Posted on 08/09/2010 3:58:38 PM PDT by goldendays
India terms US visa fee-hike plan ‘overwhelmingly protectionist' Visa wrangle
If the Bill is enacted then it can be challenged in WTO, say lawyers
The Bill reportedly aims to raise $600 million to boost surveillance along the US-Mexico border by hiking visa fee
Arun S.
New Delhi, Aug. 9
The US Border Security Bill that aims to increase H-1B and L-1 visa fees reflects an “overwhelmingly protectionist frame of mind” and will raise “very serious questions” as it targets a particular set of companies, India has said.
The affected companies would mainly be from the Information-Technology sector, including Tata, Infosys and Wipro.
As the Bill is yet to become law, New Delhi is waiting for further developments before initiating any action.
But legal experts here said that if the Bill is enacted, it can be challenged in the World Trade Organisation (WTO) as it amounts to “de facto discrimination” against Indian companies.
The Commerce Secretary, Dr Rahul Khullar, told Business Line: “This (Bill) reflects an overwhelmingly protectionist frame of mind. For a country (the US) which keeps on saying ‘we are not protectionist' and ‘we will not erect new barriers to free trade', if ever such a legislation was to be enacted it would send quite the contrary signal.”
He said if the Bill becomes law, it will give rise to “very serious questions because this is a legislative work that is almost designed to target a particular set of companies. And that is patently unfair.”
The Bill aims to boost surveillance along the US-Mexico border and hopes to meet some of the cost, of $600 million, by hiking H-1B and L-1 visa application fees.
The applicable companies are those with 50 or more employees in the US and with over 50 per cent of this workforce who are non-immigrants (temporary skilled workers for H-1B visas and those for L-1 status).
Software industry body Nasscom had estimated that the Bill — passed by the US Senate and to be taken up by the House of Representatives — would cost the Indian IT sector $200-250 million a year.
It said the Bill's provisions “are contrary to the spirit and provisions of the WTO and the General Agreement on Trade in Services (GATS).”
However, Dr Khullar said, “It (the Bill) has not actually become law. The draft of the legislation only reflects legislative intent. How can I act on intent? But I have taken note of it.”
Ms Anuradha R.V., Partner, Clarus Law Associates, said preliminary assessment shows that there will be discrimination against Indian companies because of the extra cost imposed on them.
“In fact, statements and quotes from US Senators have stated this to be the primary rationale for the Bill,” she said.
“While there is no direct provision under the GATS that restricts the right of a country to impose any specific quantum of visa fees, what can potentially be challenged at the WTO as ‘GATS-inconsistent' is the ‘less favourable treatment' that such a law would have on Indian companies, as opposed to any other service sup
What has a visa fee hike got to do with trade?
This is why I do not sign on to these multi-lateral trade agreements. They sooner or later involve just about everything one way or another.
We now don’t have control over our own visa fees. We’re subject to international action to prevent us from exercising our own will on matters of immigration. Wonderful.
Well they kind of have a point: why tax Indians for the sake of a problem with Mexicans? (Not that H1-B’s don’t carry their own issues, but the US has control over that situation. Very few Indians sneak into the USA.)
world government
http://www.youtube.com/watch?v=AM8XLDl_MTw&feature=related
these are unelected officials
Yes they are. They answer to no one.
The point is, it’s up to us what fees we charge. The H1-B fees aren’t only going up to people from India. And it’s our own policies, that they are objecting to. It’s none of their damned business. It’s an internal matter.
I thought for sure you would be aware of the WTO dispute resolution process.
Go ahead. Lay it out for us 1RudeBoy.
GATS-INCONSITENT! Hah! That’s the real story here, not that our Govt. (owned by Central Bankers) is trying to squeeze some money out of immigrants.
Here we go.....Bill passed by United States Congress, may not meet the GATS and WTO standards.
We have to check with them first.....
NWO is here.
why do you think we have 40% more immigration in new york, 1992 State department until 2010
Whenever someone utters “protectionist”.....they are just another Liberal Globalist
With all the American jobs that have been shipped to India...they should keep their mouths shut.
they now have most of America jobs
In other words, you don’t know . . . continue commenting on this thread, it should be entertaining.
Not just that, but they are Franklin Delano Roosevelt! Yaargh!
I thought for sure you would be aware of the WTO dispute resolution process
The process is known as AGSA
America Gets Screwed Again
Only the most brain dead America-Hating Commie Globalist thinks the WTO is a good thing. Its a surrender of soverignity
As long as the US is telling Indians it will sell them an H1-B for X amount of dollars, then they have all the right their own society allows to complain about the price. And the US has all the right to reply that it doesn’t care. The answer for speech you don’t like is more speech, not to shut up the original speaker.
Any treaty participation is a “surrender of sovereignty.” If the US really cared about surrenders of sovereignty, it wouldn’t promise anything to anybody.
Oh come on Mr. bright guy, enlighten us. Tell us why we shouldn’t care about this. That is what will be entertaining.
Again, I’m simply amused by people commenting on the process when they have no clue about it.
The Transatlantic Economic Council is an official international governmental body established by executive fiat in the U.S. and the EU without congressional approval or oversight.
As long as the U.S. doesn’t get sanctions imposed on it for exercising it’s sovereign decision making process, I would agree. What generally happens in these instances though, is the U.S. backs down and we lose by fiat.
Tghank you for calling DELL, we have no answers for you. Good luck and good bye
and US leaders also signed the so-called “open skies” deal, replacing existing bilateral agreements between the US and member states. The agreement will remove restrictions on the number of flights able to operate the transatlantic route, allowing all EU and US airlines to fly between every city in the 27-nation bloc and the United States, as of 30 March 2008.
The EU expects that the deal will generate up to up to €12 billion in economic benefits and up to new 80,000 jobs in Europe and the United States over the next five years.
No agreement was reached on security-related travel issues, including the question of removing visa restrictions for all European citizens travelling to the US (currently 12 member states do not benefit from the US visa-waiver programme) and that of access to personal information on passengers flying to the US.
http://www.euractiv.com/en/trade/eu-us-agree-cut-trade-travel-barriers/article-163478
Transatlantic Economic Council
http://www.tabd.com/index.php?option=com_content&task=view&id=24&Itemid=53
LOL. Well that would hurt India in the long run.
That’s terrible. I will be able to fly from Berlin to Milwaukee.
able to fly by way of wto
able to fly by agreement of the U.S.
For every 600 dollars to get in, how many hundreds of thousands of dollar are going to leave US Economy?
For Country like Mexico, the money sent by immigrants is 3rd largest source of income. For India and others, they recieve BILLIONS upon BILLIONS from the Indians who immigrate to developed world.
So this whining is just unnecessary.
State Department brings in thousands and thousands of immigrants into the United States
its our own government State Department brings in thousands and thousands of immigrants into the United States. Do you think it’s a coincidence the highest immigrant populations since 1992 to the present New York 40% California 30% Florida 25% Michigan 25% Pennsylvania 25% Texas 25% Now add up the electoral college numbers in those states. The Communist state department is doing their job
http://picasaweb.google.com/lh/photo/kPocUzsJpnwd4TG9SWG_Lw?feat=directlink
Please keep these tired socialist slogans for DU.
Protectionism is a profoundly socialist act. Protectionism says - in effect - that a given American industry can’t compete in the real world, and must be subsidised or protected with tariffs.
The Left are only too happy to wall off yet another section of the American workforce and preserve them as just one more species of welfare recipients - and leftwing voters.
Exhibit one of a protected industry is General Motors: which is protected from even internal competition by gigantic subsidies and Government contracts.
Justice Breyer: U. S. Constitution should be subordinated to international will
http://www.freerepublic.com/focus/f-news/941589/posts
U.S Senate Passing Bills In Secret
U.S Senate Passing Bills In Secret
http://www.youtube.com/watch?v=NmSS5H8yUKE&playnext=1&videos=vAeltxpjcm0
So far we have been amused that you can’t prove you know anything more than us about it.
Try that on for size smart ass.
Apart from the fact that your previous comments indicate you have no clue, you have a point.
Okay, then explain where I am wrong. Otherwise you come off as the consummate blow hard.
We’ve had this exchange before, and you’ve never come out on top. Let’s go smart ass.
We can do it again.
Yes, we have probably had this exchange before . . . maybe even years ago. And you still can’t be bothered to educate yourself. And you expect me to teach you, here? Best stick to classes for retards.
And hang out with you? No thanks.
You can’t be bothered to explain yourself. You just toss out the innuendo and run.
Poor fellow. What it must be like to be so afraid of actually debating a topic that you must put folks down and run rather than address the issue.
That was exceptionally weak. I’d tell you to google “wto,” but I’m afraid that you would fail at it.
This visa tax is the best part of the bill! I am so sick of these Indian leech companies, many of them in NJ, like Tej Technologies, that bring Indians here and then exploit them horribly, make them pay for their trip and “expenses”, and steal American jobs. Screw them all.
I have asked you to explain what I said that was wrong. I have asked you to explain why it was wrong.
In return you have run from the issue like a scalded dog. Now you resort to insults and infantile innuendo.
And you call my response exceptionally weak.
Well, okay. I think we can call this over...
You represented yourself the way you wanted to, and now folks are free to see you for what you are.
And regarding your misconception of the WTO dispute resolution process, why don't we begin with what you think?
Your the prick who started making charges you chump.
Put up or shut up.
The Bill reportedly aims to raise $600 million to boost surveillance along the US-Mexico border by hiking visa fee.How about boosting the fence along the US-Mexico border and enforcing the existing laws regarding visas? Oh that's right, we're talking about the Obama administration. Thanks goldendays.
You stated what I said something that was wrong.
Okay, what did I say that was wrong, and why was it wrong?
Just running around here saying so and so is wrong, doesn’t impress. It reveals you to be an ignorant blow-hard if you can’t back up your claim.
This does not rival the flat earth nonsense, so once again you’re trying to cast dispersions, without really dealing with the issue itself.
And you are a chicken-s--t lying bastard. You're another of the globalist supporting dumb asses that come here to front for globalist concerns. I have nothing but contempt for you and your ilk.
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