The GAO has completed a study extending over six years on violations of H-2A employment.  The study disclosed failure of employers of legal agricultural workers to pay wages and overtime in accordance with federal regulations.  Obviously many workers returning to their home countries have not received adequate compensation and back wages but are untraceable.  The Department of Labor (DOL) has the responsibility for enforcing compliance with H-2A regulations. 

The GAO analysis covered 2018 through 2023 and included interviews with DOL, Department of Homeland Security and state agencies and five organizations representing workers and six associations representing employers. Recommendations by the GAO included for the Department of Homeland Security to establish a procedure to process H-2A petitions electronically and to establish a mechanism to reimburse workers for back wages.

The problem of illegal migration in search of employment reflects the balance between demand for labor and the availability of potential workers.  The problem of illegal employment could be resolved in part by establishing a realistic allocation of H-2A visas and rectifying deficiencies in the E-Verify system.  These changes will be required in the event of deportation of illegal immigrants that cross borders in response to perceived financial opportunities in the U.S. where they are inevitably subject to exploitation.

Agriculture and some industries require immigrant workers on either a seasonal or continual basis and the economy of the U.S. would benefit from a regularized functional and legal system of visa allocation with appropriate controls over duration of residence in the U.S. and compliance with remuneration and housing.