Search Result(s)

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

Marion Panizzon Trumping over the US election campaign is also a visa dispute at the WTO. On trial stands a bill by the US Citizenship and Immigration Services to double application fees for H1-B visa. India brought its complaint before the WTO on March 2016, alleging that the US had breached its legally binding market access commitments. The US-India dispute could set a precedent if it were to confirm the WTO’s judicial competence over visa – traditionally considered a national prerogative.

Human Trafficking and Slavery: Towards a New Framework for Prevention and Responsibility

By Dana S. Hathaway "Human trafficking and slavery are horrific crimes that require strict penalties for perpetrators and effective protections for survivors, but these crimes are in part facilitated by a system of laws and norms that effectively marginalize certain populations—the “unskilled” migrant. In this thesis I aim to reexamine and reinterpret the problem of human trafficking and slavery in a way that highlights the background conditions to the problem. - - - I argue that the framework used as a conceptual foundation for addressing the problem limits the scope of responsibility. Specifically, the framework fails to acknowledge structural contributing factors I show to be relevant: law, policy, and norms impacting immigration and migrant labor. I assert that the limited scope of responsibility, which focuses heavily on direct perpetrators of the crime, leaves largely unexamined the role of social-structural processes in contributing to the problem. I use the United States as a case study in order to provide a targeted analysis of social-structural processes that contribute to the problem. In this examination of the United States, I focus on agricultural and domestic slavery."

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.

Movement of Natural Persons (Mode-4) Under GATS: Advantage Developing Countries

(by Dipankar Dey) "The actual potential of Mode-4 could not be exploited for the benefit of developing countries that enjoy comparative advantage in this mode over others. The developed countries have offered almost nothing in the Mode-4 negotiation despite liberalizing labor mobility via other mechanisms. So far, the developing country policy makers have failed to exploit the comparative advantage they claim to enjoy in Mode-4. They should be blamed either for their inability to assess the true potential of this mode of service or for their failure to chalk out an effective strategy during negotiation. The Southern negotiators should prepare themselves with appropriate strategy and tactics to enable them to put pressure on their Northern counterparts, for binding the latter's commitments on liberal market access, better working condition and protection of human rights for the immigrant workers." (See also the references cited in this essay.)

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.)

AFSC:Trade Agreements and Guest Worker Programs

Trade agreements lock in entitlements for foreign firms to take publicly funded jobs if they are the lowest qualified bidders, they also must give foreign companies such abnormally favorable conditions that it is almost certain they will be.

Informal Brief: The WTO Services Negotiations and Migrant Workers (AFSC)

As the World Trade Organization (WTO) gears up for the next ministerial meeting to be held December 2005 in Hong Kong, some developing country governments are pushing for an expansion of the types of labor currently covered under the services agreement. Under the WTO’s General Agreement on Trade and Services (GATS), services are categorized into four “modes”. These include: Mode 1 ­ Providing services abroad Mode 2 ­ Consumption of services abroad Mode 3 ­ Commercial Presence ­ Subsidiary branches including service providers such as a banks, hospitals, or construction ­firms that are owned by a foreign company Mode 4 – Temporary movement of natural persons (workers) acro ss boarders to provide services Mode 4 and temporary workers Sectors currently covered under GATS Mode 4 commitments focus on highly skilled jobs, such as doctors, nurses, company executives—sectors favored by current visa systems. Also favored by current commitments are categories of special importance to Mode 3, commercial presence, such as intra­company transferees. Some developing country governments want to expand services covered under Mode 4 to include medium and low ­skilled workers, such as domestic help or construction, thus covering sectors in which they hold a competitive advantage.

Offshoring companies are gaming the system to do an end run around US wage and hour laws, costing workers their jobs.

This is a good article. I thought that the H-1B visa is for grads of US colleges (foreign students) and that the L-1B visas are for foreign firms that bring in their own workers for typically around six years, at much lower wages. The L-1B workers have advanced degrees but are sometimes paid less than almost any other similarly skilled workers in the US. Its an especially exploitative situation for the foreign IT firms' workers. Who, if they are here, frankly should be able to earn what they are worth, and apply for citizenship after a few years. They shouldnt be exploited for cheap labor. But frankly, they are and its driving a huge amount of dishonesty in Washington. I would not be surprised if I found out healthcare was in part being held hostage, to manufacture a fake "crisis" as a means to get ultra cheap labor.