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.

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BACKGROUND
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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.

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VALIDATION STUDY RESULTS
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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.

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COMMENT
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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.

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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