C1/D VISAS: SMOOTH SAILING IN MUMBAI

UNCLAS SECTION 01 OF 02 MUMBAI 000151

SIPDIS

DEPT FOR CA/FPP - JILL NYSTROM; PASS TO DHS

E.O. 12958: N/A
TAGS: KFRD CVIS CMGT IN
SUBJECT: C1/D VISAS: SMOOTH SAILING IN MUMBAI

REF: 05 MUMBAI 1639, 04 MUMBAI 2613


1. SUMMARY. ConGen Mumbai, one of the top C1/D visa
adjudicating posts in the world, issued more than 16,000 C1/D
visas in FY2008. A recent validation study confirmed an
overstay rate of less than one percent. Post's Shipping
Executive Program (SEP),which allocates appointments for
well-established shipping companies that maintain high
recruiting and reporting standards, aided post's adjudications.
END SUMMARY.


2. In FY2008, Mumbai issued 16,696 C1/D visas and refused
2,011, a refusal rate of 10.7 percent. FY2008 issuances were up
1.7 percent compared to FY2007. In FY2007 post issued 16,417
C1/D visas and refused 1,525(8.4 percent).

SHIPPING EXECUTIVE PROGRAM


3. Many C1/D visa applicants were recruited by post's SEP
member companies, which includes 12 large ship crew recruitment
agencies and three major airlines (reftels). Of 18,980 C1/D
visa appointments made in Mumbai during FY2008, 8,387 (44.2%)
were from SEP companies. SEP companies, who undergo a screening
process before gaining membership, use their own login to
schedule visa appointments through our visa appointment
scheduler's website and provide official letters for their
applicants that contain the company seal, an authorized
signature, and other security features. Post also requires them
to notify us of all individuals who do not report for duty as
scheduled for duty. (Note: Posts considering implementing a
Shipping Executive Program, may write to MumbaiSEP@state.gov for
more details.)


4. The NIV officer responsible for managing the SEP portfolio
also maintains lists of shipping companies or agents labeled as
"Caution" and "Delisted" companies. Applicants from delisted
companies are adjudicated with extreme caution based on previous
malfeasance or ongoing concerns about the companies' hiring
practices. Applicants from Caution companies are adjudicated
with extra care based on questionable past and current hiring
practices. Companies not on any list are considered "neutral."

VALIDATION METHODOLOGY AND FINDINGS


5. The validation study randomly selected 1,000 applicants from
the 16,696 C1/D visas issued during FY2008. Arrival and
Departure Information System (ADIS) checks were conducted for
all the cases. The ADIS checks confirmed departures for 856
visa holders. Post made separate verification and pretext calls
for the remaining 144 cases. In most instances, calls to the
employers revealed the visa holders had departed the United
States. In other cases, post called residences and spoke to
family members, or to visa holders themselves, to verify
departure. Post suspected or confirmed fraud or overstays in
only nine of the 1,000 cases, a rate of only 0.9 percent.


6. For seven cases, verification calls to employers confirmed
the visa holders failed to join ship as scheduled or did not
depart the United States after signing off their ship. The
overstays were a mixture of new visa holders and those with
previous visas and travel to the United States.


7. In the remaining two cases, post suspected, but could not
confirm, fraud or overstays. Although the visa holders were not
found in ADIS as having departed the United States, calls to
their family did not reveal conclusive evidence to confirm
fraud. One of the visa holders was a trainee seaman and the
other a long-term seaman with more than twenty-five years of
experience. Both had previous C1/D visas and had traveled to
the United States before.


8. Post last conducted a C1/D validation study in 2005. Based
on 250 C1/D visas issued in July 2005, the study found a visa
misuse rate of 5.6 percent. Given the larger sample size, and
therefore more reliable results, of the new validation study,
the drop in the fraud rate to less than 0.9 percent is a
significant decrease.

COMMENT


9. A minor but possibly useful finding of the study was that
seven of the nine errant visa holders were joining passenger
cruise ships, primarily in food service work. Future C1/D
validation studies might seek to test the premise that employees
joining cruise ships are more likely to commit fraud than
commercial seafarers.


MUMBAI 00000151 002 OF 002



10. A surprising finding was that no significant difference
existed in fraud rates of SEP and non-SEP companies. If no SEP
program had been in place, however, the fraud rate likely would
have been higher. We still believe the SEP has a useful
deterrent effect. Post will continue to work closely with SEP
companies to improve their internal controls.


11. Mumbai's high volume of C1/D applicants, a refusal rate of
less than 11 percent, and a fraud rate below one percent
indicate sound C1/D visa adjudication practices. The Shipping
Executive Program remains a reliable anchor underpinning this
excellent track record. End Comment.
FOLMSBEE