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Status of Fee Impositions for F, J, and M Students
Posted
Mar 11, 2001
On February 6, 2001, the U.S. Department of State (DOS) issued a cable to
all consulates regarding INS plans to charge a fee to all applicants for F,
J, and M visas. The fee would go to cover the costs of maintaining the
CIPRIS program, a database system that tracks the status of foreign
students. INS plans to implement the fee collection some time in 2001.
However, consulates have expressed concerns about the fee collection
process, as well as about the fee itself. DOS indicates in the cable that it
is working with INS to resolve some of the problems raised.
Problems Cited by Consulates
INS had proposed a system that relies heavily on the internet for providing
information about the fee procedures, and also for processing payments. The
easiest way to pay the fee would be by using a credit card online. However,
not everyone in most of the developing countries has access to the internet,
and in many countries credit cards are not commonly used either. So DOS has
to consider an alternative, convenient system for paying the fee by cash or
check.
If a person pays by mail, it could take several weeks to get a receipt back
from INS. Waiting for the receipt could delay visa issuance, and some
students may not be able to get to the U.S. in time for the start of the
academic year. These delays could mean more workload for the consulates,
because they will have to respond to more inquiries from applicants and
there may be last-minute rushes.
The consulates were concerned that the proposed fee of $95 is very
expensive, especially because it is supposed to be non-refundable even if
the visa is refused. Posts worry that that the fee will cause resentment and
that other countries will retaliate by imposing similar fees on U.S.
students.
INS has to be careful not to begin charging the fee during the summer rush
time, but instead to initiate it at a different time of year, to avoid
overwhelming the consulates. That way, by the time the next rush comes
around, the procedures will already be in place for collecting the fee.
Proposed Solutions
INS is exploring the possibility of collecting the fee at certain overseas
bank branches, rather than mailing the payment to the U.S. They are also
looking into giving applicants an option of requesting the receipt by
express mail delivery, though there would be an additional cost for that
service. Also, DOS has suggested that there should be a way for J1 program
sponsors to pay the fee in advance, for a whole group of program
participants at one time. Even under the system currently proposed by INS,
it would be possible for a program sponsor or relative to pay the fee in
advance for a J1 applicant. What DOS suggests is a mechanism to pay for a
large number of people at one time. For example, summer work-study program
applications tend to be submitted without much lead time.
INS is also concerned about timing issues, and hopes not to begin the
program during a rush season. However, there may not be much flexibility on
the timing, due to statutory mandates.
DOS has requested access to payment information online, so that payments can
be confirmed if the visa applicant has not yet obtained the receipt.
Plans Not Yet Final
Again, INS and DOS are working together to develop procedures. INS hopes to
publish the final regulation in late spring or early summer of 2001, though
the process may take longer.
©
The
Law Office of Sheela Murthy, P.C.
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