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Any guest worker program needs several provisions
1) That children of the guest workers born in the United States are not citizens
2) That the employer put up a bond of ?$50,000 (for unskilled)/$100,000(for skilled)? per worker to the state/local government that is forfeited should the guest worker not leave the US after the duration of the contract.
3) That the guest worker’s visa is tied to the employer and that the employer accepts full liablitiy for the guest worker including automobile liability / liability for any criminal actions / liability for any health related costs.
4) That the employer advertise the position on a national website and that qualified US applicants must be taken over guest workers if wage/salary demands are within 200% of the posted wage/salary.
5) That the employer may be sued by those applicants that were rejected. An independent panel will review the merits with the burden of proof laying squarely on the shoulders of the employer. If the wage/salary posted by the employer was deemed too low for the industry, the applicant wins. If the applicant was deemed qualified by the panel, the applicant wins.
6) That the guest worker be able to speak and read english.

re5) That the employer may be sued by those applicants that were rejected.)))

I happen to believe that this could happen right now, and is one of the few avenues available to private citizens with government abrogates their duty to protect our borders.

Employers break the law because it's useful for them. It's like the bank robber--he robs the bank because that's where the money is.

The illegal employee, if the employer fears no enforcement of the law, is much more desirable than a lawful alien or a citizen. He has every motive to discriminate against lawful aliens and citizens....why isn't this a civil rights issue and a working theory to sue employers for hiring illegals over lawful employees?

I am with you on all but 6. They need to be actively engaged in learning the language, but if you have never done it, learning a foreign langauge is very difficult. It is almost impossible outside of the nation where you are learning it. I know this from experience.

Thus, make sure they have access to classes. This would be a hurdle too high to climb. Besides, what would be the criteria for the test - TOEFL? If so, there are probably 50 million or more Americans who wouldn not come close to passing it.