Debunking the Myth of Mode 4 and the U.S. H-1B Visa Program

15 October, 2005

This memo clarifies the U.S. law and policy regarding visas for foreign workers to perform work in the United States. The purpose of this memo is to overcome confusion about how the U.S. H-1B system operates and which U.S. officials have the legal ability to make enforceable commitments regarding new rights for foreign worker to enter the United States to provide services.

Currently, misunderstandings about the H-1B visa system are being exploited by service industry and U.S. government representatives to try to trick other countries involved in negotiations on the World Trade Organization