India will seek consultations with the United States under the aegis of World Trade Organisation (WTO) this week on visa fee hike for professionals, which “discriminates” against Indian software companies that send employees to the U.S. on short-term contracts.
“We have finalised our case. The U.S. visa fee hike is a discriminatory move against Indian IT firms. This week, we will formally file the complaint and seek consultations under WTO,” a senior Commerce and Industry Ministry official told PTI.
As per the procedure of WTO, consultation is the first stage of a complaint filed with the global trade body.
The U.S. had raised visa fee in 2010 to fund its enhanced costs on securing border with Mexico under the Border Security Act. India has been protesting against the measure at different forums.
Consultations give the parties an opportunity to discuss the matter and to find a satisfactory solution without proceeding further with litigation. After 60 days, if consultations fail to resolve the dispute, the complainant may request adjudication by a panel.
Recently Minister of State for Commerce and Industry Jyotiraditya Scinida has informed Parliament that an American law (Emergency Border Security Supplemental Appropriations Act, 2010) has substantially increases the fees for H-1B and L-1 categories of visas for applicants that employ more than 50 employee in the US or have more than 50 per cent of their employees admitted or non-immigrant visas (the “50/50 rule”).
“... which is prima facie discriminatory for Indian companies,” Mr. Scindia has said.
The official said that the H1B visa fee has been increased to USD 2,000 per visa application and L1 by USD 2,700 per visa application.
“The date and place (of these consultations) have not been finalised,” the official said adding the U.S. measure is violating the WTO rules.
Some of the top Indian companies TCS, Infosys, Wipro and Mahindra Satyam were affected by the U.S. action on visa fee. The US is the largest market for the Indian software exports.
However, the large American high-tech corporations which may bring higher numbers of skilled immigrants into the U.S. would not be affected, since vast majority of their workforce is of Americans.
Keywords: U.S. visa fee hike, immigration
The United States is a sovereign country, and has the right to
increase visa fees. I live in Canada, and had to pay $ 200.00 simply
to have the words "passport cancelled" on my passport after I became a citizen here. Did I complain? No I did not, because plain and simple - the Indian government has the right to levy what it considers a fee for services rendered. Do I have the right to question that? Not really.
Did I have a choice? Yes I did. I could have withdrawn my request for a visa, and cancel my travel plans to India. Now let us leave this aside. The one thing that is beyond me is this: why does India depend on the West for employment? Why can't India generate jobs for Indians in India. Then again, if you have to depend on the west for employment - individuals do not pay the visa fees, their employers do. They sure will charge these fees to their clients
in the US in some form or other. So why complain?
There is a stark difference between what type of visa is being requested and from where. While the language used by the Indian side looked exaggerated, governmental involvement pertaining to the issue of business related visas is a given due to the nature of governmental involvement in the same.
@ Raman.
You seem to be comparing apples with oranges. With all due respect a visitor visa is very different from a worker visa and the charges for the issuance of the visas vary for different reasons.If I understood right, U.S. Citizens and PIOs have much in common compared to P Residents and non residents in terms of visiting India. the comment on the above article seems to be misplaced.
Most of the Software companies knowingly abuse the US immigration system and I believe that such VISA fee hikes will at the least provide a platform for genuine people to seek opportunities outside India.
Mr Raman, unfortunately, US is a member of the WTO. The WTO in theory should ensure fair competition; i.e., no policy implementation of WTO member country should result in disadvantage to its participitating members. Unfortunately, that is what the revised visa rules do in effect (i.e., selective targeting of Indian IT companies). Do not forget that the US is also dragging India to WTO for banning poultry imports from US. By your logic, they can't be doing that since it is for each country to deicde what they want to import or not. Unfortunately, not so. WTO rules!
India still does not get it and I can bet self-assuredly that it is a sore loser, should it come to litigation in WTO. What is the fuss? If people in India can afford and if they are itching to come to the US, they will have to pay. If the price is high, then do not come. The Indian government by thrusting itself is looking awful and stupid. By the way, we the NRI and other US citizens are not complaining against India when they raise price for the issuance of visa on a regular basis to visit India.
Please Email the Editor