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

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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

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INTERNATIONAL STUDENT ENROLLMENT DECLINES

UCLA School/Division NEW CONT RET TOT NEW CONT RET TOT NEW CONT RET TOT NEW CONT RET TOT

COLLEGE 83 416 15 514 106 434 18 558 -23 -18 -3 -44 -21.7% -4.1% -16.7% -7.9%

Humanities 16 72 5 93 17 79 4 100 -1 -7 1 -7 -5.9% -8.9% 25.0% -7.0%

Life Science 5 38 0 43 9 32 0 41 -4 6 0 2 -44.4% 18.8% 4.9%

Physical Science 24 151 3 178 42 157 4 203 -18 -6 -1 -25 -42.9% -3.8% -25.0% -12.3%

Social Science 35 151 7 193 29 163 9 201 6 -12 -2 -8 20.7% -7.4% -22.2% -4.0%

International Institute 2 4 0 6 2 2 1 5 0 2 -1 1 0.0% 100.0% -100.0% 20.0%

UCLA Access Program 1 0 0 1 7 1 0 8 -6 -1 0 -7 -85.7% -100.0% -87.5%

PROFESSIONAL SCHOOLS 213 630 26 869 277 670 27 974 -64 -40 -1 -105 -23.1% -6.0% -3.7% -10.8%

Arts & Architecture 23 36 4 63 27 40 5 72 -4 -4 -1 -9 -14.8% -10.0% -20.0% -12.5%

Engineering & Applied Science 94 427 16 537 138 467 13 618 -44 -40 3 -81 -31.9% -8.6% 23.1% -13.1%

Education & Information Studies 5 26 0 31 10 26 2 38 -5 0 -2 -7 -50.0% 0.0% -100.0% -18.4%

Management 66 96 1 163 74 92 1 167 -8 4 0 -4 -10.8% 4.3% 0.0% -2.4%

Public Affairs 8 20 4 32 12 18 3 33 -4 2 1 -1 -33.3% 11.1% 33.3% -3.0%

Theater, Film & TV 17 25 1 43 16 27 3 46 1 -2 -2 -3 6.3% -7.4% -66.7% -6.5%

HEALTH SCIENCES 32 74 3 109 32 69 1 102 0 5 2 7 0.0% 7.2% 6.9%

Basic Biomedical Science 0 8 0 8 0 9 0 9 0 -1 0 -1 -11.1% -11.1%

Health Science Academic 10 47 1 58 10 43 0 53 0 4 1 5 0.0% 9.3% 9.4%

Nursing 1 3 0 4 3 2 0 5 -2 1 0 -1 -66.7% 50.0% -20.0%

Special Fee 21 16 2 39 19 15 1 35 2 1 1 4 10.5% 6.7% 100.0% 11.4%

TOTAL GRADUATE DIVISION 328 1,120 44 1,492 415 1,173 46 1,634 -87 -53 -2 -142 -21.0% -4.5% -4.3% -8.7%

FALL 2004 FALL 203 NUMBER CHANGE PERCENT CHANGE

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)

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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) • India are 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)

March 1, 2004

March 1, 2005

Total Applications

19,215 17,463

Domestic 13,086 11,869

International  6,129 5,594

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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)

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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

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INCREASE IN NRT AT UCLA

Academic Year Total Fees* NRT**

Total Fees and

NRT Cost***

Annual % Change

in Fees

Annual % Change

in NRT

Annual % Change

in Total Cost

2004/2005 (0) $7,478.50 $14,694.00 $22,172.50 14% 20% 18%

2003/2004 (1) $6,562.50 $12,245.00 $18,807.50 35% 10% 18%

2002/2003 (2) $4,873.50 $11,132.00 $16,005.50 3% 4% 4%

2001/2002 (2) $4,740.00 $10,704.00 $15,444.00 1% 4% 3%

2000/2001 (2) $4,693.50 $10,244.00 $14,937.50 2% 4% 4%

1999/2000 (2) $4,594.50 $9,804.00 $14,398.50 0% 4% 3%

1998/1999 (2) $4,594.50 $9,384.00 $13,978.50 2% 4% 4%

1997/1998 (2) $4,501.50 $8,984.00 $13,485.50 1% 7% 5%

1996/1997 (3) $4,443.00 $8,394.00 $12,837.00 14% 9% 11%

1995/1996 (3) $3,889.50 $7,698.00 $11,587.50 -7% 0% -2%

1994/1995 (3) $4,165.50 $7,698.00 $11,863.50

UCLA Graduate Student Total Annual Mandatory Fees 1995-present

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EUROPEAN UNION (EU)

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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)

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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)

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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

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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

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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.

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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

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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 2004http://opendoors.iienetwork.org

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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

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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.

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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…

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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)

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A TYPICAL GRADUATE STUDENT

• Top recruit• Admit offer• Returns SIR• Financial Documentation• Issue I-20• Next…

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UCLA INTERNATIONAL STUDENTS, 2001

Other Middle East

2%

Iran

2%

Other Asia and Pacific

Islands

5%

Subsaharan Africa

2%

Peoples Republic of China

21%

Republic of Korea

12%

Republic of China

11%India

8%Japan

6%Hong Kong

2%

Other Americas and

Carribean

0%

Turkey

2%

Brazil

2%

United Kingdom

2%

France

2%

Other Europe

13%

Italy

2%

Canada

4%

Fall 2001 Total Campus Registrants of International Graduate Students by Country of Citizenship or Region

(Students with temporary visas only)

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UCLA INTERNATIONAL STUDENTS, 2001

Public Policy and

Social Research

2%

Public Health

7% Medicine (MD)

0%

Law (JD & MCL)

1%Dentistry (DDS)

0%

Health Science

Academic

3%

Special Fee

2%

Nursing

0%

Arts and Architecture

5%

L&S / Health Sc Acad

0%

Social Science

12%

Physical Science

10%

Life Science

2%

Humanities

6%

Education & Info

Studies

3%Engineering

33%

Management

11%

Fall 2001 Total Campus Registrants of International Graduate Students by Field and School

(Students with temporary visas only)

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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)

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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

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VISAS ISSUED, 1995 TO PRESENT

All Non Immigrant Visas F1, J1, and M1

1995, 6.18M TBS1996, 6.23M TBS1997, TBS TBS1998, TBS TBS1999, TBS 480,1312000, TBS 526,9972001, 7.58M 560,4992002, 5.76M 492,2792003, 4.81M 473,7162004, 5.05M 478,219

SOURCE: TBS—TO BE SUPPLIED; US State Department, Visa Office, February 2005

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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

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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

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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)

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SEVERAL PROBLEMATIC PASSPORTS

SOURCE: Google Images

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STATE SPONSORED TERRORISM (STATE)

6 nation states which sponsor terrorism, as of 2005:

CubaIran

Libya North Korea

SudanSyria

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)

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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

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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

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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

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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

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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

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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".

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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)

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(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

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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

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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

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MANTIS SAO BACKLOGS DECLINE

76.23

71.66

58.08

45.45

56.74

46.42

39.81

30.78

21.53

13.8414.51

47.57

21.8722.02

22.47

0.00

10.00

20.00

30.00

40.00

50.00

60.00

70.00

80.00

90.00

Oct-03 Nov-03 Dec-03 Jan-04 Feb-04 Mar-04 Apr-04 May-04 Jun-04 Jul-04 Aug-04 Sep-04 Oct-04 Nov-04 Dec-04

Month

Ave

rage

Tim

e to

Cle

ar in

Day

sAverage Time to Clear Mantis SAOs by

Month as of 1/3/2005 VISTA Data

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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

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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

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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

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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

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FY 2003 F-1 VISA DENIALS (GAO)

Nationality F-1 Issued F-1 Refused F WorkloadRough Estimate

of % Refused

South Korea 34,697 8,119 42,816 18.96

China (and Taiwan) 31,322 22,995 54,317 42.33

Japan 25,962 1,387 27,349 5.07

India 20,320 17,973 38,293 46.94

Brazil 7,625 1,761 9,386 18.76

Germany 5,376 1,122 6,498 17.27

Great Britain 3,536 874 4,410 19.82

Russia 1,645 1,325 2,970 44.61

Poland 1,243 906 2,149 42.16

All others 103,853 71,733 175,586 40.85

TOTAL 235,579 128,195 363,774 35.24

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FY 2003 J-1 VISA APPROVALS (GAO)

Nationality J visas issued J visas refused J workload

Rough Estimate of % Approved

South Korea 14,218 1,507 15,725 90.4

China (mainland and Taiwan) 10,171 7,003 17,174 59.2

Japan 11,377 305 11,682 97.4

India 5,311 1,718 7,029 75.6

Brazil 8,297 520 8,817 94.1

Germany 22,600 923 23,523 96.1

Great Britain 17,354 1,052 18,406 94.3

Russia 17,185 8,412 25,597 67.1

Poland 20,675 2,637 23,312 88.7

All others 156,472 30,537 187,009 83.4

Total 283,660 54,614 338,274 83

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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

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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

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PORT OF ENTRY DIGITAL SCREENING

US-VISIT (United States Visitor and Immigrant Status Indicator Technology) involves:

1. “Inkless, digital finger scanner captures scans of left and right index fingers.

2. Officer then takes a digital photograph.

3. 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.

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THINGS TO AVOID…

• Congressional offices cannot expedite visas

• Embassies and consulates probably should not be contacted directly about particular visa applications

51

APPLICANT RECOMMENDATIONS

• Applicants should consistently use their passport name on all other official documentation

• Follow the recommendations and tips at http://travel.state.gov for the US consular office which has jurisdiction…

52

FACULTY RECOMMENDATIONS

• On international trips, give a talk about getting into US graduate schools

• Make earlier departmental decisions

• Increase departmental support to international students

• Goal: change perception that the US is not welcoming and that visas are hard to get

53

DEAN RECOMMENDATIONS

• NRT waivers and IELTS/TOEFL inter-changeability

• Propose paying for SEVIS fee

• Support staff membership in NAFSA

• Consider visiting US Congress on macro visa topics:• Representative (Boehner, R-OH; Lugar, R-

IN)• Senator (Gregg, R-NH; Kennedy, D-MA)• Members, Committee on Government

Reform

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UNIVERSITY STAFF RECOMMENDATIONS

• Encourage applicants to use name on passport consistently on all official documents

• Campaign for NRT waivers

• Consider writing US Congress re macro issues:• Representative• Senator• Members, Committee on Government

Reform

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FURTHER QUESTIONS

• What else would you like to know about?

• What other questions do you have?

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READINGS

Barr, Stephen. “At Foreign Service, Road to the Top Will Run Through Hardship Posts,” The Washington Post, 10 December 2004, p. B2.

Brender, Alan. “South Korean Seeks Huge Increaser in Number of Foreign Students,” Chronicle of Higher Education 51 (4 March 2005): A36

Brown, Heath A. and Syverson, Peter D. International Graduate Admissions Survey Program. Washington, DC: Council of Graduate Schools, Summer 2004.

Freedman, Samuel G. “Grad School’s International Glow Dims,” New York Times, 27 October 2004.

Gordon, Charles; Stanley Mailman and Stephen Yale-Loeh. Immigration Law & Procedure. ***: Matthew Bender, 2004.

Hanassab, Shideh and Tidwell, Romeria. “International Students in Higher Education: Identification of Needs and Implications for Policy and Practice,” Journal of Studies in International Education 6 (Winter 2002): 305-322.

Harty, Maury. “US Visa Policy: Securing Borders and Opening Doors,” Washington Quarterly 28 (Spring 2005): 23-34.

Hunt, Gaillard . The American passport; its history and a digest of laws, rulings and regulations governing its issuance Washington, DC: GPO, 1898.

Mervis, Jeffrey. “Is the U.S. Brain Gain Faltering?” Science 304 (no. 5675, 28 May 2004): 1278-1282.

Olaniran, Bolanle A.  and Williams, David E. ”Communication Distortion: An Intercultural Lesson from the Visa Application Process,” Communication Quarterly 43 n2 (Spring 1995): 225-40.

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EVEN MORE READINGS

Reid, T.R. The United States Of Europe: The New Superpower and the End of American Supremacy . New York: Penguin, 2004.

Selvaratnam, Viswanathan. Innovations in Higher Education. Singapore at the Competitive Edge. Washington, D.C.: The World Bank, 1994.

Stimpson, Catharine. “Foreign Students Need Not Apply,” CGS Communicator 39, no. 9 (November 2003): 1, 4.

Torpey, John et al. The Invention of the Passport: Surveillance, Citizenship and the State. Cambridge: CUP, 2000.

U.S. Department of State, Office of the Inspector General. Review of Nonimmigrant Visa Issuance Policy and Procedure. Memorandum Report ISP-I-03-26. Washington, DC: December 2002.

U.S. Department of State, “Technology Alert List,” 9 FAM 40.31, Exhibit I.

U.S. Department of State, Office of the Coordinator for Counterterrorism, “Overview of State-Sponsored Terrorism” (30 April 2001).

U.S. Congress. House of Representatives. “Dealing with Foreign Students and Scholars in an Age of Terrorism: Visa Backlogs and Tracking Systems.” Hearing before the Committee on Science. House of Representatives, One Hundred Eighth Congress, First Session (March 26, 2003).

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ACKNOWLEDGMENTS

• In UCLA’s Graduate Division: Dan Bennett (Graduate Admissions/Student & Academic Affairs), Mats Granlund (IRIS), Ken Hill (GEL), Jacqueline Nagatsuka (IRIS), Pamela Taylor (IRIS), Jim Turner (former AVC), and Mary Watkins (IRIS);

• In UCLA’s Graduate Student Association: Amanda Moussa and Michelle Sugi; and

• At US State Department: Kelly Shannon and Stephen “Tony” Edson (Head of Visa Services).