If you came on an agricultural visa and someone charged you to get it, or took your passport when you arrived, that is not an industry custom. It is something the law expressly forbids.
At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. Here is what is known, what is not, and what you can do.
What is the Justice Department alleging?
On September 15, 2026, the Justice Department announced a superseding indictment against five people in the U.S. District Court for the Southern District of Georgia.
According to court documents cited by the Department, the defendants allegedly exploited the H-2A temporary agricultural visa program through a scheme that included:
- False information on applications: about where the workers would work and where they would live.
- Improper payments: money demanded before workers could apply for visas or begin working.
- Withholding identification documents and threatening workers.
- Stays beyond authorized periods in exchange for additional fees.
The charges include conspiracy to commit visa fraud, visa fraud, encouraging or inducing illegal entry for commercial gain, and, for one defendant, possession of a firearm by an alien unlawfully in the United States. The case is supported by Joint Task Force Alpha, which targets human smuggling and trafficking networks.
U.S. Attorney Margaret E. “Meg” Heap said that “those who exploit immigrant workers and abuse the H-2A visa program for their own financial gain will be held accountable.”
A point that is not a formality: an indictment is merely an allegation. All five defendants are presumed innocent until proven guilty beyond a reasonable doubt.
What does the law forbid an H-2A employer to do?
This is the part worth saving, because whatever happens in this particular case, the rule applies to everyone.
The federal regulation governing the program (20 CFR 655.135) requires the employer and its agents to comply with assurances that include:
- No fees charged to the worker: the employer and its agents may not seek or receive any payment for obtaining the labor certification, including attorney fees, application fees or recruitment costs.
- No holding your documents: in general the employer may not keep your passport, visa or immigration documents. The exception is narrow: only if you request it in writing, without coercion, and with the guarantee that they are returned immediately on demand.
- No retaliation: they may not intimidate, threaten or discriminate against you for filing a complaint, consulting a lawyer or taking part in a legal proceeding.
If any of those three lines was crossed in your case, there is somewhere to turn: the Labor Department’s Wage and Hour Division accepts complaints, and it is worth reviewing it with an attorney before filing.
What if you were the one who paid, or handed over a passport?
This is the question that frightens people most, and it deserves an honest answer.
The law distinguishes between someone who organizes a scheme and someone exploited by one. That distinction is neither automatic nor for the victim to declare: authorities and courts assess it case by case, based on concrete facts such as who asked for what, what was signed, and under what pressure.
What matters is that forms of relief exist precisely for exploited people:
- T visa: for victims of severe forms of human trafficking who reasonably cooperate with authorities, subject to exceptions.
- U visa: for victims of certain crimes — including involuntary servitude, peonage, extortion and witness tampering — who suffered substantial harm and assist in the investigation.
- Labor protections: support mechanisms exist for workers who report abuses in a labor investigation.
None of these paths is automatic or guaranteed, and all of them demand evidence. Which is why the first step is not filing a form but reviewing the facts with an attorney.
What can you do starting today?
- Keep everything: the contract or job order, receipts for any payment, text messages, recruiters’ names and dates.
- Do not hand over your original passport: if you already did, request it back in writing and keep a copy of that request.
- Write down the real conditions: where you actually worked, where you slept, how many hours, how much you were paid.
- Do not sign what you do not understand, or blank documents, or statements without advice.
- Get advice before reporting: a poorly framed complaint can complicate your own immigration situation. An attorney can tell you what order to do things in.
- Be wary of anyone promising a visa for money: in H-2A, the worker does not pay the cost of the certification.
Protect Your Immigration Status with Campos Law Firm
Labor exploitation cases always hold two stories at once: the scheme, and the families who paid for the chance to work. We handle the second one, which rarely makes the press release.
At Campos Law Firm we assess honestly whether your situation fits a protection for victims, gather the evidence such a case demands, and tell you plainly when there is no path. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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