needs tests or labor certification requirements, provided they are covered under the
terms and conditions of the contract, and the contract exceeds US$50,000.
k.
Applicants under Categories 1 and 2 must submit information pertaining to
level of education, qualifications (including professional accreditation when
required in the home country), proof of citizenship, and wage statements
showing the applicant has been an employee of his or her company for at least
six months.
l.
For services that require the Permit holder under Categories 1 and 2 to be
accredited in the host country in order to provide the service, any such
limitations and conditions will be governed by specific commitments
undertaken by the host country in the pertinent services sector.
m.
Holders of Permits would not be authorized to change their status to another
non immigrant visa category while using the Permit.
n.
Performance Bond. For Category 2 permit holders, the applicant company or
partnership will post a program bond with the local Embassy of the GATS
country to which its employee is seeking access in the amount of US
$250,000.
o.
Fines and Penalties. For Category 1 permit holders, abuse of the program will
result in requisite fines and a one year program prohibition.
p.
Special Safeguards. Notwithstanding (g) above, where a country can establish
that a pattern of practice among a number of companies of a country has led to
fraudulent use or misrepresentation of the Permit, its recognition may be
suspended by any country for a temporary period of time, not to exceed one
year.
III. Best Practices
1. For all forms of temporary entry, Countries will:
a.
make available, in a consolidated text, all measures, in particular
administrative measures, and any descriptive material accompanying such
measures that pertain to the temporary admission of natural persons (defined
as entry, stay, and work authorization). Where possible, countries should
provide this information electronically, on websites or otherwise.
b.
as part of the consolidated text, provide information on the materials or
evidence required of an applicant seeking temporary admission into their
territories, as well as a description of the complete process for its submission,
consideration, and approval.
70