Posted on 03/18/2016 5:40:57 AM PDT by SJackson
During last weeks GOP debate at Miami University, front-runner Donald Trump answered a question about his position on the H-1B guest-worker program noting several times that it was unfair to American workers then concluding that we should end it entirely. While the sentiments appreciated, ending the H-1B program is easier said than done.
Under the WTOs General Agreement on Trade in Services (GATS), the US has certain obligations towards foreign nationals wishing to come here and work. Violating these obligations can mean penalties such as trade sanctions. Hours before Trump made his statement, India actually filed a complaint with the WTO precisely about changes Congress recently made to the H-1B program. Included in last Decembers omnibus spending bill was an increase in H-1B application fees from $2,000 to $4,000, an insertion designed to fund the medical care of injured volunteers during 9/11. India now claims this violates GATSs provision on the Movement of Natural Persons Supplying Services and that it discriminates against the tens of thousands of people India sends over every year to work.
GATS is a supplemental agreement to the more well-known General Agreement on Tariffs and Trade or GATT. While GATT seeks to end barriers to trade in goods, GATS seeks to end barriers to trade in services. Services really means people and GATSs function is basically to govern conflicting immigration laws between member-states. Under GATS, when a member considers that any benefits accruing to it directly or indirectly under the agreement are being impaired, it accrues a right to challenge the opposing members action. A panel in Geneva called the Dispute Settlement Body then adjudicates the complaint, determining whether the change to the members immigration laws do in fact conflict with its obligations under GATS. The court can then levy trade sanctions and/or demand that the offending nation compensate the losing nation.
The H-1B program was created in 1990 to fill the employee shortages then being claimed by the tech industry. Critics of the program argue that its less about bringing over the best and brightest (as corporate PR departments tell us) and more about bringing over ordinary people doing ordinary work. Clients of ours, for instance, held fairly rudimentary technician roles at Southern California Edison before the companys executives replaced them with younger and cheaper workers brought over from India. Meanwhile, say critics, there are indirect effects of the program, including internal brain drain or the discouraging of American students from pursuing tech-based fields of study (According to Census data, currently only half of STEM-graduates are actually employed in STEM-fields). Although having to pay compensation to finally end such an apparently harmful program may seem like adding insult to injury, any price levied on the US government by Geneva may actually be worth it.
Indias anger over the recent change is understandable. Like many corrupted and impoverished nations, India encourages out-migration in order to relieve its seemingly unending population growth and receive remittance funds sent from abroad. According to 2012 figures, the country received almost $12 billion in remittances just from the US alone.
The philosophy underlying GATS is of course one of free trade across borders and free markets between nations. The belief apparently is that services should be sent across the globe just as easily as goods are under GATT, all in the name of global competiveness, etc. But as Mark Krikorian from the Center of Immigration Studies likes to say, importing people is not like importing widgets. People bring with them cultural, religious and political differences, contribute to urban sprawl, and go on to create even more people through births and chain migration. Then theres the conflict between the right to immigrate and the right to self-govern. Taking away a nations ability to decide who and how many people can immigrate and settle within its borders is to take away its sovereignty. And an unsovereign nation is no nation at all.
If Trump does manage to become president, lets hope his skills at negotiating international trade deals are as strong as he claims they are. Well certainly need them if were going to make America sovereign again.
All you do is not hire them like I do. Green cards are as close as I come and even then, it’s gotta be a perfect (and non-muslim) match.
” Under the WTOs General Agreement on Trade in Services (GATS), the US has certain obligations towards foreign nationals wishing to come”
This statement implies we as a country are more Obligated to foreigners than we are to our own Citizens.
HORSEPUCKEY !!!!
Well I’m all broken up with how angry India is. /sar
H1bs should be granted by salary and not by lottery. Then we know America is getting the people it needs. Meet the requirements AND meet the salary cutoff and then you can bring the person in.
Under what kind of working visa do managers and executives of foreign corporations with operations in the US come here, I wonder? I always thought it was the H1-B visa, but I must be wrong.
As an American who was employed by a US company in various positions in Korea, Pakistan, New Zealand, Canada and a few other countries, I would worry about retaliation against our nationals working abroad if we can’t find a rational solution to this.
Just to be clear, I am utterly opposed to foreigners taking routine jobs from Americans in our own country, just as foreign countries would NEVER countenance Americans going there to take those types of jobs.
I don’t either. Their resume goes directly into file 13. I learned a long time ago that the Indians will post to every job posting they see, qualified or not. I do not even consider people with names I cannot pronounce.
Oh??
Stroke of the pen; law of the land.
Kinda cool.
Trump will control the bureaucracy. And he can just order bureaucracy to go into the slow crawl. Reject applications for using the wrong shade of blue ink or for not being submitted online in .wps format. The program will exist, it’s just that nobody will get approved.
Obama has set all the precedents for doing this.
Oh, so we're no longer a sovereign nation because we signed that agreement? Then it's time to toss that agreement in the trash and no longer be a party to it.
Wake up, people. These trade treaties are signing away your rights and giving the swine in DC excuse, after excuse, for why they don't lift a finger. The Lilliputians have tied the giant down and unless the giant breaks free these Lilliputians are cannibalizing us.
DC, either party, doesn't give a damn because when the majority of the nation looks like Detroit, they'll retire to some other country and shake their little heads over how sad it all is.
Unless and until Nationalism ceases to be a dirty word nothing will change.
Ping
Here’s an interesting lil tidbit that most have not thought of. My corp. has been bringing hordes of H1B’s for about 5 years now.
As soon as they get here, they work to get their wives over here as well. Then, they gett’m pregnant. Multiple Indian H1B’s I work with have already had children...on American soil.
They ain’t goin nowhere! They’z here to stay.
Under the WTOs General Agreement on Trade in Services (GATS), the US has certain obligations
The BIG LIE comes right up front.
THESE ARE NOT TREATIES, they are “Agreements” and can be done away with ANYTIME WE CHOOSE.
Even if they were :Treaties” they can be cancelled at anytime also, ask the Indians.
Yup. I never met an H1B who eventually did not get his Green Card and stay. Usually because, quite understandably, his children were born here and thus were American. Most felt they could never adjust culturally to living in India.
As long as the uniparty funded politicians are in place, this will never happen. We recently saw the Export-Import Bank get defunded for about six months last year. Most of us on this site knew it was temporary and that the globalists would get it turned back on, which they did at the end of last year buried in the transportation bill.
If H1-B visa identured servants were ever blocked from multinational corps, they would just put them back in on Christmas day when everyone is not looking and the corporate media will just fail to report it to the public. This is their favorite tactic and was also used on defunding the border fence.
What makes you think Trump wants to battle it?
On the other side of this, I get calls/emails from recruiters all the time. If I can't pronounce their name, it's immediately deleted.
I bet I get a dozen or more emails a week from some “top” recruiting firm that has a burning desire to help me staff for my next big project. They have extremely qualified candidates or they can help me off-shore my effort for substantial savings. The few of these tools that have actually tried to call me have been rebuffed with extreme prejudice.
I always tell them the first thing I did when I took over this team was to abandon our off-shore partnerships and do all our work in house and will never use out of country, low skilled coders again. They have nothing to say to me after that...
What I hate is American companies pushing Americans out and back filling with H1B’s. Really puts a burr under my saddle.
Excellent. That’s as it should be. Many companies that have gone ‘offshore’ for programming help have paid a steep price for it. Often it takes a major change at the senior executive level to get changes, because they are so loathe to admit how damaging it has been. I’ve personally seen it pretty much destroy two companies because executives simply couldn’t admit how damaging it had been.
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