Additional measures concerning non-immigrant visas - Request for Consultations by India from the US.

Please look up these GATS sections because the impact on Americans of this DS503 case could be astronomical. If people are disillusioned now imagine how they would feel if their jobs were transitioned to training new workers from the other side of the world and then laid off, reason being that other workers were cheaper. Under the GATS plus GPA that MAY entitle other countries firms to the jobs.




The following communication, dated 16 March 2016, from the delegation of India to the delegation of the United States and to the Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.




With reference to document WT/DS503/1 , S/L/410 , circulated on 8 March 2016, my authorities have instructed me to request further consultations with the Government of the United States pursuant to Article 1 and Article 4 of the Understanding of the Rules and Procedures Governing the Settlement of Disputes ("DSU"), and Article XXIII of the General Agreement on Trade in Services ("GATS"), on an additional legal claim on Article II of the GATS in relation to the first set of measures that are part of the request for consultations, i.e., the measures imposing increased fees on certain applicants for L-1 and H-1B categories of non-immigrant visas. We are also proposing further refinement in the description of the measures in the text of paragraph 4 of our original request. This addendum must be read with India’s original request for consultations.


Pursuant to this addendum, Paragraphs 4 and 5 of the original request for consultations shall read as follows:


4. These measures (Public Law 114-113 and Public Law 111-230) appear to: (i) be inconsistent with the terms, limitations and conditions agreed to and specified by the United States in its Schedule of Specific Commitments under the GATS, (ii) accord to juridical persons of India having a commercial presence in the United States treatment that is less favourable than that accorded to juridical persons of the United States, as well as juridical persons of any other country, engaged in providing like services in sectors such as the Computer and Related Services sector, with respect to which the United States has taken commitments in its Schedule of Specific Commitments, and (iii) affect the movement of natural persons seeking to supply services in a manner that is inconsistent with the United States' commitments in its Schedule of Specific Commitments. These measures also appear to nullify or impair the benefits accruing to India directly and indirectly under the GATS.


5. The Government of India is of the view that these and comparable measures, (as well as any amendments, related measures, or implementing measures), taken by the United States are not in conformity with at least the following provisions of the GATS: Articles II, XVI, XVII, XX, and paragraphs 3 and 4 of the GATS Annex on Movement of Natural Persons Supplying Services. These measures also appear to be inconsistent with Articles III:3, IV:1 and VI:1 of the GATS.,227333,124563,113960,95122,102257,102896,102258,96726,79975&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True


American workers jobs and the very concept of decent wages to support a middle class lifestyle everywhere are under attack globally in trade agreements by a back door conspiracy that includes many governments who pretend to be supporting their own workers, in order to 'precariatize' the entire world's workers and send wages globally into a race to the bottom.

That is what GATS does, (these claims are in the WTO and are under the GATS) and the US's TISA (which India does not support) do.

Keyword links on GATS Mode Four, etc.

Note that India, which demands equal treatment (which includes a right to pay their workers while here for multi-year periods wages far below what workers typically make in those committed sectors. Whether they can pay workers 'what they usually make' or a US minimum wage, deceptively called the "wage parity" issue, is also disputed by a group of countries, in a chain of WTO documents going back to 2006.)

This was in the Economist recently. India does not have a middle class. Most of the workers who come here are actually from India's wealthy, Their families often pay their bills while here. In other words they are working for almost nothing, in tech jobs, an arrangement similar to internships for the children of Americans from wealthy families are pushing out young Americans in non-tech jobs. Toi allow large numbers of foreign guest workers to work here, even if they are paid "a legal US wage" as Trump's USCIS demands, is likely to cause huge problems. With US healthcare and Social Security tied to jobs, exporting potentially millions of jobs to temping firms, will destroy both the health care, and Social Security of millions of workers, perhaps as many as a third or half of all US workers. 

Also, by linking them to a trade deal these changes will also have the effect of freezing the US maximum US minimum wage where it is now "forever". (A similar freeze on financial services regulation freezing regulatory state at its state in 1998 is leading to the repeal of popular recent health insurance legislation).

People who make just two or three dollars a day are called middle class in India. We cant afford to lose millions of jobs to be temped out in ever increasing numbers. WE MUST LEAVE THE GATS NOW.

The elephant in the room:
India’s missing middle class
Multinational businesses relying on Indian consumers face disappointment

India's missing middle class.:
THE arrival of T.N. Srinath into the middle class will take place in style, atop a new Honda Activa 4G scooter.

Fed up with Mumbai's crowded commuter trains, the 28-year-old insurance clerk will become the first person in his family to own a motor vehicle.

Easy credit means the 64,000 rupees ($1,000) he is paying a dealership in central Mumbai will be spread over two years. But the cost will still gobble up over a tenth of his salary. It will be much dearer than a train pass, he says, with pride.

Choosing to afford such incremental comforts is the purview of the world’s middle class, from Mumbai to Minneapolis and Mexico City to Moscow. Rising incomes and the desire for status have, in recent decades, seen such choices become far more widespread in a host of emerging markets—most obviously and most spectacularly in China. The shopping list of the newly better off includes designer clothes, electronic devices, cars, foreign holidays and other attainable luxuries.

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Remember, the global elite make their money by gaming wages, labor arbitrage, etc. Their only reason to do this transition would be "its lots more profitable" and in GATS and the WTO's G20's etc's insular world, even our own think tanks say, that's okay, thats desirable, because as they frame it, our workers are way too expensive. Both US parties are covertly undermining US workers presenting two faces one for TV caring about workers, and the other one, between one another, pushing for more and more trade deals like TISA that are even worse than GATS. )

GATS has limits on necessity testing (laws that only allow outsourcing if a US worker cannot be found" (typically this means posting the job in an ad on a company's own website, when the and this case is basically attacking quotas which limit the numbers of guest workers to around a million. That number could go up hundreds of percent. Why would US employers want to take advantage of this shift. "Three workers for the price of one"