAL REGISTER
REGULATIONS AND GUIDELINES FOR FEE COLLECTION, AND IS
DEVELOPING THE FORM (DESIGNATED AN ""-901" BY INS) WHICH
STUDENTS WILL SUBMIT TO THE "LOCKBOX" ALONG WITH THEIR FEE
PAYMENT. INS HOPES TO HAVE BOTH OF THESE ITEMS COMPLETED
BY EARLY 2001, AT WHICH TIME IT CAN BEGIN COLLECTING THE
FEE FROM NEW STUDENTS AND EXCHANGE VISITORS. ONCE
IMPOSED, INS WILL COLLECT THE FEE FROM ALL NON-EXEMPT
FIRST-TIME STUDENTS AND EXCHANGE VISITORS REGARDLESS OF
WHETHER THEIR SCHOOL OR PROGRAM IS YET PARTICIPATING IN
CIPRIS.


8. AS INS HAS OUTLINED, STUDENT AND EXCHANGE VISITOR VISA
APPLICANTS WILL BE REQUIRED TO PAY THE CIPRIS FEE AFTER
THEY OBTAIN AN I-20 OR IAP-66, BUT BEFORE THEY APPLY FOR
THE VISA. THE FEE IS NON-REFUNDABLE, EVEN IF THE APPLICANT
FAILS TO OBTAIN A VISA. BANK ONE (A CHICAGO-BASED BANK)
WILL BE THE LOCK-BOX FOR THE FEES. AFTER RECEIVING THE I-
20 OR IAP-66, A PROSPECTIVE STUDENT OR EXCHANGE VISITOR
WILL HAVE TO SUBMIT THE I-901 FORM AND PAYMENT TO BANK ONE
(FORM AND PAYMENT INFORMATION WILL BE AVAILABLE ONLINE ON
BOTH THE INS AND BANK ONE WEBSITES). THEY MAY PAY BY
CREDIT CARD, BANK DRAFT, OR EVEN CASH. UPON RECEIPT OF
THE I-901 AND PAYMENT, BANK ONE WILL ISSUE A RECEIPT, IN
THE FORM OF INS' FAMILIAR I-797 "NOTICE OF ACTION." THIS
FEE RECEIPT WILL BE MAILED TO THE APPLICANT AT THE ADDRESS
DESIGNATED ON THE I-901. THE APPLICANT WILL PRESENT THE I-
797 FEE RECEIPT, ALONG WITH THE I-20 OR IAP-66, AT THE
TIME OF VISA APPLICATION. PRESUMABLY STUDENT AND EXCHANGE
VISITOR APPLICANTS WHO DO NOT HAVE PROOF OF CIPRIS FEE
PAYMENT IN THE FORM OF THE I-797 RECEIPT WILL BE REFUSED
221(G).

A WORK IN PROGRESS
--------------


9. AT THIS POINT, IT IS DIFFICULT TO SAY WITH ANY
CERTAINTY WHEN INS WILL BEGIN COLLECTING THE CIPRIS FEE,
ALTHOUGH THE SERVICE HOPES TO HAVE FEE COLLECTIONS UP AND

RUNNING BY EARLY 2001. MANY ISSUES RELATING TO THE FEE
PAYMENT REQUIREMENTS HAVE YET TO BE WORKED OUT. FOR
EXAMPLE, INS AND BANK ONE ARE STILL DELIBERATING ON HOW
BEST TO REPLACE LOST OR MISDIRECTED I-797 RECEIPTS. THE
SYSTEM IS DESIGNED TO WORK BEST FOR THOSE WITH INTERNET
ACCESS, BUT FOR STUDENTS NOT CONNECTED TO THE WEB, PAYING
THE FEE MAY BE MORE PROBLEMATICAL. AND EDUCATING THE
INTERNATIONAL STUDENT AND EXCHANGE VISITOR COMMUNITY ABOUT
THE NEW FEE WILL BE A MAJOR UNDERTAKING WHICH WILL FALL
MOSTLY ON INS BUT WITH WHICH POSTS, AND OTHER STAKEHOLDERS
IN THE PROGRAM, MAY BE CALLED ON TO ASSIST.


10. THE VISA OFFICE HAS BEEN WORKING CLOSELY WITH INS TO
ENSURE THAT THE CIPRIS PROGRAM WILL HAVE A MINIMAL IMPACT
ON OUR POSTS ABROAD AND AT THE SAME TIME WILL SERVE OUR
OWN LONG-TERM GOALS OF REDUCING WORKLOAD AND ELIMINATING
FRAUD IN THE STUDENT AND EXCHANGE VISITOR PROGRAMS. WE ARE
CONFIDENT THAT THE PROGRAM ULTIMATELY WILL ACHIEVE ALL
THESE ENDS. WE WILL CONTINUE TO COORDINATE CLOSELY WITH
INS AS THE FEE COLLECTION SYSTEM, AND CIPRIS ITSELF, ARE
CLOSER TO REALITY. WE WILL KEEP POSTS CLOSELY APPRISED OF
ANY NEW DEVELOPMENTS, PARTICULARLY AS THEY RELATE TO OUR
ROLE IN FEE COLLECTIONS IN THE COMING MONTHS.
TALBOTT

NOTE: POUCH ADDRESSEES PROTECTED BY IRM/MSO