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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.




 


 
 

Posted Mar 11, 2001