How H-2A Visa Fraud Scheme Unfolded in 2026?

This article gives general legal information. It is not personalized legal advice. Reading it does not create an attorney-client relationship. For advice about your own case, contact Vasquez Law Firm.

What happened in the 2026 H-2A visa fraud case?

In September 2026, five people were charged with using the H-2A visa program to illegally bring workers into the United States. They got temporary worker visas by lying. They also lied about where the workers would work and live. They forced workers to work by threatening them and taking their documents.

On September 18, 2026, the U.S. Attorney for the Southern District of Georgia announced charges against Martha Aquino, Evangelina Aquino De Galvan, Julio Cervantes, Marco Cervantes, and Juan Felipe Romero-Lopez. These people worked together to cheat the H-2A visa program. They asked workers for illegal payments before giving visas or jobs. They kept workers' passports and ID cards. They used violence or threats to stop workers from leaving or refusing work.

After the visas expired, the group helped workers stay in the U.S. illegally. They also moved workers to other places to get more money. Three of the accused were arrested. One is still free. One was already held for having a gun as an illegal immigrant. The charges include conspiracy to commit visa fraud, visa fraud, and encouraging illegal entry for money.

Federal agencies like U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI), the Department of State’s Diplomatic Security Service, and others investigated this case. The charges are only accusations. All accused people are innocent until a court proves they are guilty.

"The defendants lied about where the workers would work and reside and did not comply with the laws and rules governing the visa program. Specifically, they demanded and received improper payments from the workers before the workers could seek H-2A visas or begin working in the United States." (Source: USCIS, https://www.uscis.gov/newsroom/news-releases/five-defendants-charged-with-defrauding-and-exploiting-h-2a-visa-program-to-smuggle-aliens-into-the)

The H-2A visa program lets farm employers legally hire temporary foreign workers. This fraud hurts the program’s honesty. It also harms workers who are abused and trapped in illegal situations.

Who is affected by the H-2A visa fraud and smuggling scheme?

The main victims are the foreign workers who were tricked. They had their documents taken, were threatened, and forced to work illegally. The fraud also hurts employers who follow the law and the whole immigration system.

In North Carolina, farming is a big business. Many H-2A workers help the economy there. Raleigh, NC, and Orlando, FL (where our Florida office is) have many immigrants who depend on legal visa programs to work. Fraud like this causes fear and confusion for workers and employers.

The charges say the accused asked for illegal payments before workers could apply for visas or start jobs. This takes advantage of people who want legal work. The workers’ passports and ID cards were taken. This stopped them from leaving bad situations.

After visas expired, the group helped workers stay illegally and be exploited more. This means workers stayed in the U.S. without permission. This puts them at risk of deportation and legal trouble under 8 U.S.C. § 1227 (laws about deportable aliens).

The charges also mention an illegal immigrant caught with a gun, which raises safety concerns. This scheme affects communities in Georgia and places like Raleigh, NC.

Employers who follow the rules may lose business to those who cheat. Keeping the H-2A visa program honest is important to protect workers and keep legal farm labor.

What does the law say about H-2A visa fraud and related offenses?

The H-2A visa program follows federal immigration laws. These laws require truthful information and protect workers. Crimes like visa fraud, working together to commit fraud (called conspiracy), and helping illegal entry are federal crimes.

The accused face charges of conspiracy to commit visa fraud, visa fraud, and encouraging illegal entry for money. Punishments can be from five to fifteen years in prison, depending on the crime.

Visa fraud breaks rules under 8 U.S.C. § 1101(a)(15) (visa types) and other laws. Helping illegal entry breaks other immigration laws that protect the visa system.

The charges say:

"Aquino, Aquino De Galvan, and Julio Cervantes are charged with conspiring to commit visa fraud, visa fraud, and encouraging and inducing aliens to enter the United States illegally for commercial advantage and private gain." (Source: USCIS, https://www.uscis.gov/newsroom/news-releases/five-defendants-charged-with-defrauding-and-exploiting-h-2a-visa-program-to-smuggle-aliens-into-the)

The law also makes it a crime for illegal immigrants to have guns, as charged against Romero-Lopez. These laws try to stop abuse and protect workers and communities.

Employers and workers should know the legal rules of the H-2A program under regulations like 8 CFR § 274a.12 (work authorization classes) and 8 CFR § 245.1 (rules for changing immigration status).

What should you do if you suspect H-2A visa fraud or exploitation?

If you are a worker, employer, or community member who thinks there is H-2A visa fraud or abuse, act quickly to protect yourself and report it. Do not try to fix these problems alone.

At our Raleigh, NC and Orlando, FL offices, we often see workers who do not understand their rights and are scared of punishment when facing visa fraud or labor abuse. Waiting too long to get legal help is the most common mistake. It can make things worse.

Here are steps you can take:

1. Write down any suspicious or abusive behavior, like demands for illegal payments or threats.
2. Do not give your ID documents to anyone except official government officers.
3. Report suspected visa fraud or abuse to USCIS using the official USCIS Tip Form.
4. Talk to an experienced immigration lawyer to learn your rights and choices.
5. If you are a worker stuck in bad conditions, get help from local community groups or legal aid organizations.

Employers should check that hiring and recruiting follow all laws. Avoid recruiters who ask for money upfront or make false promises.

Legal help can assist with visa applications, changing status under 8 U.S.C. § 1255, and protecting workers from abuse. Getting help early leads to better results and avoids serious legal problems.

What happens next with the H-2A visa fraud case and enforcement?

The accused face federal trials and could go to prison for up to 15 years, depending on the charges. This case shows ongoing efforts to stop visa fraud and human smuggling.

Many agencies like HSI, the Department of State’s Diplomatic Security Service, and the Department of Labor’s Office of Inspector General work together to investigate and prosecute these crimes. USCIS also helps find and stop visa fraud.

Courts will decide if the accused are guilty or innocent based on the evidence. Meanwhile, the government keeps watching and fighting visa program abuse.

The USCIS statement says:

"If convicted, all five defendants face a maximum penalty of five years in prison for visa fraud conspiracy... Romero-Lopez faces a maximum penalty of 15 years in prison for being an illegal alien in possession of a firearm." (Source: USCIS, https://www.uscis.gov/newsroom/news-releases/five-defendants-charged-with-defrauding-and-exploiting-h-2a-visa-program-to-smuggle-aliens-into-the)

For workers and employers in Raleigh, NC and Orlando, FL, this case is a warning. Avoid taking part in fraud and report suspicious activity. Following immigration laws protects everyone.

Frequently Asked Questions about H-2A Visa Fraud and Smuggling

What is the H-2A visa program?

The H-2A visa program lets U.S. employers legally hire temporary foreign farm workers. Employers must follow strict rules about pay, working conditions, and hiring to protect workers.

What are common signs of H-2A visa fraud?

Signs include recruiters asking for money upfront, false promises about job location or conditions, taking passports, threats, and workers forced to stay after visas expire.

How can I report suspected visa fraud?

You can report visa fraud to USCIS using their official Tip Form on their website. Giving detailed information helps stop fraud.

What legal penalties do visa fraud conspirators face?

Penalties include up to 10 years in prison for visa fraud, five years for conspiracy, and more for encouraging illegal entry or gun possession by illegal immigrants.

Can H-2A workers adjust their status if exploited?

Changing immigration status under 8 U.S.C. § 1255 may be possible depending on each case. Talking to an immigration lawyer is important to learn your options.

This article gives general legal information. It is not personalized legal advice. Reading it does not create an attorney-client relationship. For advice about your own case, contact Vasquez Law Firm.

Reviewed by William Vasquez, Founder & CEO, Vasquez Law Firm, PLLC.

If you need legal help, learn more about our immigration law practice, or call us at 1-844-967-3536 for a free evaluation.