DISPUTE SETTLEMENT

DS: United States — Measures Concerning Non-Immigrant Visas

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by India

On 3 March 2016, India requested consultations with the United States regarding certain measures: (a) allegedly imposing increased fees on certain applicants for L-1 and H-1B categories of non-immigrant visas, and (b) relating to a numerical commitment for H-1B visas.

India claims that the measures are inconsistent with:

  • Articles II, III:3, IV:1, V:4, VI:1, XVI, XVII, XX of the GATS and paragraphs 3 and 4 of the GATS Annex on Movement of Natural Persons Supplying Services.

On 15 March 2016, El Salvador requested to join the consultations.

On 18 March 2016, India requested further consultations. In addition to the legal claims against the measures listed in the original request for consultations, India claimed that the first set of measures were also inconsistent with Article II of the GATS. In addition, India proposed further refinement in the description of the measures in the text of paragraph 4 of the original request.

 

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