Search Result(s)

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?

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.

Certain U.S. Laws for Foreign Workers Draw Fire from India in the WTO

This is a Congressional Research Reports report (PDF) on the DS503 case. 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 quotas that limit the rate of increase in job outsourcing workers and GATS Mode 4 generally. It's only because of the quotas that far more jobs that can be, are not offshored. Professor Alan Blinder of Princeton found that 26% of all US jobs could be outsourced and offshored.


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"

NOTE: Although the WTO dispute this article references, DS503 is relatively new (2016) this GATS scheme it is filed under is not new- (or due, or related to COVID-19) its been in place for more than two and a half decades, but partially held up/in planning for arguably more than three decades. Its just been acrimonious, with both sides so far able to agree unable to agree on terms in their scheme to overrule democracy that *required foreign involvement to enable the international aspect that allows GATS to ignore democracy*. The scheme has not only blocked a huge laundry list of progressive policies, for decades, it also trades away many kinds of high skill jobs, good jobs, IF foreign countries firms can do them for less. With wages so much lower than US workers are paid, its likely that they'd both do that and pocket huge profits, even if they literally offer three workers for the price of one as their pitch sometimes goes. (Ive received them, at various jobs) -------------------------- Please recognize the linked article's point of view, it states that countries only have the right to regulate "immigration" which in WTO-ese only includes people seeking PERMANENT residency in our country, not the growing numbers of temporary GATS Mode 3 and Mode 4 workers. They have jobs with an employer, such as a staffing company. What bothers me is this provides a pretext which is being used to silently gut wages and jobs.(GATS Mode 4 and GATS Mode 3 are making work of all kinds, precarious work- inserting a new layer of very highly paid middlemen, a change that potentially could eventually replace the world's middle class. a way of "precaritizing" more and more of the global workforce, disenfranchising both voters and earners, (by forcing more and more to cross borders and shed rights, to get jobs) pushing wages globally down to some hypothetical global average wage.

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