Jakarta Seafarer Crew (C1-D Visa) Validation Study

UNCLAS SECTION 01 OF 02 JAKARTA 000815 SIPDIS DEPT FOR CA/FPP, CA/EX, EAP/MTS E.O. 12958: N/A TAGS: CVIS CMGT KFRD ID SUBJECT: Jakarta Seafarer Crew (C1-D Visa) Validation Study REF: 07 Jakarta 989 JAKARTA 00000815 001.2 OF 002 ¶1. SUMMARY: U.S. Embassy Jakarta recently conducted a validation study of C1-D visa issuances for January 1, 2008 - December 31, ¶2008. The study was based on Department of Homeland Security's (DHS) Arrival-Departure Information System (ADIS) and a survey of the Seafarer Manning Agent's records, followed by telephone calls to applicant's homes as needed. The number of seafarers who violated their visa status was less than one percent. END SUMMARY. -------------- Methodology -------------- ¶2. The study was restricted to C1-D issuances to Indonesian applicants working as crew on seagoing vessels; third country national (TCN) applicants, and air crew were not included. The sample was selected from issuances during the calendar year 2008; consequently a large number of visa recipients (21%) had not yet used their visas at the time of the survey. Although many of these applicants had prior visas and prior travel to the United States, we only tracked the use of the most recent issuance. ¶3. There were 5,895 C1-D issuances for the period. The sample of 1099 applicants was selected in accordance with FPP guidance, which recommends a sample size over 1001 to get results with 95% accuracy. ¶4. Jakarta has a crew manning agency registration program that requires C1-D seafarer applicants to use a previously vetted and approved manning agency to submit visa applications. This helps reduce opportunities for fraud and facilitates the adjudication of seafarers at the time of interview, as employment and training have been pre-verified. Manning agencies are held responsible for apparent misuse of visas on the part of their crew visa applicants, fraud on the part of their staff or negligence in screening procedures. ¶5. CCD reports were used to determine each seafarer's manning agency. FSNs contacted each agency and requested detailed whereabouts and employment status of all of seafarers included in the random sample. For applicants whose manning agency indicated they are still aboard ships, conoffs used ADIS to determine the status of the applicants. Status was categorized as either "travelled- not misused," "visa unused," "presumed onboard" or "jumped ship." Given the nature of C1-D employment, frequent arrivals and departures to and from the United States are the norm. In cases where clear patterns of entry and exit were recorded in ADIS, the last entry was recorded as "departed," and the applicant's manning agency indicated that they are still at sea, applicant's status was recorded as "travelled- not misused." ¶6. In cases where the manning agency indicated an applicant had been terminated, resigned or was home on vacation, FSNs contacted the applicant at home to verify their status. Those with previous travel to the United States and were documented to have returned to Indonesia, were categorized as "travelled- not misused." Those seafarers who never joined a ship and were confirmed to still be in Indonesia, and those who joined ships in a third country but had yet to enter a U.S. port were categorized as "visa unused." All "visa unused" individuals had no encounters recorded in the ADIS database, or had previous records, but no record since the visa was issued. -------------- Findings -------------- ¶7. Table of findings: Confirmed Jump Ship: 3 (0.27%) Presumed on Board: 7 (0.73%) Traveled - No Misuse: 856 (78%) Visa Unused: 233 (21%) Total: 1099 (100%) ¶8. Breakdown of "Jump Ship" and "Presumed on Board" The three confirmed "ship jumpers" came from three different manning agencies, identified here as A, B, and C. Agent A, post's largest manning agency, had one confirmed case of ship jumping out of 404 seafarers included in the sample, representing 0.25 percent of their applicants and one "presumed onboard" applicant whom the agent maintains is currently sailing in Europe, but for whom we were JAKARTA 00000815 002.2 OF 002 unable to obtain independent confirmation of his status. The confirmed ship jumper was a 31 year old male first-time employee going to work in the housekeeping department on a cruise line. Agents B and C each had one seafarer who jumped ship. The one seafarer from Agent B was one of 147 in the sample, again representing a rate less than one percent for agent B. He is a 42 year old chef on a cruise line, had two prior visas and had been working for the cruise line for 8 years. The last overstay was one of only 8 applicants from Agent C, a 13% overstay rate for this agent. This individual is a 32 year old second officer on a cargo ship and although he had 11 years experience as a sailor, this was his first U.S. visa. An additional 6 individuals were labeled as "presumed onboard". Four of these applicants work on fishing vessels in the international waters off Guam. All of their ADIS records showed multiple entries into Guam but never recorded a departure. According to their manning agencies, and family members contacted in Indonesia these four applicants are all still on board fishing vessels, and will presumably return to Indonesia at the end of their contracts. Two additional individuals are reported by family members and their manning agencies as currently working on board ships in the U.S. ADIS records show multiple entries and departures for these applicants, but their last 3 records are entries. -------------- Analysis -------------- ¶9. This is the first validation study conducted by post on C1-D visa applicants and the data shows a surprisingly low number of individuals jumping ship or overstaying. This could be partially due to the extra screening seafarers undergo at the initial port of entry, as well as our seafarers visa program here. Almost all Indonesian seafarers are subject to NSEERs, and post frequently sees I-275 turn-around reports for sailors. However, the number of I-275s received by post has also decreased in the last year, from 23 in 2007 to 5 in 2008. Most are for seafarers whose manning agencies were removed from the seafarer visa program for complicity in fraud. ¶10. The percentage of seafarers (about one in five) who had not yet used their C1-D visa is likely a consequence of three factors: the large number of sailors who join ships in third countries and only call at a U.S. port of entry late in their normal 6-8 month contract; post's revised policy to allow "tramper ships," which have no fixed itinerary, but may call on a U.S. port, to obtain C1-D visas for their seafarers; and the practice prevalent among manning agencies to obtain new documents for their seafarers when they return from contracts for a 2-3 month vacation. Finally the seafarers who have not yet used their visas includes those whose offer of employment is rescinded prior to joining a ship, or who decide not to accept the offer. ¶11. The C1-D visa CY2008 adjusted refusal rate for Indonesians during the study period is 1.1 percent. This is well below the target in the 2010 MSP of a 6 percent overall overstay rate for ¶2008. -------------- Conclusion -------------- ¶12. The current visa validation study for C1-D visas supports the conclusion that manning agency registration in our seafarer visa program is an effective way to increase the pool of bonafide, eligible visa applicants. The seafarer via program requires extensive documentation from manning agencies prior to registration as well as on site inspections of their offices, and maintains close coordination with all approved agents. Any lapses in screening are closely monitored, and can result in temporary suspensions of agents until gaps are fixed. Under current management only about half of the manning agencies who initially apply for registration are accepted, and during 2008 several agents were terminated for complicity in fraud or unacceptable negligence. We believe that it is this careful monitoring of agents that enables us to issue so many C1-D visas and still ensure a high compliance rate. We are working on replicating the seafarer visa program with student visa applicants and their agents. HUME