India complains WTO against the action of US on temporary working visa issue

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Geneva: Decision of United States- US for imposing high fees on temporary working visas, is challenged by India in its filed complaint in the World Trade Organisation- WTO. India says the move would impact Indian IT professionals.

WTO in its statements released yesterday, on 4th day of March founded stated that India has initiated a disputed in WTO against the United States in connection with its measures imposing increased fees on certain applicants for L-1 and H-1B categories of non- immigrant temporary working visas into the United States. Also, in the dispute, the measures connected with the numerical commitments for H-1B visas are challenged by India in WTO, as shown by WTO in its released statements.

Further, as per said statements, the India sought to maintain that the measures put forwarded by the United States are appearing to be “inconsistent” with the global norms, and also with the terms, limitation and conditions which are agreed to and specified by the United States under its made commitments under the General Agreement on Trade in Services- GATS.

As per the procedural requirements at the Dispute Settlement System of the World Trade Organization, the request for the consultations, is termed as the first step towards the resolution of the disputes. Thus, under the aegis of the World Trade Organization, the country has claimed for consultations with the United States for resolving the issue.

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Further, in its process, with the Consultations, the parties will be afforded with the opportunity to discuss the matter and to search for the satisfactory solution, if any, and here litigation will be the further action, when consultations fail to resolve the dispute. The complaining party need to request the Dispute Settlement Body for establishing a panel of expert for studying the dispute.

Soon the complaining party is filing a dispute, the other party will be given 10 days time to file responses upon it and as such United States has such time now. It was also seen in the year 2010, when the India had put serious objections against the move of the United States, where India claimed that US had hike professional visa fees.

Now, the proceedings will further turn with the new news, when the United States will be preferring its stand before WTO.

Adv. Faim Khalilkhan Pathan

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