Indias L1B visa rejections to the US at record high

The data on L1B visa denials along with the issue of higher visa fees

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Denial rates for Indian-born applicants for new L1B visa petitions filed with the United States Citizenship and Immigration Services USCIS,which are used to transfer employees with specialised knowledge into the United States,has surged from 2.8 per cent in FY 2008 to a record 13.4 per cent in FY 2011.

The data on L1B visa denials compiled by the National Foundation for American Policy along with the issue of higher visa fees,have emerged as the latest signs of prickly trade ties between the two countries.

Meanwhile,the US too has sought consultations with India under the Dispute Settlement Mechanism of WTO with regard to Indias import restrictions relating to poultry and other products on account of Avian Influenza in view of notification 1663,further escalating the chill in bilateral trade ties.

According to NASSCOM executives,the increasing denial rates for new L1B visas has resulted in problems for Indian IT firms,with many employers not being able to transfer their employees into the United States to work on research projects or to serve customers on account of the visa denial.

The visa issue has been raised at various levels with the US government,including ministerial level,the Commerce Secretary level and during the Commercial Dialogue, a government official involved in the exercise said.

In April 2012,government officials had said that India had launched a complaint at the World Trade Organisation over the cost of US work visas,which were alleged to be too high and seen as discriminatory against a group of Indian IT firms. The complaint is at the consultations level between the two parties 8211; the last step to settling a disagreement before entering a full-fledged legal dispute.

Earlier,in March 2012,the United States begun the same type of action at the WTO to force open Indias market for poultry meat and eggs,saying an Indian ban on US imports intended to stop the spread of bird flu was not justified.

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The US sought consultations with India under the Dispute Settlement Mechanism of WTO with regard to Indias import restrictions relating to poultry and other products on account of Avian Influenza in view of notification 1663 dated July 19,2011 of Department of Animal Husbandry,Dairying and Fisheries, an official involved in the exercise said.

Consultations were subsequently held with the US on April 16-17,2012 in Geneva,during the course of which various provisions of Indias notifications were explained and responses given to the US queries,officials said.