THE BUSINESS EXECUTIVE PROGRAM IN INDIA: VALIDATION STUDY

UNCLAS SECTION 01 OF 02 NEW DELHI 000312 SIPDIS E.O. 12958: N/A TAGS: CVIS CMGT ASEC KFRD IN SUBJECT: THE BUSINESS EXECUTIVE PROGRAM IN INDIA: VALIDATION STUDY OF B1/B2 VISA ISSUANCES REF: A) 2008 Kolkata 291 B) 2009 New Delhi 414 ¶1. Summary. The Business Executive Program (BEP) continues to be a key part of Non-Immigrant Visa processing in posts across Mission India, with BEP appointments for the B1/B2 visa class alone accounting for tens of thousands of applicants each year. A recently conducted Mission-wide validation study confirms the continuing reliability of program participants through a less than one quarter of one percent overstay rate on visas issued through the BEP. End Summary. -------------- BACKGROUND -------------- ¶2. As described in Ref A, all posts in Mission India participate in the Business Executive Program with the goal of streamlining visa processing for employees of established and pre-vetted firms. Participating firms receive a secure login ID to a website run by Visa Forwarding Service (VFS),the contractor that manages appointment and delivery of visas for Posts in Mission India. BEP companies make appointments for their employees using that login ID, and provide Post with information on applicants pre- (salary, length of employment, etc.) and post-interview (resignations, etc.) that increase adjudication efficiency and confidence. ¶3. There are currently over 500 registrants in the BEP (Hyderabad 77; Kolkata 32; Mumbai 101; New Delhi 142; Chennai 222 - some companies are registered at multiple locations). There is a slight downward trend in BEP participant numbers, but BEP appointments have increased significantly in the most recent fiscal year. ¶4. This validation study is a follow-up to a similar study examining FY 2007 data. Chennai, Kolkata, Mumbai and New Delhi provided lists of BEP B1/B2 issuances to CA/FPP's Department of Homeland Security (DHS) liaison office for cross-checking with Arrival/Departure Information System (ADIS) records for possible overstays. All of Kolkata's issuances were examined, while random samples were selected and examined for Chennai (1,199),Mumbai (800) and New Delhi (800). ¶5. ConGen Hyderabad began adjudicating visas in March 2009. While Hyderabad has established a rapidly-expanding Business Executive Program, application data on its program is not available for the period covered in this study. ¶6. Posts across Mission India have a four to nine percent refusal rate for applicants for B1/B2 visas from BEP companies. This rate is much lower than the overall refusal rate for Mission India (just under thirty percent in FY 2009). Although each individual applicant is given requisite scrutiny, interviewing officers find that, in general, applicants from these companies present with confidence. Given the companies' stated interest in significant travel for business relations with the U.S., the purpose is not usually in question. ¶7. Companies that fail to maintain the integrity of the BEP process face possible suspension or removal from the program. In 2008, Mission India removed the Indo-American Chamber of Commerce from the BEP for fraud concerns (ref B). Recently, two companies were suspended from the program for misuse of BEP scheduling and for sponsoring unqualified or fraudulent applicants for L-1 visas, which were not included in this validation study. -------------- VALIDATION STUDY RESULTS -------------- ¶8. The results of this year's study echo last year's in the near zero percent overstay rate. Kolkata and Mumbai have reported zero unaccounted for travelers. Chennai and New Delhi combined identified only 10 visa holders from BEP companies for whom there was no record of return or legal change of status. This represents less than 0.25 percent of the issuances we reviewed, and once again, no single post reported an overstay rate of more than a quarter percent. -------------- COMMENT -------------- ¶9. The Business Executive Program is extraordinarily effective at identifying legitimate travelers and facilitating the visa application process for them. And with BEP companies making up an ever-growing percentage of applicants in Mission India (over thirty percent at some posts),the program significantly streamlines the adjudication process from Post's perspective. BEP companies are well-established, have good reputations in India, and can provide upwardly mobile career paths, so competition for jobs is fierce. NEW DELHI 00000312 002 OF 002 One benefit of this competitive job field is that before applicants arrive at the window, the companies already have almost completely filtered out people who have weak professional skills, or that they suspect will not be committed to the company. The adjudication standard for BEP B1/B2 visas is no different from that of the larger applicant pool, but adjudications are more efficient because adjudicators can focus their BEP interviews on the applicant's ties and not consume interview time determining if the person's basic profile is genuine, i.e., does s/he really have this job, or is their company in fact dispatching them to the U.S. ¶10. As with previous validation studies, this analysis confirms that virtually all applicants from BEP companies comply with the terms of their visas. Even so, there are no pro-forma approvals. Despite the ties of BEP applicants, we remain vigilant in detecting fraud and exercising due diligence to ensure that BEP companies continue to send qualified applicants (as noted above). This vigilance allows posts to justify the trust placed in program companies, as well as the low refusal rates among BEP applicants. ROEMER