US embassy cable - 00STATE229049

UNCLAS STATE 229049 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: CVIS, CMGT 
SUBJECT: CIPRIS PROGRAM UPDATE: INS WILL COLLECT F/M/J FEE 
BEGINNING IN 2001 
 
REF: 97 STATE 57291 
 
SUMMARY 
-------- 
 
1. IN REFTEL, THE DEPARTMENT REPORTED ON INS' CIPRIS 
PROJECT, A CONGRESSIONALLY MANDATED PROGRAM FOR 
ELECTRONICALLY MONITORING STUDENTS AND EXCHANGE VISITORS 
IN THE U.S. ALTHOUGH CIPRIS HAS HAD A SLOW START SINCE 
ITS 1995 CONCEPTION, INS HAS PLANS TO LAUNCH A BETA TEST 
OF THE PROGRAM IN MID-2001 AND TO HAVE CIPRIS FULLY 
IMPLEMENTED BY 2005. LEGISLATION SIGNED INTO LAW BY THE 
PRESIDENT IN LATE OCTOBER HAS GIVEN INS THE GREEN LIGHT TO 
COLLECT A FEE FROM NEW STUDENTS AND EXCHANGE VISITORS, TO 
BEGIN AS SOON AS INS PUTS INTO PLACE ITS FEE COLLECTION 
SYSTEM AND REGULATIONS. THE MECHANICS OF COLLECTING THE 
FEE HAVE YET TO BE FINALIZED. HOWEVER, CONSULAR OFFICERS 
WILL PLAY A KEY ROLE IN THE PROCESS BY REQUIRING PROOF 
THAT STUDENT AND EXCHANGE VISITOR APPLICANTS HAVE PAID THE 
 
FEE BEFORE ISSUING A VISA. INS IS UNCERTAIN WHEN IT WILL 
BEGIN COLLECTING THE FEE, BUT THE DEPARTMENT BELIEVES 
POSTS WILL NOT NEED TO TAKE ANY ACTION BEFORE THE SPRING. 
END SUMMARY. 
 
WHAT IS CIPRIS? 
--------------- 
 
2. THE COORDINATED INTERAGENCY PARTNERSHIP REGULATING 
INTERNATIONAL STUDENTS (CIPRIS) GREW OUT OF AN INS TASK 
FORCE ESTABLISHED IN 1995 TO REVIEW HOW TO GATHER 
INFORMATION FOR MONITORING F, M AND J VISA HOLDERS IN THE 
U.S. THE RECOMMENDATION OF THE TASK FORCE TO CREATE AN 
ELECTRONIC TRACKING SYSTEM FOR FOREIGN STUDENTS AND 
EXCHANGE VISITORS WAS FORMALIZED IN SECTION 641 OF THE 
ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY 
ACT OF 1996 (IIRIRA). THIS SECTION REQUIRES ALL POST- 
SECONDARY SCHOOLS AND EXCHANGE VISITOR PROGRAMS TO PROVIDE 
INFORMATION ON NATIONALS OF ALL COUNTRIES BY JANUARY 1, 
2003. THE TRACKING SYSTEM WAS DESIGNED TO BE SELF-FUNDED 
WITH FEES COLLECTED FROM FOREIGN STUDENTS AND EXCHANGE 
VISITORS. INS LAUNCHED A CIPRIS PILOT PROJECT AT 21 
SCHOOLS IN THE SOUTHEAST U.S. IN 1997 TO TEST THE 
FEASIBILITY OF AN ELECTRONIC TRACKING SYSTEM, WITH A VIEW 
TO EXPANDING THE PROGRAM NATIONWIDE BY THE 
CONGRESSIONALLY-ESTABLISHED DEADLINE. 
 
3. WHEN FULLY IMPLEMENTED, CIPRIS WILL BE AN ALL- 
ELECTRONIC SYSTEM WHICH WILL GIVE INS AND CONSULAR 
OFFICERS IMMEDIATE INFORMATION ON AN F, M OR J HOLDER'S 
STATUS. INITIALLY OVERSEAS POSTS WILL HAVE ACCESS TO THE 
CIPRIS DATA BASE THROUGH INS DIRECT, ENABLING THEM TO 
VERIFY F, M OR J INFORMATION SUCH AS WHEN AN I-20 OR IAP- 
66 WAS ISSUED AND WHETHER THE STUDENT IS CURRENTLY IN 
FULL-TIME ATTENDANCE AT A SCHOOL. EVENTUALLY POSTS WILL 
HAVE DIRECT COMPUTER LINKAGE TO THE CIPRIS SYSTEM, GIVING 
CONSULAR OFFICERS IMMEDIATE ACCESS TO STUDENT AND EXCHANGE 
VISITOR DATA WHEN INTERVIEWING APPLICANTS AND ADJUDICATING 
CASES. ISSUANCE DATA WILL BE DOWNLOADED INTO THE SYSTEM 
AND MADE AVAILABLE TO SCHOOLS AS WELL AS TO INS, CREATING 
A SEAMLESS FLOW OF INFORMATION WHICH SHOULD NEARLY 
ELIMINATE STUDENT VISA FRAUD AND SUBSTANTIALLY REDUCE THE 
AMOUNT OF PAPERWORK CONSULAR OFFICERS REQUIRE TO 
ADJUDICATE A STUDENT OR EXCHANGE VISITOR VISA. 
 
THE BATTLE OVER FEES 
--------------------- 
 
4. ALTHOUGH THE IDEA OF A CIPRIS PROGRAM HAS BEEN POPULAR 
WITH CONGRESS, IT HAS NOT BEEN RECEIVED WELL BY MANY 
SCHOOLS AND PROGRAMS WHICH HOST INTERNATIONAL STUDENTS AND 
EXCHANGE VISITORS. THESE SCHOOLS HAVE BALKED AT SOME 
PROVISIONS OF SECTION 641, IN PARTICULAR THE REQUIREMENT 
IN THAT LEGISLATION THAT SCHOOLS COLLECT THE CIPRIS FEE. 
THE EDUCATIONAL COMMUNITY'S TOOTH-AND-NAIL OPPOSITION TO 
THIS PROVISION VIRTUALLY ENDED ALL CIPRIS-RELATED ACTIVITY 
FOR MUCH OF 2000. INS FINALLY OVERCAME THIS OPPOSITION BY 
INTRODUCING LEGISLATION WHICH TRANSFERRED THE FEE 
COLLECTION RESPONSIBILITY FROM HOST SCHOOLS AND EXCHANGE 
PROGRAMS TO INS. THIS LEGISLATION WAS ATTACHED TO HR 3767 
-- THE VISA WAIVER BILL -- AND WAS SIGNED INTO LAW BY THE 
PRESIDENT ON OCTOBER 30, 2000. IN SPITE OF THIS FIX, 
CIPRIS STILL LIVES UNDER A SWORD OF DAMOCLES IN THE FORM 
OF A PROPOSED BILL WHICH WOULD REPEAL THE PROGRAM. THIS 
LEGISLATION, WHICH HAS THE BACKING OF MANY COLLEGES AND 
UNIVERSITIES, MAY BE INTRODUCED IN THE NEXT CONGRESS, 
ALTHOUGH THE DEPARTMENT BELIEVES ITS PASSAGE IS UNLIKELY. 
 
5. INS MADE SEVERAL MAJOR CONCESSIONS ON THE FEE ISSUE, 
NOTABLY ON WHO QUALIFIES FOR REDUCED OR FEE-EXEMPT STATUS, 
TO ENSURE ITS SUCCESS. BUT THE FEE AMENDMENT HAS AT LAST 
GIVEN THE SERVICE THE FISCAL TOOL IT NEEDED TO GO FULL- 
STEAM ON CIPRIS IMPLEMENTATION. INS' ABILITY TO COLLECT 
THE FEE IS VITAL TO THE PROGRAM'S SUCCESS; CIPRIS IS 
EXPECTED TO BE SELF-FUNDING AND THE SERVICE NEEDS THE 
CIPRIS REVENUE TO TAKE THE PROGRAM BEYOND THE PLANNING 
STAGE. THE AMENDMENT ALLOWS INS TO COLLECT A $95 FEE FOR 
MOST STUDENTS AND EXCHANGE VISITORS, AN AMOUNT INS 
CALCULATED WAS A PER-CAPITA MINIMUM TO PAY FOR THE 
PROGRAM. SOME FS, MS AND J'S, NOTABLY THOSE ATTENDING 
SECONDARY SCHOOL, EXCHANGE VISITORS SPONSORED BY THE USG, 
AND F-2, J-2 AND M-2 APPLICANTS, WILL BE EXEMPT FROM THE 
FEE. OTHERS, SPECIFICALLY AU PAIRS, CAMP COUNSELORS AND 
SUMMER WORK/TRAVEL PARTICIPANTS, WILL PAY A REDUCED, $40 
FEE. 
 
6. BECAUSE OF THE LONG HIATUS IN CIPRIS DEVELOPMENT WHICH 
OCCURRED WHILE THE FEE COLLECTION BATTLE WAS BEING FOUGHT, 
INS WILL ALMOST CERTAINLY NOT BE ABLE TO MEET CONGRESS' 
JANUARY 1, 2003 TIMETABLE TO HAVE THE PROGRAM UP AND 
RUNNING WORLDWIDE. HOWEVER, INS PLANS TO ESTABLISH A BETA 
TEST OF CIPRIS BY MID-2001, TO BE CONDUCTED IN A SELECT 
GROUP OF SCHOOLS AND EXCHANGE VISITOR PROGRAMS IN THE 
BOSTON AREA. FOLLOWING THIS BETA TEST, INS WILL GRADUALLY 
PHASE IN CIPRIS REGION-BY-REGION UNTIL ALL SCHOOLS AND 
 
EXCHANGE VISITOR PROGRAMS ARE COVERED, PROBABLY SOMETIME 
IN 2005. POSTS WILL BE TIED INTO THE CIPRIS SYSTEM AS OUR 
DATASHARE LINKS WITH INS ARE DEVELOPED. 
 
WHAT THE HR 3767 FEE AMENDMENT MEANS FOR POSTS 
--------------------------------------------- - 
 
7. INS IS NOW HARD AT WORK DEVELOPING A SIMPLE, NO-FRILLS 
SYSTEM FOR COLLECTING THE F/M/J FEE, IN AN EFFORT TO GET 
CIPRIS FUNDS FLOWING AS SOON AS POSSIBLE. AMONG OTHER 
TASKS, INS' CIPRIS TEAM IS DRAFTING FEDERAL REGISTER 
REGULATIONS AND GUIDELINES FOR FEE COLLECTION, AND IS 
DEVELOPING THE FORM (DESIGNATED AN ""-901" BY INS) WHICH 
STUDENTS WILL SUBMIT TO THE "LOCKBOX" ALONG WITH THEIR FEE 
PAYMENT. INS HOPES TO HAVE BOTH OF THESE ITEMS COMPLETED 
BY EARLY 2001, AT WHICH TIME IT CAN BEGIN COLLECTING THE 
FEE FROM NEW STUDENTS AND EXCHANGE VISITORS. ONCE 
IMPOSED, INS WILL COLLECT THE FEE FROM ALL NON-EXEMPT 
FIRST-TIME STUDENTS AND EXCHANGE VISITORS REGARDLESS OF 
WHETHER THEIR SCHOOL OR PROGRAM IS YET PARTICIPATING IN 
CIPRIS. 
 
8. AS INS HAS OUTLINED, STUDENT AND EXCHANGE VISITOR VISA 
APPLICANTS WILL BE REQUIRED TO PAY THE CIPRIS FEE AFTER 
THEY OBTAIN AN I-20 OR IAP-66, BUT BEFORE THEY APPLY FOR 
THE VISA. THE FEE IS NON-REFUNDABLE, EVEN IF THE APPLICANT 
FAILS TO OBTAIN A VISA. BANK ONE (A CHICAGO-BASED BANK) 
WILL BE THE LOCK-BOX FOR THE FEES. AFTER RECEIVING THE I- 
20 OR IAP-66, A PROSPECTIVE STUDENT OR EXCHANGE VISITOR 
WILL HAVE TO SUBMIT THE I-901 FORM AND PAYMENT TO BANK ONE 
(FORM AND PAYMENT INFORMATION WILL BE AVAILABLE ONLINE ON 
BOTH THE INS AND BANK ONE WEBSITES). THEY MAY PAY BY 
CREDIT CARD, BANK DRAFT, OR EVEN CASH. UPON RECEIPT OF 
THE I-901 AND PAYMENT, BANK ONE WILL ISSUE A RECEIPT, IN 
THE FORM OF INS' FAMILIAR I-797 "NOTICE OF ACTION." THIS 
FEE RECEIPT WILL BE MAILED TO THE APPLICANT AT THE ADDRESS 
DESIGNATED ON THE I-901. THE APPLICANT WILL PRESENT THE I- 
797 FEE RECEIPT, ALONG WITH THE I-20 OR IAP-66, AT THE 
TIME OF VISA APPLICATION. PRESUMABLY STUDENT AND EXCHANGE 
VISITOR APPLICANTS WHO DO NOT HAVE PROOF OF CIPRIS FEE 
PAYMENT IN THE FORM OF THE I-797 RECEIPT WILL BE REFUSED 
221(G). 
 
A WORK IN PROGRESS 
------------------ 
 
9. AT THIS POINT, IT IS DIFFICULT TO SAY WITH ANY 
CERTAINTY WHEN INS WILL BEGIN COLLECTING THE CIPRIS FEE, 
ALTHOUGH THE SERVICE HOPES TO HAVE FEE COLLECTIONS UP AND 
 
RUNNING BY EARLY 2001. MANY ISSUES RELATING TO THE FEE 
PAYMENT REQUIREMENTS HAVE YET TO BE WORKED OUT. FOR 
EXAMPLE, INS AND BANK ONE ARE STILL DELIBERATING ON HOW 
BEST TO REPLACE LOST OR MISDIRECTED I-797 RECEIPTS. THE 
SYSTEM IS DESIGNED TO WORK BEST FOR THOSE WITH INTERNET 
ACCESS, BUT FOR STUDENTS NOT CONNECTED TO THE WEB, PAYING 
THE FEE MAY BE MORE PROBLEMATICAL. AND EDUCATING THE 
INTERNATIONAL STUDENT AND EXCHANGE VISITOR COMMUNITY ABOUT 
THE NEW FEE WILL BE A MAJOR UNDERTAKING WHICH WILL FALL 
MOSTLY ON INS BUT WITH WHICH POSTS, AND OTHER STAKEHOLDERS 
IN THE PROGRAM, MAY BE CALLED ON TO ASSIST. 
 
10. THE VISA OFFICE HAS BEEN WORKING CLOSELY WITH INS TO 
ENSURE THAT THE CIPRIS PROGRAM WILL HAVE A MINIMAL IMPACT 
ON OUR POSTS ABROAD AND AT THE SAME TIME WILL SERVE OUR 
OWN LONG-TERM GOALS OF REDUCING WORKLOAD AND ELIMINATING 
FRAUD IN THE STUDENT AND EXCHANGE VISITOR PROGRAMS. WE ARE 
CONFIDENT THAT THE PROGRAM ULTIMATELY WILL ACHIEVE ALL 
THESE ENDS. WE WILL CONTINUE TO COORDINATE CLOSELY WITH 
INS AS THE FEE COLLECTION SYSTEM, AND CIPRIS ITSELF, ARE 
CLOSER TO REALITY. WE WILL KEEP POSTS CLOSELY APPRISED OF 
ANY NEW DEVELOPMENTS, PARTICULARLY AS THEY RELATE TO OUR 
ROLE IN FEE COLLECTIONS IN THE COMING MONTHS. 
TALBOTT 
 
NOTE: POUCH ADDRESSEES PROTECTED BY IRM/MSO