No reason they can't come back legally and do all of that. Fact is, they are better off doing so, because the employer is then required to pay competitive wages.
Hired 3 Nicaraguans' to work this summer through the H2A program, the boss couldn't be happier.
They boarded their plane at midnight, arrived in Bismarck at noon, wanted to go to the beeyard that afternoon.
Wanted to go to work at 7 am next morning, told them they'd be by around 8:30 to pick them up.
Got there at 8:30 they're both standing at the curb, dressed to go to work, lunches packed, waiting.
David said he set down a few pallets of boxes for them to restack, to take to the beeyard, went to take a dump, before he was through they're in there knocking on the door looking for something to do. Said he went out to see if they'd stacked them all down, and they have enough [beeep] stacked down for two weeks.
Went out and pulled honey, David said he was popping lids, turned around to go back and pull empty boxes off the top and set them down, said they were about to run over him setting them down.
After pulling 2 truck loads of honey, came back, they untied the truck, helped put everything away, he comes back around the corner, one of them has gone and got the other 1 ton and is washing it, at 4:30 in the afternoon. Said, truck is dirty, needs washing, we clean it up.
Had them fill out their W-4 forms, they thought it was fantastic! Last boss didn't withhold taxes, they got done at the end of the year, had to pay in $12,000.
Bought them an Air Conditioner to go in the rental house they're staying in. Boss said they have thanked him every day for a week now.
They keep telling them they are good to work for, last boss stood there screaming and cussing at them non-stop, they work beside them. They've been there a week and both want to come back, want career positions.
They work, work hard, don't complain about anything, are very thankful to have a job, and the ones we have are adamant about complying with the law. Had one application we received that his Visa wasn't approved, the guys said... "Last time he was here, he had 3 month work Visa, he didn't go home for 8 months. No do that. You come, you work, you go home, or you not get to come back."
It's really not that difficult for them to get here legally if they want to. Problem is, most of them aren't intelligent enough to jump through the hoops necessary to do so. And, it doesn't require a great deal of intelligence.