Five people have been indicted in Georgia in connection with an alleged scheme to misuse the H-2A temporary agricultural worker program, collect improper payments from workers and help some workers enter or remain in the United States unlawfully.
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H-2a Visa Update
The case was announced by the U.S. Citizenship and Immigration Services on September 18, 2026, after a federal investigation involving Homeland Security Investigations, the State Department’s Diplomatic Security Service, the Department of Labor’s Office of Inspector General and the Georgia Bureau of Investigation. The Justice Department said a superseding indictment was unsealed on September 15, 2026, in the Southern District of Georgia.
The allegations include visa fraud, conspiracy, encouraging and inducing unlawful entry for commercial advantage or private gain, and possession of a firearm by a noncitizen who was allegedly unlawfully present. The indictment is an accusation, and every defendant is presumed innocent unless proven guilty in court.
What prosecutors allege happened
According to court documents summarized by federal authorities, Martha Aquino, also known as Martha Patricia Resendez Sanchez or Marta, Evangelina Aquino De Galvan and Julio Cervantes are from Alma, Georgia. Marco Cervantes, also known as Chiquilin, is from Rowlett, Georgia. Juan Felipe Romero-Lopez is identified by prosecutors as a Mexican national who was unlawfully present in the United States.
Prosecutors allege that the defendants conspired to obtain H-2A visas by providing false information about where workers would be employed and housed. The H-2A program is intended for temporary or seasonal agricultural work, and employers must comply with labor-certification requirements before filing petitions for workers.
The government further alleges that workers were required to make improper payments before they could apply for visas or begin working. Investigators also accuse members of the group of taking and withholding workers’ passports and other identification documents, and of using threats or violence to discourage workers from leaving or refusing to work.
After some workers’ visas expired, the conspirators allegedly helped them remain in the United States and offered transportation to other locations in exchange for additional payments, according to the government’s account.
Charges and defendants’ reported status
Federal authorities say Aquino, Julio Cervantes and Marco Cervantes were arrested. Evangelina Aquino De Galvan remains at large, according to the USCIS announcement. Romero-Lopez was already detained after being charged in May 2026 with unlawful possession of a firearm by a person unlawfully present in the United States.
Aquino, De Galvan and Julio Cervantes are charged with conspiracy to commit visa fraud, visa fraud, and encouraging or inducing unlawful entry for commercial advantage or private gain. Marco Cervantes faces conspiracy and visa-fraud charges. Romero-Lopez faces a visa-fraud conspiracy charge and the firearm charge.
The Justice Department said the alleged visa-fraud conspiracy carries a maximum penalty of five years in prison. The four defendants charged with visa fraud each face a potential maximum of 10 years on that count. Aquino, De Galvan and Julio Cervantes also face a potential maximum of 10 years for the alleged unlawful-entry inducement offense. Romero-Lopez faces a potential maximum of 15 years for the firearm charge. Actual sentences, if there are convictions, would depend on the charges proven, sentencing rules and the court’s decisions.
How the H-2A program is supposed to work
The H-2A program allows U.S. agricultural employers to hire foreign workers temporarily when they can show that qualified U.S. workers are not available and that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Before petitioning USCIS, an employer generally must complete the Department of Labor’s temporary labor-certification process. That process includes filing a job order, submitting an application for temporary employment certification, recruiting U.S. workers and meeting requirements involving wages, housing, transportation and working conditions. The Department of Labor says employers typically file the job order 75 to 60 calendar days before the first date of need and the labor-certification application at least 45 days before that date.
The case highlights why accurate job and housing information is central to the program. Employers and labor contractors must identify the work to be performed and provide workers with a written contract or approved job order describing material employment terms. Misrepresenting the location or conditions of employment can undermine the labor-certification process and leave workers unable to determine whether the job they accepted matches the job they receive.
Fees, documents and worker protections
Federal labor rules prohibit employers from requiring H-2A workers to pay, directly or indirectly, employer costs associated with obtaining labor certification, including employer attorney or agent fees, application fees and recruitment costs. The Department of Labor also says workers must receive a copy of their work contract, be paid according to the contract, receive required transportation and housing protections, and receive workers’ compensation and necessary tools or equipment at no cost.
Those rules do not mean every payment connected to travel or employment is automatically unlawful. The legal question can depend on what the payment was for, who demanded it, how it was disclosed and whether it shifted an employer’s prohibited costs to the worker. Workers should preserve receipts, contracts, messages, pay records and copies of any visa or travel documents when it is safe to do so.
Withholding a passport or using threats to control a worker can create additional legal issues beyond ordinary program violations. In this case, however, the specific allegations remain matters for the criminal court to resolve.
What workers and employers should do next
For H-2A workers
- Keep copies or photographs of the job order, employment contract, passport, visa, pay records and communications with recruiters or employers.
- Record the dates and amounts of payments requested or made, along with the names of recruiters, agents or supervisors involved.
- Seek help from the Department of Labor if an employer withholds documents, fails to pay required wages, charges prohibited recruitment costs or does not provide required housing or transportation.
- Report suspected immigration benefit fraud or abuse to USCIS through its official tip system. USCIS accepts reports involving suspected fraud, abuse or activities that threaten or undermine the immigration system.
- If there are threats, violence, document confiscation or immediate danger, contact law enforcement or a qualified legal-services organization when safe.
For employers and labor contractors
- Use accurate job, worksite and housing information in all H-2A filings and communications.
- Do not pass prohibited employer-side recruitment, petition or labor-certification costs to workers.
- Provide required written disclosures and maintain records of recruitment, wages, transportation, housing and working conditions.
- Review the Department of Labor’s current H-2A requirements before filing or using a recruiter, agent or labor contractor.
Investigation remains ongoing in court
USCIS said it supported the investigation, which also involved HSI’s Human Smuggling Unit, the Customs and Border Protection National Targeting Center International Interdiction Task Force and the agencies listed above. The announcement does not state that the alleged scheme has resulted in a final conviction or identify a final disposition for the workers who may have been affected.
The defendants will have the opportunity to contest the charges in federal court. The government must prove each charge beyond a reasonable doubt, and the allegations in an indictment cannot be treated as established facts until resolved through the judicial process.
Frequently Asked Questions
What is the H-2A visa program?
The H-2A program allows eligible U.S. agricultural employers to hire foreign workers temporarily for seasonal or temporary agricultural jobs when required labor-certification conditions are met.
What are the defendants accused of doing?
Federal authorities allege that the defendants submitted false information about H-2A jobs and housing, demanded improper payments, withheld worker documents, used threats or violence, and helped some workers remain in the United States after their visas expired.
Have the five defendants been convicted?
No. They have been indicted or charged, but an indictment is only an allegation. Each defendant is presumed innocent unless proven guilty beyond a reasonable doubt.
Can H-2A workers be charged recruitment fees?
Employers generally may not require H-2A workers to pay employer costs connected to labor certification, including employer attorney or agent fees, application fees or recruitment costs. Specific payment disputes may require review of the facts.
How can suspected H-2A fraud be reported?
Suspected immigration benefit fraud or abuse can be reported through the USCIS Tip Form. Workers may also contact the Department of Labor about wage, housing, transportation or recruitment-fee violations.
Fact-Checked: Reported against the USCIS announcement dated September 18, 2026, the Justice Department announcement dated September 15, 2026, and current Department of Labor H-2A guidance reviewed September 19, 2026.
Disclaimer: This article describes criminal allegations and general H-2A rules; it is not legal advice and does not determine the outcome of the case.
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