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INTERNATIONAL GRADUATE STUDENTS: Conflicts between Security and Science in the Issuing of Visas

Dr. John V. Richardson Jr. Associate Dean, UCLA Graduate Division Winter 2005. INTERNATIONAL GRADUATE STUDENTS: Conflicts between Security and Science in the Issuing of Visas. INTERNATIONAL STUDENT ENROLLMENT DECLINES.

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INTERNATIONAL GRADUATE STUDENTS: Conflicts between Security and Science in the Issuing of Visas

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  1. Dr. John V. Richardson Jr. Associate Dean, UCLA Graduate Division Winter 2005 INTERNATIONAL GRADUATE STUDENTS:Conflicts between Security and Science in the Issuing of Visas

  2. INTERNATIONAL STUDENT ENROLLMENT DECLINES Comparison of Fall 2004 and Fall 2003 Graduate Enrollment International Students by School/Division SOURCE: UCLA Graduate Division, IRIS (Dr. Pamela Taylor, 310.825.6453)

  3. GRADUATE APPLICATIONS DECLINE Total Applications are down by 9.1% Domestic Applications are down by 9.3% International Applications are down by 8.7% Applications from: the PRC are down by 19% (1694 to 1371) Taiwan are down by 3% (789 to 763) Indiaare down by 15% (826 to 702) Korea are down by 6.7% (984 to 918) Japan are down by18% (357 to 292) SOURCE: Dan Bennett (Graduate Admissions) and Mats Granlund (IRIS)

  4. A SERIOUS PROBLEM NATIONALLY Decline in applications Decline in offers Decline in acceptances “This is a serious problem for our country” according to Dr. Peter D. Spear, Provost at the University of Wisconsin (New York Times, 10 November 2004)

  5. MULTIPLE REASONS Increase in Non-Resident Tuition (NRT) EU’s Higher Education Zone (2010) English instruction in Hong Kong, Singapore, Australia and New Zealand Growing educational infrastructure in China, India, and elsewhere GRE suspensions Attitudes and perceptions of visa process Visa denials

  6. INCREASE IN NRT AT UCLA UCLA Graduate Student Total Annual Mandatory Fees 1995-present

  7. EUROPEAN UNION (EU)

  8. EU HEADS OF STATE (LISBON, 2000) Meeting in Lisbon in March 2000, heads of state set an ambitious ten-year goal for a united Europe, to have: “The most competitive and dynamic knowledge-based economy in the world by 2010” (European Commission)

  9. EU’S AREA OF HIGHER EDUCATION Aka the Bologna Process, Sorbonne Declaration, Prague Communiqué, and Berlin Communiqué The Bologna Process articulated multiple objectives of increased mobility, improved employability, and a more attractive and competitive area with: Harmonization by 2010 on the following: English language instruction, joint degrees, a common transcript, and internships SOURCE: http://www.eng.unibo.it/PortaleEn/University/Bologna+Process/default.htm (accessed 30 November 2004)

  10. HONG KONG HK’s University Grants Committee makes awards to 8 universities based on 3 exercises: Research Assessment Exercise, Teaching and Learning Quality Program Review, and Management Review $5 B “Technology and Innovation Fund” established in November 1997 SOURCE: http://www.ugc.edu.hk/english/documents/tlqpr.html and http://www.chamber.org.hk/memberarea/chamber_view/policy_statement_template.asp?id=440

  11. SINGAPORE Singapore has 3 universities (National University Singapore, Nanyang Technological University, and Singapore Management University) plus 4 polytechnics (Ngee Ann Polytechnic, Republic Polytechnic, Singapore Polytechnic, and Temasek Polytechnic), and One institute (Institute of Technical Education) SOURCE: http://www.moe.gov.sg/corporate/post_secondary.htm

  12. SOUTH KOREA Its Education Ministry wishes to nearly triple the number of its international students… Growth from17,000 to 50,000 in the next five years Korean website (www.studyinkorea.go.kr) Increases number of scholarships by 25 percent next year Promises to streamline student visa process 85% of its foreign students are from Asian countries SOURCE: Alan Brender, “South Korean Seeks Huge Increaser in Number of Foreign Students,” Chronicle of Higher Education 51 (4 March 2005): A36.

  13. AUSTRALIA AND NEW ZEALAND In 2003, Australia enrolled 539 international students in the natural sciences, engineering, and information technology; 108 are from China; about 45 in science and 30 in engineering from India Online visa application for study in Australia Higher education is a $5B industry for Australia SOURCE: Mervis, Science, May 2004 and http://www.immi.gov.au/e_visa

  14. FIRST US DECLINE SINCE 1971 Uninterrupted enrollment growth in international students for three decades 2.4 percent decline in fall 2003 SOURCE: Institute of International Education, Open Doors 2004 http://opendoors.iienetwork.org

  15. GRE SUSPENSIONS In 2002, ETS suspended GRE General Test in China, South Korea, and Taiwan due to widespread cheating as evidenced by monthly scalloping of scores From Fall 2002 to Spring 2003, ETS suspended GRE Computer Science in China and India due to “sharing of questions” In April 2003, ETS suspended GMAT, GRE, TOEFL, and other tests in China for two months due to SARS SOURCE: Mervis, Science May 2004 citing David Payne at ETS (Princeton, NJ) and http://www.ets.org/news/archive.html

  16. FEWER GRE EXAM TAKERS Percentage change from 2002/03 to 2003/2004: India, down 56% China, down 51% South Korea, down 28% Re-start of GRE on paper; takers still down SOURCE: ETS; “U.S. Slips in Status as Global Hub of Higher Education,” New York Times, 21 December 2004, p. A1 and A19.

  17. ATTITUDES AND PERCEPTIONS Response to 9/11 America is for Americans America is less safe (crime and popular culture) New languages and cultures are a threat “No one will speak my language…” Long visa delays (of the past) “It’s not worth queuing up for two days outside the U.S. consulate…” High likelihood of (type of) visa denial Visas are hard to get…

  18. PERCEPTUAL CHANGES,1999 TO 2003 SOURCE: Office of Research, State Department; Pew Center for the People and the Press at http://people-press.org/reports/display.php3?ReportID=175  (2003)

  19. A TYPICAL GRADUATE STUDENT Top recruit Admit offer Returns SIR Financial Documentation Issue I-20 Next…

  20. UCLA INTERNATIONAL STUDENTS, 2001 Fall 2001 Total Campus Registrants of International Graduate Students by Country of Citizenship or Region (Students with temporary visas only)

  21. UCLA INTERNATIONAL STUDENTS, 2001 Fall 2001 Total Campus Registrants of International Graduate Students by Field and School (Students with temporary visas only)

  22. BUREAU OF CONSULAR AFFAIRS (STATE) “CA administers laws, writes regulations and implements policies relating to a broad range of consular services …including issuing visas and travel advisories.” Funded predominately by fee collections Processed 8M visa applications with a staff of 400 in 1990 up to 10M with 600 staff in 2001; Mexico City and Seoul process the majority of non-immigrant visas (NIV) SOURCE: GAO; State OIG ISP I 03 26 (December 2002)

  23. WHAT IS A VISA? “If you’re a citizen of a foreign country, in most cases you’ll need a visa to enter the United States. “A visa doesn’t permit entry to the U.S., however. A visa simply indicates that your application has been reviewed by a U.S. consular officer at an American embassy or consulate, and that the officer has determined you’re eligible to enter the country for a specific purpose. Consular affairs are the responsibility of the U.S. Department of State. “A visa allows you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. Only the immigration officer has the authority to permit you to enter the United States. He or she decides how long you can stay for any particular visit. Immigration matters are the responsibility of the U.S. Department of Homeland Security.” SOURCE: http://www.unitedstatesvisas.gov/whatis/index.html

  24. VISAS ISSUED, 1995 TO PRESENT All Non Immigrant Visas F1, J1, and M1 1995, 6.18M TBS 1996, 6.23M TBS 1997, TBS TBS 1998, TBS TBS 1999, TBS 480,131 2000, TBS 526,997 2001, 7.58M 560,499 2002, 5.76M 492,279 2003, 4.81M 473,716 2004, 5.05M 478,219 SOURCE: TBS—TO BE SUPPLIED; US State Department, Visa Office, February 2005

  25. STUDENT & EXCHANGE VISITOR INFORMATION SYSTEM (DHS/ICE) Aka SEVIS, required by Congress in 2002 under the “Enhanced Border Security…Act” 1 August 2003 deadline for entering all international students into this system ATLAS, Newfront™ enterprise software, version 6.1 for managing student data

  26. APPLICANT CALLS POST FOR… An appointment in the proper consular district and then… Waits (wait was “generally 2 weeks or more”); since FY2003 students, however, are given priority appointments… Their student data must be in SEVIS first… Interviewed in person by the post…and may require: Form I-20 AB “Certificate of Eligibility for Nonimmigrant (i.e., F-1) Student Status” or Form DS-2019 “Certificate of Eligibility for Nonimmigrant Visitor (i.e., J-1) Status” Form DS-156 “Non-immigrant Visa Application” and, if male, then a Form DS-157 “Supplemental Non-immigrant Visa Application” (both are electronic) Form I-901 “Fee Remittance for Certain F, J, and M Nonimmigrants” Includes a photograph and a quick fingerprint scan Payment of fees (for example, $100 application fee, $100 SEVIS fee, plus any reciprocal fee) SOURCE: US GAO 04—371 and http://www.ice.gov/graphics/sevis/pdf/I-901.pdf and State

  27. JURIDICAL PERSONS (PASSPORTS) Identification (who you say that you are) Validation (who you really are) Since the 18th Century, nation states have tried to control the internal as well as external movement of citizens and foreigners SOURCE: Torpey, Invention of Passports (2004)

  28. SEVERAL PROBLEMATIC PASSPORTS SOURCE: Google Images

  29. STATE SPONSORED TERRORISM (STATE) 6 nation states which sponsor terrorism, as of 2005: Cuba Iran Libya North Korea Sudan Syria SOURCE: http://www.state.gov/s/ct and 9 FAM 40.31, Exhibit II; http://www.state.gov/s/ct/rls/pgtrpt/2000/2441.htm and http://foia.state.gov/masterdocs/09FAM/0940031X2.PDF (Iraq was removed in 2004)

  30. CONSULAR POST Each embassy or consulate abroad offers its own free advice, guidelines, “how-to,” and other tips on their own Websites at: http://www.unitedstatesvisas.gov and “Links to U.S. Embassies and Consulates Worldwide” at http://travel.state.gov/travel/abroad_embassies.html

  31. CONSULAR OFFICER What does a consular officer do? acquire expertise in local laws, economic conditions, political situation and culture to make informed and rapid decisions affecting US citizens abroad help American citizens obtain emergency medical assistance evacuate American citizens as disasters or armed conflicts require visit arrested Americans and ensure they have access to legal counsel Re-issue passports to US citizens screen foreign visa applicants and decide whether to issue or deny visa to travel to the U.S. port of entry SOURCE: http://www.careers.state.gov/officer/co.html

  32. A CONSULAR INTERVIEW INTERVIEWER: Why do you want to go and study in our country? INTERVIEWEE: Well, sir…I think…hm, eh, I mean going abroad will allow me to be more knowledgeable, and hm…, it will provide me with necessary tools that can help me with my future career. Also, by going abroad to study…I think I can learn more about other people. INTERVIEWER: Are you saying you can’t learn all those things in this country? INTERVIEWEE: No sir. INTERVIEWER: OK, why do you want to go and study in our country? INTERVIEWEE: I would like to go there to further my study and because I have some friends who are studying there right now. SOURCE: Olaniran and Williams (1995): 230-231

  33. CLASS (State) Consular Lookout And Support System (CLASS), a watch list and “every visa applicant must be name checked prior to adjudication and issuance” A name check database consisting of 20 million records of “visa refusals, immigration violations, and terrorism concerns” Reviews name, DOB, and nationality in the database A fuzzy logic query returns either of two results: Negative record (i.e., high likelihood of visa without further investigation) Positive (i.e., a derogatory means potential ineligibility) A negative record means the visa can be printed However, a positive “hit” may invoke an Security Advisory Opinion (SAO) SOURCE: 9 FAM Appendix D and Tony Edson, Head of VISA Office State, 10 January 2005

  34. CONSULAR CONSOLIDATED DATABASE Consular Consolidated Database (CCD), a database of visa applications, non-immigrant visas, US passports, service to American citizens abroad: Which interacts with uploaded SEVIS information (i.e., Forms I-20 or DS-2019): I-20, application form for F-1 visa, identifying the field of study, length of study, and reporting date DS-2019, application form for J-1 visa 80 M records, 40M of which have biometric facial photos and can be run against face matching software

  35. SECURITY ADVISORY OPINION Aka SAO; simply, a written opinion from Washington on student’s clearance Only 2.5% of all visas require SAO’s (Maura Harty, Assistant Secretary of State for Consular Affairs) Approval comes as a cable; for example, "Donkey Mantis 99 State 99999".

  36. SAO (State) Security Advisory Opinion may involve: Central Intelligence Agency Commerce Department Department of Defense Department of Homeland Security Drug Enforcement Agency Federal Bureau of Investigation’s Investigative Division (response database as well as its National Criminal Information Center (NCIC)) Interpol State Department’s Bureau of Non-proliferation Treasury’s Office of Foreign Asset Control and Secret Service And any other agencies which report back to the State Department within 15 days, and which then prepares and forwards it to the post… SOURCE: http://travel.state.gov/visa/testimony10.html; GAO 04-371 (February 2004)

  37. (State) Now classified “official use only;” aka “critical fields list” covers 200 scientific and technical fields In August 2002, TAL’s last public iteration included 16 areas: advanced ceramics, advanced computer/microelectronic technology; aircraft and missile propulsion and vehicular systems; chemical and biotechnology engineering; conventional munitions; high-performance metals and alloys; information security; laser and directed energy systems; marine technology; materials technology; navigation and guidance control; nuclear technology; remote imaging and reconnaissance; robotics; and sensors. As recently as November 2000, the list included: “conventional munitions, nuclear technology, rocket systems and unmanned vehicles, navigation, avionics and flight control; chemical, biotechnical and biomedical engineering; remote sensing; advanced computer and microelectronic technology; materials technology; information security; laser and directed energy systems; sensors and sensor technology; marine technology; robotics; and urban planning.” SOURCE: 9 FAM 40.31, Appendix 1; August 2002 http://foia.state.gov/masterdocs/09fam/0940031X1.pdf

  38. VISAS MANTIS (codeword1) Dating from the cold war, involves illegal technology transfer Cablegrams are urgent telegrams According to 9 FAM 300, App. E Mantis criteria, illegal transfer of sensitive technology Codeword1 according to 9 FAM 300, App. E Bear, foreign government officials Condor, special target demographic: “male national between the ages of 16 and 45 from a classified list of countries” (Section 306) Donkey, derogatory watch list information (CLASS hit) Eagle, name check for certain nationalities (such as People’s Republic of China nationals applying in China or Russian nationals applying in Russia) SOURCE: State OIG, Memo Report ISP-I-03-26; Tony Edson, 10 December 2004

  39. VISAS MANTIS (State) Started in January 1998 in its current form See Maura Harty, Assistant Secretary of State’s Op Ed Piece in Chronicle of Higher Education, 8 October 2004 Concern is Illegal transfer of sensitive technology Five full-time from BCA, State employees help ensure the process moves smoothly, with more in other agencies which actually do the clearance Backlogs of 2K cases in the summer of 2002; peaks in late December 2003 (see next slide) Wait times are now posted for individual consulates China is the largest source of MANTIS cases Expedited clearing is possible SOURCE: http://usinfo.state.gov/gi/Archive/2004/Feb/27-585249.html; http://travel.state.gov/visa/testimony10.html

  40. MANTIS SAO BACKLOGS DECLINE Average Time to Clear Mantis SAOs by Month as of 1/3/2005 VISTA Data

  41. IMMIGRATION AND NATIONALITY ACT P.L. 82-414; 8 USC 1101 et seq. This 1952 Act has been amended numerous times including: Illegal Immigration Reform and Immigrant Responsibility Act of 1996 The USA PATRIOT Act of 2001 (FBI access) Enhanced Border Security and Visa Reform Act of 2002; and Homeland Security Act of 2002. SOURCE: www.uscis.gov

  42. INA 214 (b) VISA DENIALS “Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...” WHAT CONSTITUTES "STRONG TIES"? “Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. ‘Ties’ are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.” SOURCE: http://travel.state.gov/visa/frvi_denials.html

  43. P.L. 107-173 “Enhanced Border Security and Visa Entry Reform Act of 2002” “America is not a fortress; no, we never want to be a fortress. We're a free country; we're an open society. And we must always protect the rights of our law--of law-abiding citizens from around the world who come here to conduct business or to study or to spend time with their family,” according to President Bush on 14 May 2002. Title 3 (Visa Issuance), Section 306 “State Sponsored Terrorism” State met the 26 October 2004 deadline for biometric finger scans of all visa applicants; also done at port of entry (POE) SOURCE: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ173.107

  44. SUCCESS…VISA IS ISSUED Waiting for an approved: I-129 “Petition for a Non-immigrant Worker” I-797 “Notice of Action” from the DHS, Bureau of Citizenship and Immigration Services

  45. FY 2003 F-1 VISA DENIALS (GAO)

  46. FY 2003 J-1 VISA APPROVALS (GAO)

  47. COMPUTER ASSISTED PASSENGER PRESCREENING PROGRAM II (TSA) 15 minutes before departure; airline manifest is shared with US government Proposed on January 2003, CAPPS II (Passenger and Aviation Security Screening Records) would compare “passenger records…against commercial data-bases [such as Lexis-Nexis and Acxiom, using name, home address and telephone, and DOB]…and [then] national security information [looking for criminal and terrorist records].” Would score all passengers, but especially non-US citizens, with a number and a color Currently, cash customers and one-way ticket purchases are subject to secondary screening; “SSS” or “***” is marked on the boarding pass SOURCE: http://www.dhs.gov/dhspublic/display?content=1115

  48. PORT OF ENTRY “Your passport, valid for at least six months beyond the date of your expected stay; With the attached envelope; When you receive your nonimmigrant visa at a U.S. embassy or consulate, the consular officer will seal your immigration documents in an envelope and attach it to your passport. You should not open this envelope! The Customs and Border Protection Officer at the U.S. Port of Entry will open the envelope; and SEVIS Form I-20.” “In addition, it is strongly recommended that you also hand carry the following documentation: Evidence of financial resources; Evidence of student status, such as recent tuition receipts and transcripts; Paper receipt for the SEVIS fee, Form I-797, and Name and contact information for your “Designated School Official”, including a 24-hour emergency contact number at the school.” “If Arriving By Air: Flight attendants will distribute Customs Declaration Forms (CF-6059) and Arrival Departure Record Forms (I-94). These must be completed prior to landing.” SOURCE: http://www.ice.gov/graphics/sevis/factsheet/100104ent_stdnt_fs.htm

  49. PORT OF ENTRY DIGITAL SCREENING US-VISIT (United States Visitor and Immigrant Status Indicator Technology) involves: “Inkless, digital finger scanner captures scans of left and right index fingers. Officer then takes a digital photograph. Biographic and biometric data are used to match identity against State Department data acquired when visa was issued.” SOURCE: DHS; “More Ports of Entry to Use Digital Screening,” LA Times, 4 January 2005, p. A14.

  50. THINGS TO AVOID… Congressional offices cannot expedite visas Embassies and consulates probably should not be contacted directly about particular visa applications

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