India Files WTO Challenge Against US Visa Fee Increases

[Baobab]

Source: ICTSD Bridges Trade News

India has brought a WTO challenge (DS503) against certain measures involving the US’ non-immigrant temporary working visas, filing a request for consultations on Thursday 3 March. At issue in the complaint are the increased fees imposed on certain applicants for two categories of non-immigrant temporary working visas, specifically “L-1” and “H-1B,” as well as numerical commitments for the latter visas, according to the consultations request.

The L-1 and H-1B visas

Citizens of foreign countries wishing to work temporarily in the US as a non-immigrant must have their prospective employer file a petition with the country’s federal immigration agency. The types of visa fall under different categories, with these having their own individual qualification requirements. L-1 visas allow a US employer to transfer certain types of high-level employees from an affiliated foreign office to an American one.

The H-1B visa applies to people who wish to work in a specialty occupation, for certain Department of Defence (DOD) projects, or as a fashion model, subject to certain conditions.

Read more: http://www.ictsd.org/bridges-news/bridges/news/india-files-wto-challenge-against-us-visa-fee-increases

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Read this carefully. Mode 4 deals with the movement of short-term service providers by a WTO member in another member-country on a non-immigration framework. (intra-corporate transfer)

There is no clear time limit but generally they are thought of as lasting no more than 5 years. Since this is an already existing trade deal there is no legal way for a President or Congress to change it.

I have read estimates of the number of Mode Four subcontractor workers eventually reaching 30 million or more. Wages are unclear and may not be under US jurisdiction, although its expected that applicable taxes will be paid.

Negotiations on GATS have been ongoing for 20 years off and on but the recent decision against local sourcing on solar panels makes it clear that countries no longer have the right to spend their taxpayers money only on their own companies to create local jobs in their own countries, and I think this next decision will make it clear countries can no longer can tell multinational corporations where their workers need to be from.