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Economics and Emigration: Trillion-Dollar Bills on the Sidewalk?

This deceptive article shamelessly attempts to have Americans confuse immigration (which we generally like, with good reason) with GATS's "Movement of Natural Persons" which is a scheme to massively lower the entire world's wages, that trades away jobs with the aim of lowering wages, and also becomes an entitlement of jobs to broker for foreign services firms. Implementation of the WTO's GATS agenda which Bill Clinton agreed to, in 1994, could result in the loss of *tens of millions of decent jobs* to low wage "body shopping" firms. Its often been compared to slavery. It will in many cases mean huge profits for the already incredibly rich, by brokering skilled jobs, shaving off immense profits. according to leading economists. Notice especially how many misrepresentations are made in this essay which is an excellent example of the logical fallacies used to sell TiSA and GATS to our gullible nation. This article is not about what we think of as immigration because the Mode 4 is not about immigration, its about non-immigration only which allows workers coming here to work for short periods of typically six years, often at very low wages. These irreversible trade rules which as they have admitted have no expiration date, are a betrayal of the nation and the reason the stakes wee sohigh in 2020. They are designed to give foreign investors certainty and protection from the voters wishes all around the world. no matter how bad a crash or other economic disaster gets the governments cannot help. Services FTA also block increases in the minimum wage for workers if they apply to the huge foreign temping firms which are expected to take over entire industries (typically highly unionized ones) Please read up on the related categories listed in the keyword tags.

(Forbes) Court Case Against Trump "Immigration" (non-immigrant) Visa Ban Moves Forward

According to Forbes, even in the midst of the coronavirus epidemic, there is no reason not to outsource, and continue to outsourcing an ever growing, potentially unlimited number of good US jobs. (See also several articles on India's WTO suit DS503 in Inside US Trade, from March 2016, and others.) This is just nuts. Money isn't everything.

"If H-1B visa reform goes ahead, here are the GATS violations US would be committing" - Firstpost - India (2017)

"Few know that India has already filed an objection (referred to as ‘request for consultation’ which is the first step for trade dispute settlement) with the World Trade Organisation (WTO) in March last year on the current H-1B visa rules. If Trump has his way upending work-visa programs than the present Indian concerns may just look finicky. India requested for consultations with the US, regarding certain American measures for imposing increased fees (objections to “pay higher filing fees and fraud prevention and detection fees under certain specified circumstances”) on certain applicants for L-1 (a non-immigrant visa which allows companies to relocate foreign qualified employees to its US subsidiary or parent company) and H-1B (a non-immigrant visa that allows American employers to temporarily employ foreign workers in speciality occupations), and concerns relating to a numerical commitment for H-1B visas. India has said that these measures are in violation of several articles of the General Agreement on Trade in Services (GATS) — the set of multilateral rules that govern international trade in services. New Delhi requested for consultations with Washington that were held last year. India has not yet requested the WTO for establishing a Dispute Settlement Board (DSB). Specifically, India has said that some Washington measures on these categories of visa holders violate clauses related to Most-Favoured-Nation (MFN) treatment, rules on transparency, clauses on domestic regulation, measures to increase the participation of developing countries in world trade and commitments to market access and national treatment. Consider some of these stipulations under GATS. The national treatment clause says that a government shall accord services and service suppliers of other countries “in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and service suppliers”. The MFN treatment clause requires that governments should accord “immediately and unconditionally” treatment “no less favourable” to a country what it accords to other countries for like services and service suppliers. In sectors where a country has undertaken market commitments, the measures that a country cannot “adopt or maintain” in its sub-regions or its territory extend to limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test, limitations on the total number of service operations or on the total quantity of service output expressed in numerical units in quotas, among other such stipulations. The clause on movement of Natural Persons Supplying Services in the GATS Annex says that though GATS does not prevent a country from applying measures to regulate the entry of natural persons into, or their temporary stay in its territory, “provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Member under the terms of a specific commitment”. All of these possible violations would be important to cite if India chooses to request WTO to set up a DSB. After the panel judgment, either of the countries can appeal against the judgment. If the highest international trade court even then rules in favour of India then US would be bound to comply. However, it is unclear how much the Trump administration would feel bound by its WTO commitments, including dispute judges’ verdicts against it. The growing rhetoric of “unfair” trade agreements used in the current US political discourse might even see Washington pulling out of the WTO. India and most other WTO members are in for rough weather in the present climate as far as trade negotiations with the US are concerned. In a hypothetical situation of India winning a case against the US regulations on work visas at the highest trade court and US ignoring the verdict against it, India can seek WTO’s authorisation to retaliate (to “suspend concessions or other obligations”) against the US — normally such an authorisation is not refused, trade experts opine. India could then consider imposing punitive tariffs on US imports. Another option for retaliation, experts say, could be the refusal to recognise some of the intellectual property (IP) rights of US right holders. But this option of retaliation could involve a much more complicated procedure. An across-the-board or discriminatory higher tariffs, on the face of it, would also be violative of international trade rules, particularly the MFN clause, though much depends on the nitty-gritties of the American legal changes in trade policy. Even Trump’s ‘Buy American, Hire American’ would not be so easy to implement if US does choose to abide by its international trade commitments. There could be two scenarios: one, when the US government procures only from domestic sources, and linked with that the government mandates that even a private entity must source from within the US. In both these possible realities, there is no talk of subsidies yet (which could violate other WTO rules). “In the first situation, the US has some flexibility — it is government procurement to mandate procurement from domestic sources provided this is for non-commercial use and for government’s own use. Then the US would be within its rights to mandate such a local procurement for government purposes. But if the US government mandatorily requires even the private sector to source domestically then that would be violative of WTO rules,” Abhijit Das, Head of the Centre for WTO Studies at the Indian Institute of Foreign Trade says. “Then the second situation where US government gives incentives to procure domestically, such an incentive would be violative of WTO subsidies agreement. This is commonly called the local content subsidy, which is prohibited,” he adds." Updated Date: February 06, 2017 08:39:31 IST

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.

"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.


"Mode 4 – Movement of Natural Persons to Provide Services Let’s start with the last of these categories first. A better term for “Mode 4” would be “domestic immigration policy.” In the United States, the Constitution gives the Congress exclusive authority for setting our domestic immigration policy (Article I-8.) The very notion that immigration policy would be set via GATS Mode 4 negotiations by trade negotiators in Geneva has our congressional leaders deeply concerned. Indeed, when such immigration provisions were slipped into U.S. Free 4Trade Agreements with Singapore and Chile, the agreements were nearly rejected by Congress and a commitment was obtained from the Bush Administration that future trade pacts would never again contain such provisions. I understand that here in the European Union there have been equally heated debates over immigration policy and I assume there are the same concerns about separation of powers and democratic accountability here as well. A group of developing countries led by India have joined together to forward a common position on Mode 4 that focuses on the cross border movement of professionals, but does not insist that these professionals are paid the same wages as their peers in developed nations. 5 Moreover, these proposals would set up a system within countries by which a class of workers would have their basic rights – indeed their very right to be in a country – controlled by their employer not the laws of the country in which they are working. This would not only undercut wages, work hours, vacation policy, the right to organize, and other labor policy in developed countries and generate foreseeably ugly social tension, but it would also exacerbate the problems of “brain drain” in the developing world. A respected study presented at the WTO that advocated increased Mode 4 liberalization showed that the community left behind by Mode 4 workers suffers significantly increased welfare costs. In other words, developing countries pay dearly for “brain drain” associated with outward migrating professionals. 6 Plus, the ongoing tragedy presented by the immigration of doctors and nurses from Africa to Europe and the United States has been well-documented. 7 Moreover, there have been various alarming proposals on licensing and qualification requirements (in the context of the Working Party on Domestic Regulations which is discussed in detail below). What is envisioned here are “harmonization exams” to establish equivalency and to facilitate the movement of workers across borders. National, state or provincial licensing requirements and “language competency” are characterized as unnecessary obstacles to the smooth flow of workers across borders. 8 Once professional service sectors are signed up to the GATS, “disciplines” are envisioned which would apply a “necessity test” to all domestic regulations relating to that profession. The WTO has already completed one such set of rules which apply to the accounting sector and require that licensing, qualification and technical standards be “no more trade restrictive than necessary.”" (quote from Lori Wallach Testimony to EU. The linked document is the proposal by a group of developing countries to set up and lock in a return to indentured servitude. They see this as their pay back for being in the WTO. It replaces immigration with corporate capture, for example, in the US, L1B visas - similar to H1B but with much lower wages and almost no rights. This is being pushed in on us very skillfully by what amounts to an international "coalition of the wealthy" under the radar as part of the GATS' and similar "agreements" coercive global takeover.)

USCIS Appeals Panel Rules on L-1B Employment

Story about "Matter of I- Corp., Adopted Decision 2017-02 (AAO Apr. 12, 2017)" a USCIS adjudicative decision where a company's decision to pay a Malaysian engineer less than US minimum wage resulted in a rejection of the non-immigrant work visa they were applying for. It was determined that companies applying for non-immigrant work visas, must plan to pay _at least a 'legal' US wage, ideally a wage that reflected the special skills posessed by the proposed visa recipient. This is a reasonable requirement so that engineers working for minimum wage don't depress the job prospects of engineers generally.