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"Visas and Work Permits: Can GATS/WTO help or is a New Global Entity needed?"

Most Americans don't realize that previous Administrations put into place a gradual process that is trading "their" jobs away, and that the power of vastly lower wages is pretty much insurmountable when it really starts happening. The time to change this was in the past, when the primaries were determining political candidates. Where will now working Americans go? Anywhere we can afford. We will be on our own as GATS and similar agreements are also silently dismantling safety nets all around the world. This is an example of the literature on setting up a global "GATS Visa" that trumps national laws on work-related permits.

Graphic illustrates why the oligarchy wants to capture migration for corporations..

Globally. Thats a hidden gotcha they embedded in the WTO when it was set up. Which could easily turn out to be one of the epic mistakes of all time. This graphic which is repeated in a great many of the dozens of papers hyping TMNP is also fairly misleading, given that the ratio between wages in expensive countries like the US and poor countries like India can be 20 times or more, not the small amount pictured here. Also, they consistently try to confuse temporary movement of natural persons with actual immigration for the purpose of permanent migration (traditional immigration) which most Americans have a favorable opinion of. But the two are totally different. One is freedom, the other is often compared to modern slavery.

Edward Alden: India's landmark WTO challenge to US

In the midst of a xenophobic U.S. presidential campaign in which candidates in both parties have harangued China and Japan over their trade policies, and leading Republicans have called for a "great wall" to keep out immigrants from Mexico and Central America, one country has quietly refused to take it any longer. The government of India filed suit on March 3 in the World Trade Organization (WTO) seeking to overturn a new U.S. tax on high-skilled migrants that India says discriminates against its citizens and would damage some of its most successful companies. The case marks the first time that a country's immigration laws have been challenged using the rules of a trade agreement. And despite the logic of India's action, it may well be the last such case. With tariffs on imports already very low in most countries, economists have argued that easing restrictive immigration laws in advanced countries would now do far more than additional trade liberalization to boost global growth. Michael Clemens of the Center for Global Development has written that immigration restrictions are the "greatest single class of distortions in the global economy," amounting to "trillion dollar bills on the sidewalk" if such distortions could be eliminated.......

Media coverage of WTO dispute settlement impasse completely leaving out its implications for working if WTO takes over work visas globally.

Pick our poison? Loss by US in a pending WTO dispute could shrink the middle class in size substantially internationally. Given Biden's involvement in the TISA agreement and Trump's quite probably only temporary obstruction of GATS outsourcing US jobs under the GATS Mode Four scheme (while using similar schemes to procure very low wage workers in his own businesses) we really are facing a choice between two very problematic, to say the least, candidates. The reason is likely intentional. to trap us into an outcome that literally almost nobody in the country would ever have voted for. Neoliberalism is a cult, literally, led by the US, UK and other oligarchical countries. One that has contempt for democracy, which it calls things like "mob rule" or "majoritarianism". But democracy - as illustrated by their contempt for it, actually is the key to just and stable government, what they want to replace it with is not. I think that its obvious what is being done. And that a reasonable observer would conclude the two candidates and all this huge mess the country has been put through is actually a well planned out scheme to take over the country's future, and by extension, the world's . A clue to their goals may be a pending WTO dispute (DS503) that will also be binding on the world. It could lower wages globally, a lot. And the holding of our healthcare hostage, in order to manipulate us by means of little known provisions in the GATS trade agreement.

India Takes First Step Toward Challenging U.S. Visa Policy At WTO (March 10, 2016)

"India is also claiming that commitments made by the U.S. in its free trade agreements with Singapore and Chile to provide a certain number of H-1B visas to those countries violates the United States' commitment under GATS to annually provide 65,000 H-1Bs worldwide. However, the U.S. GATS schedule specifically states that it will offer "up to" 65,000 H-1B visas for persons annually on a worldwide basis. It also committed in its GATS schedule to allow entry for an unlimited number of qualifying L-1 visa holders."

US—India Visa Fee Controversy before the WTO: A Migration-Mobility Nexus for the WTO?

This is more about the outrageous DS-503 WTO dispute case that would allow unlimited guest workers to be imported into the US and other countries by foreign corporations, allowing them to do an end run around wage and labor laws and possibly ending the middle class most of us grew up with, and decent work for decent wages forever, possibly as soon as next year.

Certain U.S. Laws for Foreign Workers Draw Fire from India in the WTO (US Congress research "CRS" report)

This is an arguably incomplete, dismissive Congressional Research Reports report (PDF) on the DS503 case, but it fails to portray the situation with the needed urgency. . Note that they say that there is a possibility of the US losing the case, and having to modify behavior on the contested parts of our work visa system, which includes the visa quotas that limit the numbers of work visas granted per year. The effect of massive job outsourcing on workers is that many job ads turn out to be fake, using up jobseekers energy. It's only because of the quotas that far more jobs that can be, are not currently offshored. But the amount might rise very substantially. A very bad idea in this time of falling employment. GATS Mode Four and Three should be reduced or eliminated, not expanded. Professor Alan Blinder of Princeton found that 26% of all US jobs could be outsourced and offshored. A replication study of his study, attempting to verify his work found that actually 46% of our jobs are in immediate danger of outsourcing, But they left public services, the main target of GATS, out. So the actual number likely to be outsourced is potentially significantly higher.


DS503 is a WTO dispute that was filed in 2016 by India against the US. It contains a number of innocent-looking requests that when investigated...

U.S. is about to cripple the World Trade Organization’s dispute-settling system

Dec 9, 2019 "The governance of international trade is on track to suffer serious damage this week as the United States carries out a long-standing threat to cripple the World Trade Organization’s system for settling disputes. The WTO’s Appellate Body, which adjudicates on contested rulings over disputes between member countries, will become unable to function when Washington exercises a veto and blocks new judges from being appointed to replace two whose terms of office are expiring......"

The WTO Dispute Settlement System: An Analysis of India’s Experience and Current Reform Proposals

ORF Occasional Paper_209 - An analysis from India's perspective of the US's not allowing the operation of the Dispute Settlement Body, of course, preventing the settlement of the DS503 case, and possible loss of millions of US jobs to outsourcing "body shop" companies. Most of the US, EU, Australian, etc. workers who could be impacted have no idea that the WTO even has jurisdiction over services.

"Breaking the rules to prevent rule-breaking? The GATS and service mobility: drawing lines between genuine immigration control and protectionism"

Essential article on DS-503 WTO dispute that could drastically impact the size of the middle class in the US and in many other countries all around the world. (by reducing its size due to large scale job outsourcing) Would also lower the wages across the board for workers. Would heavily impact public services. GATS 'movement of natural persons' (Mode Four) and its Mode Three are the most controversial parts of the longstanding trade deal because they attempt to create new rights to which seem to allow companies bypassing national labor laws. This case could take intra-company cross border labor for work- "non-immigrant" temporary migration to work out of hands of governments and put it in the hands of the WTO. The US is a test case and the decision might be binding on many other countries as well. Could dramatically lower wages for many professions at all skill levels, from professional to fairly basic. Any job that has been the subject of GATS commitments in a country, which are very broad. In the US could easily impact tens of millions of jobs cutting many careers short. Even with visa quotas IT has already been greatly impacted, leaving many workers struggling to find work. Situation is likely to get much much worse if the WTO panel decides in India's favor. Indian-affiliated "US" IT firms are notorious for not hiring US workers, even US workers with Indian backgrounds. They want dis-empowered workers whose status in the US depends on their job. This is a very bad situation that could become the norm in dozens of high employment fields. Might cause extreme loss of trust in government, a shift we might not recover from.

WTO Dispute DS503 - over visa quotas and whether national laws on minimum wages apply to guest workers (or can they be paid less than US minimum wage) and irreversibly opening the nation to vast expansions in numbers of disempowered guest workers to replace allegedly overpaid US workers could lead to large scale job losses

in all the service sectors committed in the US Schedule of Specific Commitments, and at all skill levels, from very skilled workers like doctors, nurses, teachers, lawyers, computer programmers, engineers, adult education, construction and energy and environmental workers, etc. Jobs would be put up for international bidding. Filed March 2016, could be decided by the DSB whenever it is able to convene a quorum which is currently being blocked by the US. Likely would be able to rule and require us to conform all our laws. Could lead to a GATS visa automatically being granted to guest worker supplying companies as an entitlement we would be unable to deny, because guest workers are not immigration, they are intra-corporate transferees.

A long discussion on the captured state (of affairs) for working people in the US, UK and a case in the WTO, DS503 that could pull the rug out from underneath developed country workers worldwide.

A few days ago I was reading British news where they were reporting on the expectations of Leave voters for what would be done with Brexit. It seemed so very far off the mark from what I knew was happening I almost wanted to scream. The same woeful situation exists in the US, where people who have everything to lose are gleefully voting for Biden and Trump clearly unaware of the agendas they represent. When my primary rolls around, I'm voting for Sanders, fully aware, however, unlike many people, I've been fully aware that Sanders signature issue(s) - 8single payer* *was officially "decided" by the WTO >20 years ago*. However, single pater, pure single payer is exempt from GATS so it could conceivably work, except for the little problem of it being 2020, not before the WTO existed, or perhaps the standstill may have even begun as early as the early 80s or formally, September 20, 1986. So frankly, the entire situation is bizarre and doesn't add up. That is unless you realize that the system is very close to 100% captured, Only then - it all makes perfect sense. What a major mess.

IT Sector being "extraordinarily disrupted" by abuse of L-1B and H-1B visa programs on a large scale to replace US workers, this is being caused in no small part by GATS.

In particular, GATS' "movement of natural persons" provisions. (GATS' 'Mode Four') which can pay as little as US minimum wage. (even that is a subject of dispute by developing countries who claim that under trade agreements - specifically under visas like the L-1B visa, that they have a right to pay their temporary non-immigrant visa holding workers, whatever they want. This right is claimed under the original Uruguay Round and is the subject of WTO dispute DS 503, filed in March 2016 by India, and still to my knowledge unresolved.)

When do human rights violate corporate rights? Why, in the GATS of course.

"How Close Will GATS Get to Human Rights? Similarly to the UN considering gross human rights violations a threat to peace, the WTO should consider certain human rights violations an impediment to free trade. Mutually agreed benefits of trade liberalization may be offset when a human rights infringement nullifies and impairs the multilaterally agreed level of tariff concessions or the negotiated volume of market access commitments in services. The liberalization of services trade through mode 4, whereby the service supplier moves abroad to deliver a service, relies on the free movement of natural persons. This mode of service delivery renders the GATS the WTO covered agreement with the closest affinity to the individual as a subject of international law and therefore, to human rights. Restricting the human rights of foreign service suppliers therefore could have the effect of nullifying and impairing the economic value and legal predictability of the GATS commitments. The WTO Agreements lack the legal basis for prosecuting human rights violations. While WTO Members are bound to respect jus cogens human rights, the non-jus cogens human rights originating in customary international law usually do not raise trade issues relevant enough to question the consistency with a provision of the WTO Agreements. It is suggested that the non-violation nullification and impairment complaints may be used to consider the economic damage which occurs when human rights infringements impair upon GATS commitments, specifically in those cases where the WTO Members receiving services condition their mode 4 commitments to the respect for core labour standards. If the human right amounts to jus cogens or emanates from a human rights treaty to which both parties to a WTO dispute are Members, the human right itself forms the ground of a WTO violation complaint. In all other cases, it is not the human rights violation itself, but its effect that is the economic damage on the sending country's economy, which nullifies and impairs a trade benefit." Keywords: Human Rights, Labour Mobility, GATS, Annex on Movement of Natural Persons Supplying Services under the Agreement, International Convention on the Rights of All Migrant Workers and Members of their Families, Schedule of Specific Commitments, non-violation nullification and impairment