I. HORIZONTAL COMMITMENTS ALL SECTORS COVERED BY THIS SCHEDULE:
For the purpose of this schedule the "United States" is defined as encompassing the 50 states of the United States, plus the District of Columbia.
Footnote 1: "Temporary entry" means entry without intent to establish permanent residence under immigration laws of the US and confers no rights with respect to citizenship. US commitments regarding entry and temporary stay in the US do not apply in cases of labour/management disputes. (GATS/SC/90 Page 1)
Limitations on market access
- All Sectors: Temporary Entry And Stay of Natural Persons
- 4) Unbound, except for measures concerning temporary entry and stay of nationals of another member who fall into the categories listed below:
Entry for persons named in this section is limited to a three-year period that may be extended for up to two additional years for a total term not to exceed five years.
Specialty occupation aliens and their employers must be in compliance with all labour condition application requirements that are attested to by the established employer. These requirements are: a) wages paid to the person are the greater of: 1) the actual wage paid by the employer to individuals in that place of employment with similar qualifications and experience, or 2) the prevailing wage for that occupational classification in the area of employment; b) conditions of work are such that they will not adversely affect working conditions for those similarly employed; c) there is no strike or lockout in the course of a labour/management dispute in progress at the place of employment affecting the subject occupation; labour/management dispute in progress at the place of employment;
d) the employer has not laid off or otherwise displaced workers in the subject occupation in the previous six months and will not lay off or displace any US worker during the 90-day period following the filing of an application or the 90-day periods preceding and following the filing of any visa petition supported by the application; e) the employer has taken and is taking timely and significant steps to recruit and retain sufficient US workers in the specialty occupation; and f) notice is given at the time of application by the employer to employees or their representatives at the place of employment.