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(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.

GATS Mode 4: Movement of Natural Persons and Protection of Migrant Workers’ Rights (International Labor Organization)

GATS Mode 4: Movement of Natural Persons and Protection of Migrant Workers’ Rights By Pradip Bhatnagar A Paper presented during the Challenges and Opportunities of Bilateral and Multilateral Arrangements for the Mobility of Health Professionals and Other Skilled Migrant Workers Training Programme held on 8-10 October 2014, Philippines (note: Migrant Workers in this context are usually high skilled, professional laborers, such as doctors, nurses, computer programmers, engineers, coders, administrative workers, teachers, or executives.) Other jobs don't matter as much profit wise so the body shop firms are not interested in them, but ultimately, like shale gas etc, they will in turn come under the same pressures.

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.

Silicon Valley's “Body Shop” Secret: Highly Educated Foreign Workers Treated Like Indentured Servants

The Future of Work in America? A year-long investigation by NBC Bay Area’s Investigative Unit and The Center for Investigative Reporting (CIR) raises questions about a well-known visa program setup to recruit foreign workers to the US: Is it indentured servitude in the high tech age? Or is it a necessary business model to compete in a quickly changing high tech economy? NBC Bay Area and CIR’s team discovered an organized system that supplies cheap labor made up of highly-educated and highly-skilled foreign workers who come to the US via H-1B visas. Consulting firms recruit and then subcontract out skilled foreigners to major tech firms throughout the country and many in Silicon Valley.

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.

"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.

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.

Statement on WTO GATS Mode 4 Negotiations by 77 Civil Society Organizations

“The WTO has no mandate to negotiate migration policy, nor should it,” said a statement released today by 77 groups from several countries. - - Signers include large human rights and labor organizations, including Migrant Rights International, the Teamsters Union, the American Friends Service Committee, Public Services International, the National Network for Immigrant and Refugee Rights (USA), Migrant Forum Asia, Welfare Association of Repatriated Bangladeshi Employees, ATTAC Mazowsze (Poland), National Union of Public and General Employees (Canada), and the Coalition Against Trafficking in Women-Asia Pacific (Philippines).

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.

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

The State of Play in GATS Negotiations: Are Developing Countries Benefiting?

I am including articles like this so that we out-of-the-loop Americans can see other points of view. I disagree with the premise that trade agreements trading away rapidly vanishing good jobs forever is somehow good. I don't think it helps the poor in any conceivable way. Highly skilled workers, as they are alleged to be - in order to get their nonimmigrant work visas, should be paid a decent wage, not be working almost for free just for a reference, while body shop firms pocket most of their earnings, paying them in many cases less than US minimum wage (when you divide the number of hours they actually work by their wages). But thats what GATS Mode Four attempts to do, and make it irreversible. The job losses to the indigenous workers are called "efficiency gains". These programs will heavily impact the core middle class professions, turning them into precarious labor. It will be quite literally NAFTA for the rest of the jobs. That's been GATS' goal from the beginning.

GATS, Migration, and Labor Standards

(Search domain www.ilo.org/wcmsp5/groups/public/---dgreports/---inst/documents/publication/wcms_193612.pdf Mode 4]," Abdel-Hamid Mamdouh, director of trade in services at the World Trade Organization said "Ah, yes - it could be hundreds [of millions] if we liberalize." John Zarocostas, Migration helps export services, Washington Times, January 3, 2005, p. A10.

Ellen Gould discusses GATS on Talking Stick TV.

Video - Ellen Gould is a trade expert whose insight here is quite accurate. See what she tells us here about domestic regulations, technical standrds, licensing, medical standards, everything. Lots of info on what they want to do with healthcare. The WTO could sanction us if we wanted our doctors to meet higher standards than those in the developing countries. (around 25:00) The WTO also wants us to allow for profit offshoring of poor patients. Which would be subject to the same problems as the for profit system does now, except likely worse, with less accountability.