Seamen Return to Chennai: A C1/D Validation Study

UNCLAS SECTION 01 OF 03 CHENNAI 000008 CA/FPP FOR JILL NYSTROM SIPDIS E.O. 12958: N/A TAGS: KFRD CVIS ASEC IN SUBJECT: Seamen Return to Chennai: A C1/D Validation Study Ref: A) 09 Mumbai 151, B) 09 New Delhi 1429 ¶1. Summary: In a world full of visa risks, South Indian sailors are a pretty good one. Unless, to paraphrase the theme song from The Jeffersons, they are "frying beans in the kitchen", in which case they may do "a whole lotta trying just to get up that hill" and into the U.S. for a long term stay. Echoing the results of other recent C1/D studies in India (reftels),Consulate General Chennai's validation study for C1/D visas issued to South Indian sailors has confirmed an overstay rate of only 1.4 percent, with the majority of those overstaying being employed as cooks or kitchen helpers. This cable will explain that study, discuss the various types of crew members, and provide an overview of the shipping industry for use by posts in South Asia. End summary. Methodology and Results ¶2. Post selected a random sample of 1000 C1/D visas issued from January 1, 2007 to December 31, 2008 to track overstay rates. This amount was drawn from a total of 6443 issuances during that time period and represents over 15 percent of post's total C1/D issuances. Chennai's refusal rate for C1/D visas for that time frame was 8.5 percent. The sample was then checked against entry and exit data from the Department of Homeland Security ADIS database. For cases without exit data, Post contacted or met with shipping companies to review their records and called the applicants' last known addresses. Only 14 of the 6,443 C1/D issuances are confirmed or probable overstays. ¶3. The sample of 1000 C1/D visa holders included 138 officers, 283 engineers, 92 ordinary seamen (OS),43 able-bodied seamen (AB),157 deck cadets, 142 cooks/kitchen workers and 132 in other categories such as wipers, cleaners, oilers and motormen. Of the 14 visa holders who overstayed, eight were cooks, kitchen assistants or stewards. The remaining six included two individuals who obtained their visas but were subsequently found medically ineligible to serve, one retired engineer, one without a job listed and two seafaring laborers (one cleaner and one fitter). Officers and Engineers ¶4. With the myriad difficult decisions made every day on the NIV line in Chennai, one of the more certain ones should be issuing a C1/D to an officer or engineer. The only overstay in this category, out of a total pool of 421 issuances for officers or 
engineers, was by an engineer who had retired with a still valid C1/D. Gainfully employed officers and engineers who overstay their visas are, quite simply, an aberration. To become an officer, a candidate has to complete 12 months of training at a merchant marine academy and 12-18 months of at sea training. Engineers typically have four year bachelor degrees before their training. These are difficult routes to take for someone intending to travel to the U.S. with the intention of violating the terms of their visa. Deck Cadets ¶5. In order to secure a seaman's book from the appropriate governmental authority (known as a CDC),a deck cadet (officer trainee) has to complete one year of training. One hundred and fifty seven cadets were among the sample of C1/D holders in this validation study. Only one cadet overstayed his visa. This cadet was found medically unfit to join ship after receiving the visa and apparently used the visa to gain entry to the U.S. for a purpose other than to join ship. Ordinary and Able-bodied Seamen ¶6. In order to qualify as an Ordinary Seaman (OS),which is the equivalent of the enlisted ranks, a person must have five certificates for general ship operation which can be obtained in as little as one month. After two or three cruises, and based on the recommendation of the Masters (Captains) under whom they have served, qualified OS can be promoted to the level of Able-bodied (AB) seaman. Thereafter based upon their experience and reviews ABs can attain the highest enlisted rank of Bosun. Interestingly, despite a much shorter path to a C1/D visa (one month as opposed to one year for deck cadets) there was only one overstay by either an OS or AB seaman out of 135 visa holders in those categories. The AB seaman in question, like the deck cadet discussed above, was found medically unfit for service after obtaining his visa. Life as a visa overstayer in the U.S. was apparently his recourse after losing eligibility to work at sea. Seafaring Laborers CHENNAI 00000008 002 OF 003 ¶7. Requiring a bit more scrutiny are those candidates who fill more labor-intensive jobs. These seamen include wipers, motormen, greasers, cleaners, fitters and oilers. Of the 132 C1/D holders who fell into these categories, two overstayed. Unlike the engineer and the cadet discussed above, these two visa-holders were actively employed and medically fit for service. These jobs tend to pay significantly less than those for officers. Some of them, such as wipers, are more temporary jobs which are not covered by long-term employment contracts, making the allure of work in the U.S. more attractive. Even considering the low pay and lack of employment security, the overstay rate for the lower-skilled seafarers is still only 1.51 percent. Cooks, Kitchen Workers and Stewards ¶8. The most problematic category, by far, is for cooks, kitchen workers and stewards. They accounted for eight of 14 overstays. Their overstay rate equates to 5.63 percent, which represents eight overstays out of a total of 142 C1/D issuances in those categories. Many of those who apply for jobs in the kitchen or room steward fields do not have CDCs and undergo little training, if any, to prepare them for life at sea. They have highly transportable skills which are as useful on land as they are at sea. The incentive to "jump ship" for what is perceived as a more lucrative or easier life appears to be greater than for any other category of C1/D applicant. ¶9. During the course of this study, Post identified a larger fraud pattern of applicants securing visas as cooks by using phony Norwegian Cruise Lines (NCL) employment letters. Of the fourteen overstays, only the three NCL cooks submitted fraudulent documents. Using text search, Post identified twelve additional NCL applicants, not originally included in the random sample, who were also confirmed to have submitted fraudulent documents. According to ADIS entry/exit records, seven of those individuals are still in the U.S. and have overstayed their visas. Post has requested prudential revocation of those seven visas and has already revoked the eight visas of those not present in the United States. The high level of fraud and refusals for cooks underscores the need for closer scrutiny, especially those who do not have CDCs or significant experience on ship. Overview of Shipping Companies in South India ¶10. Conoff met with the seven largest shipping companies which have offices in Chennai to discuss their recruitment, retention of officers and current status of the shipping industry. These companies range in size from fleets of 52 ships (managed by Univan) to 1200 ships (Vships) and have between 1500 (Wilhelmsen Ship Management) and 8000 (VShips) employees in India to man those ships. The retention rate for employees was from 75 to 92 percent for the largest company, VShips. Each of these companies maintains agents on board ship to facilitate seaman signing off and on to the ships. Most indicated that they have the agents accompany C1/D holders to the airport if they sign off in a U.S. port because, according to Ebony Ship Management's director, the current insurance regulations make the company responsible for their employees until they return to India even if they sign off abroad. Parenthetically, all shipping companies permit the top four officers (Chief/Master/Captain, 2nd officer, Chief engineer and 2nd engineer) to take family members on board ship. One, Ebony Ship Management, will allow 3rd officers or 3rd engineers who have been with the company for many years to take family members on board. ¶11. Most company representatives with whom Conoff spoke said that they had experienced either a slowing of growth or a decline in their shipping business over the last year. Ebony Ship Management, for example, indicated that their volume is down approximately 10 percent from this time last year, while Wilhelmsen Ship Management has lost ships under contract. They told Conoff that they have lost 35 ships this year, while VShips told Conoff that they have taken over 70 ships from Wilhelmsen this year. Both AET and Executive Ship Management told Conoff that they have had no effect from the economic slowdown, but ESM expects a lower number of ships in 2010 after the effects of ship order cancellations are felt. The only company which has experienced growth because of the downturn is the largest, VShips, which has gained market share as ship owners look for stability in a larger management company. Conclusion ¶12. The job of a seafarer is difficult but, apparently, satisfying for sailors from South India, as there were essentially no overstays CHENNAI 00000008 003 OF 003 among actively employed, medically qualified professional seamen. The only caveat is for unskilled help, kitchen employees and stewards. Such applicants should be given greater scrutiny during the interview than the OS or AB seaman. In addition to providing insights useful to future adjudications, this study led us to discover a batch of linked fraud cases, illustrating another significant benefit of conducting validation studies. SIMKIN