The penalty has to be on the employer when the "guest worker" decides not to return. The employer should have to put up a bond for each worker, and forfeit the bond if the worker elects not to return at the end of their work visa.
Also, the employer should be responsible for all liability for the worker (auto, health, etc.) while the worker is in our country. Nobody else (i.e. local taxpayers) should have to contribute to the employer trying to keep their costs down.
When an employer adds up the additional costs that he normally shifts on to everyone else, maybe the employer will find that its cheaper to raise what they are paying and hire American.
"The penalty has to be on the employer when the "guest worker" decides not to return. "
You've obviously never run a business. Please explain why it "has" to be that way. All that does is turn our own citizens who employ people into criminals.
I don't disagree with the proposals you make. But I don't think they would have the effect you presume.
Under our previous "guest worker" program, there were more than several successful cos. that did nothing but provide workers for seasonal businesses. They provided security checks, transportation, health care, and made sure that the workers went back home on schedule.
The employer paid the co., and the co. paid the workers.
If we had a long term "guest worker" program, I think we would see cos. like that again.
One big advantage to that program was that only the workers came. They didn't bring pregnant wives or children, who use more of our resources than the healthy workers do.