United States Government Accountability Office

GAO Report to the Chairman, Committee on 

the Judiciary, House of Representatives

FOREIGN WORKERS

Information on 

Selected Countries’ 

Experiences 

September 2006 

 

GAO-06-1055 
What GAO Found

United States Government Accountability Office

Why GAO Did This Study

Highlights

Accountability Integrity Reliability

September 2006

FOREIGN WORKERS

Information on Selected Countries’ 

Highlights of GAO-06-1055, a report to the Experiences 

Chairman, Committee on the Judiciary, 

House of Representatives

The opportunity for employment is 

an important magnet attracting 

immigrants, including unauthorized

immigrants, to countries. The

policies and practices used by

other countries to manage foreign

workers, including actions to limit 

illegal immigration and to reduce

the employment of unauthorized

foreign workers, have been shaped

by country-specific economic, 

demographic, and political factors.

Immigration reform is a matter of 

continuing debate in the United

States. This report examines 

selected countries’ (1) programs 

for admitting foreign workers; 

(2) efforts to limit the employment

of unauthorized foreign workers; 

and (3) programs for providing

unauthorized immigrants with an 

opportunity to obtain legal status,

referred to as regularization. To

address these objectives, we

examined reports from foreign 

countries, intergovernmental

organizations, and research

organizations. We also interviewed

government officials and experts 

from 8 countries—Australia,

Belgium, Canada, France, 

Germany, Spain, Switzerland, and 

the United Kingdom—and surveyed

6 other countries. We selected 

these countries based on their net 

immigration rate, population size, 

membership in the Organisation for 

Economic Co-operation and 

Development or World Bank

classification as high income, range 

of immigration policies, and 

geographic location. 

The countries GAO studied have programs for admitting foreign workers, most

of which are focused on recruiting high-skilled or seasonal foreign workers. To 

recruit foreign workers, some countries use bilateral agreements with other

countries. For example, Canada uses bilateral agreements with Mexico and 

several Caribbean nations to recruit seasonal agricultural workers. Some

countries manage foreign worker admissions by various means, such as quotas

or points-based systems. However, officials stated that it is difficult to 

implement a system that responds to changing labor market needs and does not 

create incentives for employers to hire unauthorized foreign workers. Some 

countries regulate foreign worker admissions by specifying requirements for 

participation in a foreign worker program, such as work permit fees. Moreover, 

foreign worker programs differ in their requirements for workers to return 

home. Some temporary programs require workers to return upon expiration of

work permits, while others allow foreign workers to renew their permits and 

apply for permanent resident status. 

The countries GAO studied use a variety of efforts in enforcing laws designed to 

limit the employment of unauthorized foreign workers. In some of these 

countries, employers are required to report workers’ information to government

agencies or to verify workers’ authorization status. Among these countries, the 

employment of unauthorized foreign workers is largely considered one of

several illegal labor practices, including failure to pay taxes or social insurance 

contributions, and government agencies generally focus their enforcement 

efforts and investigate employers to detect all such practices. Government 

officials and experts have noted that conducting frequent employer

investigations and publicizing those investigations helps deter employers’ hiring 

of unauthorized foreign workers. Countries can penalize unscrupulous 

employers for employing unauthorized foreign workers, including imposing 

monetary fines on employers. However, countries have faced difficulties, such 

as the prevalence of document fraud, in penalizing employers. 

Some countries have implemented large-scale regularization programs that allow 

unauthorized immigrants to apply for legal status on either a temporary or a 

permanent basis. Countries have implemented regularization programs for 

different reasons, such as to help reduce the size of the underground economy

or to facilitate immigrant integration, and governments believe they derive some

benefits from implementing these programs, such as increased collection of tax 

and social insurance contributions. Under these programs, countries require

illegal immigrants to meet specified eligibility requirements, such as residency 

and work requirements, before applying for or receiving legal status. Employers 

and unauthorized foreign workers have incentives to participate in 

regularization programs but may not want to because, for example, some 

employers can save money by employing unauthorized foreign workers from

whom they do not pay taxes or social insurance contributions. However,

countries have faced difficulties in implementing these programs, such as in 

ensuring timely review of applications. Moreover, some experts have reported 

that regularization programs may attract further illegal immigration, while others 

have concluded that programs’ effect on illegal immigration is unclear. 

www.gao.gov/cgi-bin/getrpt?GAO-06-1055.

To view the full product, including the scope 

and methodology, click on the link above. 

For more information, contact Richard M. 

Stana, 202-512-8777, stanar@gao.gov. 
Contents 

Letter 1

Results in Brief 4 

Background 8

Countries’ Programs for Admitting Foreign Workers 18 

Countries Use Various Means to Limit Employment of 

Unauthorized Foreign Workers 30 

Countries’ Experiences with Regularization Programs 39 

Concluding Observations 52 

Appendix I Scope and Methodology 54 

Appendix II Information on Immigration-Related Programs in 

Selected Countries 57 

Appendix III Information on Selected Immigration-Related 

Programs in Australia 70 

Appendix IV Information on Selected Immigration-Related 

Programs in Belgium 78 

Appendix V Information on Selected Immigration-Related 

Programs in Canada 82 

Appendix VI Information on Selected Immigration-Related 

Programs in France 87 

Appendix VII Information on Selected Immigration-Related 

Programs in Germany 91 

Page i GAO-06-1055 Foreign Workers
Appendix VIII Information on Selected Immigration-Related 

Programs in Spain 97 

Appendix IX Information on Selected Immigration-Related 

Programs in Switzerland 101 

Appendix X Information on Selected Immigration-Related 

Programs in the United Kingdom 106 

Appendix XI Foreign Country Questionnaires 116 

Appendix XII Acknowledgement of Government and Other 

Entities’ Assistance 149 

Appendix XIII GAO Contact and Staff Acknowledgments 151 

Bibliography 152 

Page ii GAO-06-1055 Foreign Workers
Tables 

Table 1: Examples of Temporary Employment-Based Visas in the 

United States 15 

Table 2: Examples of Tools to Encourage Foreign Worker Return, 

as Reported by Government Officials and Experts 28 

Table 3: Resources for Enforcement of Illegal Labor Practices as 

Reported by Various Countries 33 

Table 4: Civil and Criminal Monetary Fine Amount Ranges for 

Hiring Unauthorized Workers Reported by Various 

Countries 37

Table 5: Selected Countries’ Regularization Programs 42 

Table 6: Selected Information on Countries’ Population 

Characteristics 57

Table 7: Selected Information on High-Skilled Temporary Foreign 

Worker Programs 58 

Table 8: Selected Information on Low-Skilled Temporary Foreign 

Worker Programs 60 

Table 9: Selected Information on Seasonal Temporary Foreign 

Worker Programs 61 

Table 10: Selected Information on Employment Eligibility 

Verification Processes 63 

Table 11: Selected Information on Worksite Enforcement Efforts 66 

Table 12: Canada Points-Based System 84 

Table 13: Data on the Department for the Financial Investigation of 

Clandestine Labor Enforcement Activities for 2003 through 

2005 96 

Table 14: Tier 1 Points-Based System 109 

Table 15: Tier 2 Points-Based System 110 

Table 16: Lists of Documents that Potential Employees Can Present 

to Show Work Authorization 113 

Table 17: Number of Employer Criminal Prosecutions for Each 

Year from 2000 through 2004 114 

Page iii GAO-06-1055 Foreign Workers
Abbreviations 

ANAEM Agence Nationale de l’Accueil des Etrangers et 

 des Migrations 

CIC Citizenship and Immigration Canada 

COLTI Comité Opérationnel de Lutte contre le Travail Illégal 

DILTI Délégation Interministérielle à la Lutte contre le

 Travail Illégal 

DDTEFP Direction Départmentale du Travail, de l’Emploi et 

 de la Formation Professionelle 

DHS Department of Homeland Security 

EEA European Economic Area 

EU European Union 

FARMS Foreign Agricultural Resource Management Services 

HRSDC Human Resources and Skills Development Canada 

ICE U.S. Immigration and Customs Enforcement 

IIRIRA The Illegal Immigration Reform and Immigrant 

 Responsibility Act 

ILO International Labour Organization 

INS U.S. Immigration and Naturalization Service 

IOM International Organization for Migration 

IRCA Immigration Reform and Control Act 

OECD Organisation for Economic Co-operation and Development 

SAWS Seasonal Agricultural Workers Scheme 

USCIS U.S. Citizenship and Immigration Services 

This is a work of the U.S. government and is not subject to copyright protection in the 

United States. It may be reproduced and distributed in its entirety without further 

permission from GAO. However, because this work may contain copyrighted images or 

other material, permission from the copyright holder may be necessary if you wish to 

reproduce this material separately. 

Page iv GAO-06-1055 Foreign Workers
United States Government Accountability Office

Washington, DC 20548 

September 8, 2006 

The Honorable F. James Sensenbrenner, Jr. 

Chairman 

Committee on the Judiciary 

House of Representatives 

According to various studies, immigration affects nearly every country in 

the world, as countries are points of origin for immigrants, places of 

transit, final destinations, or can serve as all three. Migrants move between

countries for a variety of reasons, including family reunification, political

protection, and employment. However, the opportunity for employment is 

one of the most important magnets attracting immigrants, including 

unauthorized immigrants, to countries. Reports indicate that migrants, 

especially labor migrants, help to keep viable segments of certain laborintensive industries, expand foreign trade, provide valuable language and

cultural expertise to companies, and contribute to the economic 

revitalization of some communities. Yet these reports also note that 

immigration, particularly illegal immigration, may have adverse 

consequences, such as helping to depress wages for low-skilled workers 

and creating net fiscal costs for some levels of governments.1

Countries use a variety of policies and practices related to foreign worker 

programs, including actions to limit illegal immigration and to reduce 

employment of unauthorized foreign workers. These policies and practices 

have been shaped by country-specific economic, demographic, and 

political factors, such as countries’ unemployment rates and population 

characteristics. They may include visa categories to allow migrants to 

enter and work in a country on a legal basis, mechanisms to regularize the 

status of unauthorized migrants currently residing in a country,2

 means to 

 1

 See U.S. Commission on Immigration Reform, Becoming an American: Immigration and

Immigrant Policy (Washington, D.C.: 1997) and National Academy of Sciences, The New 

Americans: Economic, Demographic, and Fiscal Effects of Immigration, 2003. 

2

 The term “regularization” describes programs that provide unauthorized migrants already

residing in a country with the opportunity to secure legal status on a permanent or 

temporary basis. In some countries, regularization programs have provided unauthorized

migrants with temporary work permits and residence status, while in other countries, 

regularization programs have provided unauthorized migrants with permanent residence

status. 

Page 1 GAO-06-1055 Foreign Workers 
verify workers’ employment authorization status, and efforts to enforce 

laws that prohibit the employment of unauthorized workers. 

As in other countries, immigrants can legally enter and reside in the United 

States through different channels, such as work visa programs, but some 

also illegally enter or overstay their visas and illegally remain in the United

States. Various reports have estimated that the U.S. unauthorized 

immigrant population was about 11 million in 2005. Congress has passed 

laws to provide legal channels for immigrants to live, work, and become 

naturalized citizens and to prohibit unauthorized migrants from entering 

and working in the United States. In 1986 Congress passed the 

Immigration Reform and Control Act (IRCA),3

 making it illegal for 

individuals or entities to knowingly employ unauthorized workers and 

establishing an employment eligibility verification process and a sanctions 

program for fining employers who do not comply with the act. The Illegal 

Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 19964

revised some provisions of IRCA and established voluntary pilot programs 

for employers to electronically verify employees’ work eligibility. 

More recently, the House of Representatives and the Senate passed 

different bills to further revise certain elements of U.S. immigration law. 

Among other things, these proposals would revise current border and 

interior enforcement measures and require employers’ mandatory 

participation in an electronic employment eligibility verification system. 

The Senate proposal would also establish a new temporary foreign worker 

program and allow certain unauthorized immigrants currently residing in

the United States to apply to regularize their status. 

You asked us to review other countries’ efforts to reduce the unauthorized 

employment of foreign workers. This report addresses the following 

questions: (1) What are selected countries’ programs for admitting foreign 

workers, and what are the reported advantages and disadvantages of these 

programs? (2) What are selected countries’ efforts to limit the employment 

of unauthorized foreign workers, and what are the reported advantages 

and disadvantages of these efforts? (3) What are selected countries’ 

programs for providing unauthorized immigrants with an opportunity to 

obtain legal status, referred to as regularization, and what are the reported 

advantages and disadvantages of these programs? In addition, this report 

 3

 Pub. L. No. 99-603, §101(a)(1) (codified at 8 U.S.C. §1324a). 

4

 Pub. L. No. 104-208, div C, §§ 401-405, 411, 412, 416, 110 Stat. 3009-547, 3009-649, 655-69. 

Page 2 GAO-06-1055 Foreign Workers 
provides information on selected countries’ foreign worker programs, 

worksite enforcement efforts, and regularization programs in appendixes 

II through X. 

To answer these questions, we obtained government agency reports and 

other documents and interviewed officials during site visits to Belgium, 

Canada, France, Germany, Spain, Switzerland, and the United Kingdom. 

We also interviewed officials and obtained documents from, but did not 

visit, Australia. In addition, we sent four questionnaires to government 

agencies in 13 countries and received responses from Argentina, Austria, 

the Netherlands, New Zealand, Portugal, and Singapore.5

 We selected the 

countries for our review based on their net immigration rate, size of 

population, membership in the Organisation for Economic Co-operation 

and Development (OECD) or World Bank classification as high income, 

range of immigration policies, and geographic location. In the 7 countries 

we visited and Australia, we interviewed officials from the labor 

ministries, interior ministries, finance ministries, treasury departments, 

social security agencies, immigration agencies, law enforcement agencies, 

and local government agencies. We analyzed information and documents, 

such as agency annual reports, manuals, and briefing materials, from these 

countries to determine the characteristics, functions, resources, and 

outputs of the countries’ programs to admit foreign workers, enforce laws 

that prohibit the employment of unauthorized foreign workers, and 

regularize unauthorized immigrants. Our questionnaires included general 

questions about the characteristics, functions, outputs, and agency views 

on the advantages and disadvantages of these programs in the surveyed 

countries. We did not independently examine countries’ laws and 

regulations, but rather based characterizations of countries’ programs on 

information provided by countries in response to the questionnaires or in 

interviews as of July 2006. 

In addition, we interviewed officials and analyzed reports from the 

International Labour Organization (ILO),6 the International Organization 

for Migration (IOM), OECD, and the European Union (EU). We also 

examined reports and studies from research organizations and 

immigration experts, including reports from the Migration Policy Institute; 

 5

 See appendix XI for copies of the questionnaires. 

6

 In addition, we reviewed studies from the International Labour Office and the 

International Labour Conference, which are two of the main bodies of the International

Labour Organization. 

Page 3 GAO-06-1055 Foreign Workers 
the Center on Migration, Policy and Society at Oxford University; and the 

Center for Comparative Immigration Studies. In addition, we interviewed 

officials from the United Nations High Commission for Refugees; the 

United Nations High Commission for Human Rights; the 

Intergovernmental Consultations on Asylum, Refugee, and Migration 

Policies; 6 employer associations; 10 labor groups; and 1 advocacy group, 

as well as 19 immigration experts in Belgium, Canada, France, Germany, 

Spain, Switzerland, the United Kingdom, and the United States.7

 We 

selected the experts based on the following criteria: type and depth of 

experience; recognition in the professional community; relevance of 

published work; employment history; and researchers’ recommendations. 

We also interviewed officials from the Departments of Labor and 

Homeland Security in the United States. We analyzed information from 

these sources to determine their views on the advantages and 

disadvantages of countries’ temporary foreign worker programs, efforts to 

enforce laws that prohibit the employment of unauthorized foreign 

workers, and regularization efforts. For more detailed information on our 

scope and methodology, see appendix I. We conducted our work from 

September 2005 through August 2006 in accordance with generally 

accepted government auditing standards. 

The countries in our review have programs for admitting foreign workers, 

which have advantages, such as providing employers with a legal 

workforce, and disadvantages, such as difficulties in ensuring that foreign 

workers under temporary foreign worker programs return to their home 

countries. Countries’ programs are generally focused on recruiting highskilled or seasonal foreign workers, and countries do not recruit 

significant numbers of low-skilled workers.8

 Some countries manage the 

recruitment of workers by bilateral agreements or the use of private sector 

entities, often called third party entities. For example, Canada uses 

Results in Brief 

 7

 See appendix XII for a list of the experts we interviewed. 

8

 For the purposes of our report, we define “high-skilled foreign workers,” also referred to 

as “skilled foreign workers,” as workers brought in or allowed entry from foreign countries

by the government for a specified amount of time, on the basis of intermittent, peak load, 

or one time labor market needs for jobs requiring specialized knowledge or skills, generally 

gained through the completion of higher education, training, or professional experience. 

We define “low-skilled foreign workers,” also referred to as “unskilled foreign workers,” as 

those workers brought in for non-seasonal jobs that require limited education, training, or 

experience. We define “seasonal foreign workers” as workers brought in to meet the 

seasonal, intermittent, peak load, or one time needs of seasonal jobs, such as those of

agricultural producers.

Page 4 GAO-06-1055 Foreign Workers 
bilateral agreements with Mexico and several Caribbean nations to recruit 

seasonal foreign workers to work in agricultural sectors.9

 The countries 

we studied determine the number of foreign workers that can be admitted 

by a variety of means, such as quota systems. However, experts stated that 

it is difficult to implement a system that flexibly responds to changing 

labor market needs and does not provide an incentive for employers to 

hire unauthorized workers. In addition, countries regulate foreign worker 

admissions by specifying requirements for participation in a foreign 

worker program. These requirements may state, among other things, that 

the foreign worker or potential employer must pay a fee to obtain a work 

permit and specify whether the foreign worker is entitled to bring family 

members. Moreover, the foreign worker programs we studied differ in 

their requirements for foreign workers to return to their home countries. 

Some temporary programs require temporary foreign workers to return 

upon expiration of the work permit, while others allow a foreign worker to 

apply for permanent resident status. Programs that require a foreign 

worker to return home after a work permit expires may include a variety 

of tools to encourage or enforce the return of temporary foreign workers, 

such as allowing foreign workers to collect withheld earnings upon return. 

However, experts and government officials noted that it is difficult to 

successfully ensure foreign workers’ return, and as a result, countries we 

studied estimated that a significant number of immigrants overstayed their 

work permits, thus lapsing into illegal status. 

Countries we studied use a variety of efforts in enforcing laws designed to

limit the employment of unauthorized foreign workers, which have helped

countries address the underground economy, 10 but they have also faced 

difficulties in effectively implementing these efforts, such as identifying

those who are not authorized to work and collecting employer monetary 

fine amounts. In many of the countries, employers are required to register 

the employment of workers with government agencies, and in some of 

these countries, employers are also required to verify workers’ 

authorization status. For example, employers in the United Kingdom are 

required to verify the work authorization status of all workers to establish 

 9

 Canada also maintains bilateral agreements with Barbados, Jamaica, Trinidad and 

Tobago, and the Organization of Eastern Caribbean States for the admission of seasonal

workers. 

10 According to studies, the underground economy includes any employment in a country

for which employers do not pay taxes or social insurance contributions and is thus

composed of both unauthorized foreign workers and native workers for whom appropriate 

contributions are not paid. 

Page 5 GAO-06-1055 Foreign Workers 
an affirmative defense against a charge of employing unauthorized foreign 

workers,11 while in Belgium, employers are required to review foreign 

workers’ authorization. In the countries we studied, the employment of 

unauthorized foreign workers is generally considered one of various illegal 

labor practices, including failure to pay taxes or social insurance 

contributions or provide fair wages and safe working conditions. As a 

result, government agencies in these countries generally focus their 

enforcement efforts and allocate resources to detect any illegal labor 

practices on the part of employers. Countries in our review use different 

tools to conduct enforcement actions against employers engaged in such 

practices. To obtain information on potential cases of unauthorized 

foreign worker employment, for example, enforcement agencies may 

examine various sources, such as tips from the public or data in 

government databases. On the basis of this and other information, 

enforcement agencies may inspect or investigate employers’ worksites. 

According to governmental and nongovernmental officials, conducting 

frequent employer investigations and publicizing those investigations 

helps deter employers from hiring unauthorized foreign workers, although 

countries have faced challenges, such as the prevalence of document 

fraud, in investigating and penalizing employers. Government agencies 

may monetarily sanction employers for hiring unauthorized foreign 

workers, although the deterrent effect of monetary fines on employers’ 

hiring of unauthorized foreign workers is unclear. In addition, countries 

use other tools, such as excluding employers from receipt of public 

contracts and seizing employers’ assets, to penalize employers for hiring 

unauthorized foreign workers. 

Some of the countries we studied have implemented large-scale 

regularization programs that allow unauthorized immigrants to apply for 

legal status on either a temporary or a permanent basis. While 

regularization programs have provided benefits to countries, such as 

reducing employment in the underground economy, countries have also 

faced challenges in implementing and assessing the programs. Countries 

have implemented regularization programs for various reasons, such as to 

help socially and economically integrate unauthorized foreign workers. 

Under most programs, countries required unauthorized immigrants to 

 11 It is a criminal offense in the United Kingdom for employers to employ someone subject 

to immigration control who has no right to work in the country, or no right to do the work

being offered. Employers can establish a defense against conviction for employing an 

unauthorized worker by checking and copying certain original documents presented by 

potential new workers. 

Page 6 GAO-06-1055 Foreign Workers 
meet specified eligibility requirements, such as residency and employment 

requirements, before applying for or receiving legal status. In these 

countries, employers and unauthorized foreign workers have incentives 

for participation in regularization programs, but may not want to 

participate for different reasons. For example, experts have noted that 

employers save money by employing unauthorized foreign workers for 

whom they do not pay taxes or social insurance contributions, and thus, 

employers may choose not to participate in a country’s regularization 

program. Governments in countries that have implemented regularization

programs to provide unauthorized immigrants with legal status perceive 

benefits from such programs. According to government officials and 

experts, governments can collect taxes and social insurance contributions 

from unauthorized immigrants who gain legal status and did not 

previously pay these contributions. Yet governments may incur costs and 

face difficulties in implementing regularization programs, such as in 

managing the application process and in determining whether immigrants 

granted temporary legal status renew their status. In addition, experts 

have reported that the effect of regularization programs on illegal 

immigration and employment in countries that have implemented such 

programs is unclear. For example, some have suggested that regularization

programs encourage further illegal immigration, while others have noted 

that a lack of evaluation hinders efforts to determine the impact of 

regularization programs on future illegal immigration. 

The policies and practices employed by other countries to regulate the 

employment of foreign workers are shaped by each country’s unique 

political, social, cultural, and economic characteristics. These 

characteristics inform countries’ decision-making processes and may not 

be readily applicable to the United States. In particular, the unauthorized 

workers who could be affected by a regularization program in this country 

far outnumber the participants in past programs in the countries we 

studied. However, the experiences of other countries in addressing foreign 

worker flows and employment are useful in identifying a broad range of 

issues for consideration by any country that attempts to reform its 

immigration policy and can illuminate the potential advantages and pitfalls 

associated with them. 

Page 7 GAO-06-1055 Foreign Workers 
Individuals migrate between countries for different reasons, including for 

family reunification, humanitarian, and work purposes. Many countries 

provide channels through which immigrants can legally enter to live with

their immediate family members, and most countries we studied also 

admit immigrants who are refugees or claim asylum. Countries also have 

established temporary and permanent migration channels through which 

individuals can legally enter for employment. 

Background 

Political and Social 

Factors Related to 

Immigration 

Social and political factors in countries may affect countries’ immigration 

policies. For example, studies have noted that a country’s perception of its 

national identity can affect the country’s policies for admitting and 

integrating immigrants.12 A country that perceives itself as being culturally 

homogeneous may view immigration differently than countries with long 

histories of immigration. Relatedly, countries’ policies for granting 

permanent residence or citizenship to immigrants may affect countries’ 

immigration programs. For instance, policies regarding permanent 

residency and citizenship may help shape the types of programs countries 

implement for admitting immigrants and facilitating immigrants’ social and 

economic integration. 

Studies have noted the importance of social and economic integration for

immigrants.13 Programs to integrate immigrants into a country provide 

benefits to both the country and immigrants by promoting social cohesion;

fostering immigrants’ support for and participation in the country’s 

political, economic, and social systems; and helping to ensure the 

protection of immigrants’ rights and to enhance their ability to access the 

labor market. These programs may provide immigrants with job training or

work experience, language or civics courses, and other educational 

opportunities. 

 12 See, for example, International Organization for Migration, World Migration 2005: Costs

and Benefits of International Migration (Geneva, Switzerland: 2005). 

13 See, for example, Organisation for Economic Co-operation and Development, Trends in

International Migration (Paris, France: 2005), and Organization for Security and Cooperation in Europe, International Organization for Migration, and International Labour 

Office, Handbook on Establishing Effective Labour Migration Policies in Countries of

Origin and Destination, 2006.

Page 8 GAO-06-1055 Foreign Workers 
Countries may implement changes to existing immigration policies, 

including to reduce immigrant admissions or, conversely, to provide 

increased opportunities for legal immigration, based on different factors

or events. Countries may revise their immigration policies to respond to 

external events, such as humanitarian crises in other countries or 

international conflicts by, for example, changing the number of refugees 

and asylum seekers admitted to the countries. Moreover, countries may 

strengthen their border control efforts, for instance, in response to 

increased illegal immigration flows from neighboring countries. 

Economic and 

Demographic Factors 

Related to Immigration 

Various economic and demographic characteristics are linked to 

countries’ immigration policies. In particular, studies have noted that 

economic factors, such as unemployment rates, economic growth rates, 

and the size of the underground economy, may affect countries’ 

immigration policies.14 For example, high unemployment rates may limit 

the number of foreign workers countries admit, as unemployed native 

workers take jobs typically filled by foreign workers. Therefore, high 

unemployment rates in certain countries may encourage foreign workers 

to seek employment in other countries with lower unemployment rates. 

Likewise, studies have suggested that the relative difference in the size and 

growth of countries’ economies can affect immigration flows. Countries 

with large or fast-growing economies are attractive to foreign workers—

including unauthorized immigrants. 

The employment of unauthorized foreign workers contributes to 

countries’ underground economies. The underground economy includes 

any employment in a country for which employers do not pay taxes or 

social insurance contributions and is thus composed of both unauthorized 

foreign workers and native workers for whom appropriate contributions 

are not paid. Studies have noted that both employers and workers benefit 

from working in the underground economy because in doing so, neither 

group pays taxes or social insurance contributions.15 Employment in the 

underground economy may negatively affect government revenue because 

governments do not collect taxes and social insurance contributions on 

 14 See, for example, International Organization for Migration, World Migration 2005 and 

International Labour Office, Towards a Fair Deal for Migrant Workers in the Global

Economy (Geneva, Switzerland: 2004). 

15 See, for example, Friedrich Schneider and Robert Klinglmair, Shadow Economies 

Around the World: What Do We Know? Johannes Kepler University of Linz, (Linz-Auhof, 

Austria: April 2004). 

Page 9 GAO-06-1055 Foreign Workers 
underground employment. Likewise, workers in the underground 

economy may find it more difficult to access social insurance benefits and 

may be more at risk for exploitation.

Demographic factors, particularly countries’ birthrates and population 

characteristics, may also affect immigration policies. Studies have noted 

that aging, low-growth populations may have long-term effects on 

countries’ fiscal and economic outlook, and these countries may be more 

disposed to admitting foreign workers than other countries.16 For example, 

as the number of younger people in a country decreases relative to the 

increase in the number of older people, contributions made by younger 

workers to countries’ social insurance systems may not be sufficient to 

provide insurance benefits for the increasing older population. Therefore, 

countries with aging, low-growth populations may have an incentive to 

encourage legal immigration and admit large numbers of foreign workers 

who can contribute to countries’ tax and social insurance systems and 

may be more at risk for exploitation.

Yet foreign workers in countries may also be eligible to receive some 

social insurance benefits, and foreign workers’ access to such benefits 

varies among countries. For example, in some countries foreign workers, 

including unauthorized foreign workers, can access unemployment and 

health insurance but cannot receive retirement benefits. Given that foreign

workers contribute to tax and social insurance systems but also can 

receive social insurance benefits, in most countries it is unclear whether 

foreign workers’ contributions are greater than the benefits they receive or

whether foreign workers, particularly unauthorized workers, create net 

fiscal costs for governments. In addition, studies suggest that unauthorized 

foreign workers create other costs for governments, such as costs for 

social services as well as for border and interior enforcement efforts. 

Experts have reported that immigration provides economic benefits to 

countries that may exceed any fiscal costs to governments resulting from 

unauthorized immigration.17 These experts have suggested that migration 

helps to allocate labor resources among global labor markets, creating net 

 16 See, for example, International Organisation for Migration, World Migration 2005.

17 See, for example, Global Commission on International Migration, Migration in an

Interconnected World: New Directions for Action (Switzerland, October 2005) and 

Organisation for Economic Cooperation and Development, Combating the Illegal 

Employment of Foreign Workers (Paris, France: 2000). 

Page 10 GAO-06-1055 Foreign Workers 
gains for migrants and countries receiving the migrants. For example, in 

some countries there is little direct competition between immigrants and 

local workers for jobs in most sectors. In such instances, foreign workers 

can fill needed jobs for which no native workers are available. In countries 

with more direct competition between immigrant and resident workers, 

particularly for low-skilled jobs, immigrants tend to compete with native

workers as well as with other immigrants already residing in the country 

with similar skills. In these cases, resident workers, both citizens and 

noncitizens, may experience declining wages or wages that rise slowly and 

increasing unemployment rates. Moreover, studies have suggested that a 

high concentration of foreign workers in certain industries or geographical 

areas can depress employment and working conditions in the local labor

force.18

Free Movement among EU 

Countries

Among EU countries, policies and practices established by the EU may 

affect member countries’ immigration policies. In particular, within the 

EU, nationals or citizens of member countries can move freely between 

other member countries without being subject to border controls. In June 

1985, five EU countries initially signed a treaty to create a territory within 

the EU that did not have internal border checkpoints and controls, which 

became known as the Schengen area. This treaty includes EU members, 

other than the United Kingdom and Ireland, and does not yet fully apply to

the 10 new members that acceded to the EU in May 2004.

19 When the 

Schengen area came into effect, it abolished the internal borders of the 

signatory states and created a single external border for immigration 

checks for all states within the Schengen area. 

In addition to the right of free movement, nationals of EU member 

countries have the right to work in any other member country. However, 

this right has not yet been fully extended to new member countries that 

acceded to the EU in May 2004. For the first 2 years following accession, 

new member countries’ access to labor markets in the existing member 

 18 See, for example, International Organisation for Migration, World Migration 2005.

19 The members of the Schengen area are Austria, Belgium, Denmark, Finland, France,

Germany, Greece, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, 

and Sweden. All these countries except Norway and Iceland are European Union members. 

The member states that joined the European Union on May 1, 2004, are bound by the entire 

Schengen agreement, but certain provisions will apply to them only after border controls 

have been abolished. These 10 new EU members are: Cyprus, the Czech Republic, Estonia, 

Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia. 

Page 11 GAO-06-1055 Foreign Workers 
countries depended on the national policy of each existing member 

country. Among the existing member countries, Ireland, Sweden, and the 

United Kingdom fully opened their labor markets to workers from all the 

new member states. Other existing member countries limited workers’ 

access to labor markets under transitional arrangements for various 

reasons, including to limit competition among domestic and foreign labor 

forces. At the end of the initial 2-year period, the European Commission 

assessed the transitional arrangements for workers from the new EU 

countries.20 In addition, existing member countries decided whether to 

continue the arrangements for an additional 3 years or to allow workers 

from the new member countries full access to labor markets. Finland, 

Greece, Portugal, and Spain opened their labor markets to workers from 

the new EU countries as of May 1, 2006, while the other EU member 

countries decided to continue the transitional arrangements. At the end of

this 3-year period, existing member countries can, under limited 

conditions, restrict labor access for an additional 2-year period. Member 

countries cannot extend the transitional arrangements beyond 7 years 

after the new members’ EU accession. 

Immigration-Related 

Programs in the United 

States 

United States immigration policy distinguishes between temporary and 

permanent admissions by providing for two types of U.S. visas for foreign 

nationals entering the country. Immigrant visas are issued to foreign 

nationals who intend to live permanently in the United States, while 

nonimmigrant visas are for foreign nationals wishing to enter the country 

on a temporary basis, such as for temporary work, study, or tourism. The

immigrant visas generally provide a path to eventual citizenship, while the 

nonimmigrant visas require that, upon expiration of the visa, the visa 

holder must either leave the country or change status to a new visa 

category. 

Permanent immigrant visas are issued for family reunification, 

employment, or humanitarian reasons. Immigrants who apply to enter the 

United States for work purposes are required to follow a multistep 

process. First, the potential worker and employer determine if the worker 

is eligible for a permanent employment-based visa based on the applicant’s 

skills. Second, most employment categories require that the U.S. employer 

 20 Commission of the European Communities, Report on the Functioning of the 

Transitional Arrangements set out in the 2003 Accession Treaty (Brussels, Belgium: 

2006). 

Page 12 GAO-06-1055 Foreign Workers 
complete a labor certification request for the applicant and submit it to the 

Department of Labor’s Employment and Training Administration Office of

Foreign Labor Certification. This office provides labor certifications to 

employers once employers have demonstrated that there are insufficient 

qualified U.S. workers available and willing to perform the work at wages 

that meet or exceed the prevailing wage paid for the occupation, and 

employment of the immigrant will not adversely affect the wages and 

working conditions of U.S. workers similarly employed. Third, once the 

employer receives the labor certification, the employer files an immigrant 

visa petition, which must be approved by U.S. Citizenship and Immigration 

Services (USCIS) in the Department of Homeland Security (DHS). Finally, 

the Department of State provides the applicant an immigrant visa number. 

The visa number indicates that a visa has been assigned to the applicant, 

but the applicant is required to wait, sometimes for years, for the visa 

number to become available in order to complete the process of becoming

a permanent resident. 

Current U.S. law allows for 140,000 permanent employment-based visas 

per year and preferentially grants these visas based on skill level, with 

highly skilled applicants receiving the highest preference. The first level of 

preference is provided to persons of “extraordinary ability” in the arts, 

sciences, education, business, or athletics; outstanding professors and 

researchers; and multinational executives and managers all of whom must 

meet certain specified criteria.21 The second level of preference is provided 

to members of professions holding advanced degrees or persons of 

“exceptional ability” in the sciences, art, or business who meet certain 

specified criteria.22 The third preference level is provided to skilled 

workers with at least 2 years’ training or experience, professionals with 

baccalaureate degrees, and up to 10,000 unskilled shortage workers 

performing work that is not of a temporary or seasonal nature. 

The majority of work-related visas that are granted in the United States are 

for a temporary period and require the employer to file a petition with 

USCIS. The beneficiaries of the visa petition generally must provide 

 21 “Extraordinary ability” must be demonstrated by sustained national or international 

acclaim and achievements that have been recognized in the field through extensive 

documentation. 8 U.S.C. § 1153(b)(1)(A). 

22 According to 8 U.S.C. § 1153(b)(2)(A), individuals with “exceptional ability” are those

who will substantially benefit prospectively the national economy, cultural or educational

interests, or welfare of the United States, and whose services in the sciences, arts, 

professions, or business are sought by an employer in the United States. 

Page 13 GAO-06-1055 Foreign Workers 
evidence that they are not coming to live permanently in the country, and 

in some cases, as discussed above, employers must receive an

employment certification from the U.S. Department of Labor. The United

States currently has 72 specific types of temporary visas, and a subset of 

these permit the visa holder to be employed while in the United States. 

Table 1 provides examples of some of these temporary, employment-based 

visa programs. Some work visas are designed to attract workers in specific 

labor market sectors, such as nursing or corporate managers. One of the 

largest categories for work-related visas is the H visa, which includes the 

H-1B, H-2A, and H-2B visas, and is not specific to a particular market. H-1B 

visas are for professional specialty workers with highly specialized 

knowledge or distinguished fashion models and are renewable for up to 

6 years. The H-2A visa is for seasonal or temporary agricultural workers 

and allows for a maximum stay of 3 years. Finally, the H-2B visa is a 

general, temporary visa for nonagricultural workers; is limited to 

66,000 visas annually; and does not have requirements for skill levels. 

After the temporary visas expire, the foreign worker is required to leave 

the United States. Migrants who overstay their visas contribute to the 

unauthorized foreign worker population in the United States, despite 

provisions in the law that limit or control the ability of unauthorized 

migrants to find employment. We have previously reported that the United 

States has difficulty in tracking the status of immigrants who enter the 

country legally and then overstay their visas.23

 23 GAO, Overstay Tracking: A Key Component of Homeland Security and a Layered

Defense, GAO-04-82 (Washington, D.C.: May 21, 2004). 

Page 14 GAO-06-1055 Foreign Workers 
Table 1: Examples of Temporary Employment-Based Visas in the United States 

Visa Type of foreign workers 

Annual 

numeric limit Length of stay

E International investors and traders None Renewable up 

to 2 years with 

possible extension 

of stay 

H-1B Temporary workers in professional specialty occupations with highly specialized

knowledge or fashion models of distinguished merit and ability 

65,000 

(with certain 

exceptions) 

Renewable up 

to 6 years 

H-2A Temporary agricultural workers None Maximum stay 

of 3 years 

H-2B Temporary nonagricultural workers 66,000 Maximum stay 

of 3 years 

J Instructors or researchers in education and cultural exchange programs designated by 

the Department of State 

None No maximum

stay restriction 

L Intercompany transfers in a capacity that is managerial, executive, or involves 

specialized knowledge 

None 5-7 years 

O Persons with extraordinary ability in the sciences, arts, education, business, or 

athletics or certain persons accompanying or assisting them

None 3-4 years

P Internationally recognized athletes, members of an entertainment group, or certain 

other individual performing artists or entertainers 

None 10 years

Q-1 Providers of practical training, employment or experience in cultural exchange 

programs approved by USCIS 

None Maximum stay of 

15 months 

R Religious workers None Maximum stay of 

5 years 

TN Temporary workers under the North American Free Trade Agreement None Renewable up 

to 2 years 

Source: GAO analysis of USCIS data. 

U.S. immigration laws have also established a variety of means by which 

immigrants can change their status after entering the country. For 

example, some temporary visa categories allow a legal visa holder to apply 

to adjust to lawful permanent resident status under a permanent 

employment- or family-based category after a specified period of time of 

working legally in the United States. In addition, IRCA established a 

regularization program to provide legal status to aliens who had 

continuously resided in the United States illegally prior to January 1, 1982. 

It is estimated that the programs under IRCA regularized the status of 

nearly 3 million unauthorized immigrants. 

IRCA also established procedures for verifying the work authorization of 

foreign employees and for enforcing laws to limit the employment of 

Page 15 GAO-06-1055 Foreign Workers 
unauthorized workers. The act made it illegal for individuals to knowingly 

hire, continue to employ, or recruit or refer for a fee unauthorized workers 

and established a two-pronged approach for helping to limit the 

employment of unauthorized workers: (1) an employment verification 

process through which employers verify newly hired employees’ work 

eligibility and (2) a sanctions program for fining employers who do not 

comply with the act.

Under the employment verification process, employees and employers 

must complete the Employment Eligibility Verification Form (Form I-9) to 

certify that the employees are authorized to work in the United States. 

Employers must request that newly hired employees present a document

or documents that confirm employees’ identity and work eligibility. 

Currently, there are 27 different documents that can be used to establish 

work eligibility. On the Form I-9, employees must attest that they are U.S.

citizens, lawfully admitted permanent residents, or aliens authorized to 

work in the United States. Employers must then certify that they have 

reviewed the documents presented by their employees to establish identity 

and work eligibility and that the documents appear genuine and relate to 

the individual presenting them. In making their certifications, employers 

are expected to judge whether the documents presented are obviously 

counterfeit. Employers are deemed in compliance with IRCA if they have 

followed the verification procedures, including instances when an 

unauthorized alien may have presented fraudulent documents that 

appeared genuine. We have previously reported that current weaknesses, 

such as difficulty in detecting document and identity fraud and the large 

number of acceptable documents for proving work eligibility, have 

undermined the effectiveness of the employment verification process.24

Those employers who do not follow the verification process can be 

sanctioned for knowingly hiring or continuing to employ unauthorized 

workers, or for improperly completing the Form I-9. Employers who fail to 

properly complete, retain, or present for inspection a Form I-9 may face

civil or administrative fines ranging from $110 to $1,100 for each employee 

 24 GAO, Immigration Enforcement: Weaknesses Hinder Employment Verification and

Worksite Enforcement Efforts, GAO-05-813 (Washington, D.C.: Aug. 31, 2005). 

Page 16 GAO-06-1055 Foreign Workers 
for whom the form was not properly completed, retained, or presented.25

IIRIRA of 1996 limited employer liability for certain technical violations of 

Form I-9 paperwork requirements. According to the act, a person or entity

is considered to have complied with the employment verification process 

if the person or entity made a good faith attempt to properly complete the 

Form I-9.26 Employers who knowingly hire or continue to employ 

unauthorized aliens may be fined from $275 to $11,000 for each employee, 

depending on whether the violation is a first or subsequent offense. 

Employers who engage in a pattern or practice of knowingly hiring or 

continuing to employ unauthorized workers are subject to criminal 

penalties consisting of fines up to $3,000 per unauthorized employee and 

up to 6 months’ imprisonment. Efforts to enforce these sanctions are 

referred to as worksite enforcement and are primarily the responsibility of 

U.S. Immigration and Customs Enforcement (ICE) in DHS. 

We reported in 2005 that worksite enforcement has been a relatively low 

priority under both the U.S. Immigration and Naturalization Service (INS)

27

and ICE, and that since fiscal year 1999, INS and ICE have dedicated a 

relatively small portion of overall agent resources to the worksite 

enforcement program.28 Since September 11, 2001, INS and then ICE 

focused worksite enforcement efforts mainly on detecting and removing 

unauthorized workers from critical infrastructure sites, such as airports 

and nuclear power plants, consistent with the DHS mission to combat 

terrorism. Yet employers, particularly those not located at or near critical

infrastructure sites, who attempt to circumvent IRCA have faced little 

likelihood that ICE would investigate them for knowingly hiring 

 25 In 1999, the Department of Justice increased the amounts of the civil penalties from 

those established in IRCA to the current levels to reflect a 10 percent adjustment for 

inflation. 8 C.F.R. § 274a.10(b). Under the Federal Civil Monetary Penalties Inflation 

Adjustment Act of 1990, as amended, federal agencies are to make regular adjustments 

for inflation of civil monetary penalties that they are charged with enforcing. 

28 U.S.C. §2641 note.

26 According to IIRIRA, a person or entity with certain Form I-9 paperwork violations must

be informed of the violation and provided with a period of not less than 10 business days to

correct the violations. If the person or entity does not correct the violations within the 

specified time period, the person or entity would not be considered to have made a good 

faith attempt to comply with the Form I-9 requirement. 

27 In March 2003, INS was merged into the Department of Homeland Security. The service’s 

immigration functions were divided between USCIS, ICE, and U.S. Customs and Border 

Protection. ICE is responsible for managing and implementing the worksite enforcement 

program.

28 GAO-05-813. 

Page 17 GAO-06-1055 Foreign Workers 
unauthorized foreign workers. We reported that INS and ICE have faced 

difficulties in setting and collecting fine amounts that meaningfully deter 

employers from hiring unauthorized foreign workers and in detaining 

unauthorized workers, though we noted that ICE has taken steps to 

address these difficulties. In addition, in 2006 we reported that data on 

individuals’ earnings collected by various agencies, including the Social 

Security Administration and the Internal Revenue Service, could help DHS 

detect unauthorized work and enforce immigration laws.29 However, while 

our prior work has highlighted the benefits of earnings information for 

detecting unauthorized work, we noted that additional disclosure of 

earnings information should be carefully weighed against the various 

drawbacks—especially privacy considerations. 

The countries in our review have programs designed to recruit foreign 

workers to fill jobs that cannot be filled by native workers, and these 

programs generally focus on recruiting high-skilled or seasonal foreign 

workers. Some countries facilitate the recruitment of workers by using 

bilateral agreements or third party entities. The countries we studied 

determine and manage the number of foreign workers that can be 

admitted by studying labor market conditions or by implementing a quota 

system. The countries also have admission requirements that employers 

and potential foreign workers are required to meet in order to participate 

in a foreign worker program. The majority of foreign worker programs 

implemented in countries we studied are temporary, and the countries use 

a variety of mechanisms to encourage or enforce the return of temporary 

foreign workers after expiration of work permits. 

Countries’ Programs 

for Admitting Foreign 

Workers

 29 GAO, Immigration Enforcement: Benefits and Limitations to Using Earnings Data to

Identify Unauthorized Work, GAO-06-814R (Washington, D.C.: July 11, 2006). 

Page 18 GAO-06-1055 Foreign Workers 
Foreign countries in our review have programs designed to fill highskilled, low-skilled, and seasonal jobs with foreign workers, but countries 

vary in the ways they recruit foreign workers for these types of positions. 

Countries such as Australia, Germany, and Belgium have programs 

designed to actively recruit highly skilled workers.30 For example, 

according to government officials, Australia offers numerous foreign 

worker programs to recruit highly skilled foreign workers in specific 

industry sectors that have experienced labor market shortages. The 

country recruits high-skilled workers through, among other means, the use 

of promotional campaigns within specific industrial sectors or foreign 

countries to target foreign workers with specific business or trade skills 

for positions in Australia, such as medical practitioners, visiting 

academics, and business workers. In addition, Canadian officials stated

that about 55 percent of the temporary foreign workers admitted to 

Canada in 2004 were employed in skilled occupations, such as

professionals, academics, and engineers. According to one expert, because 

the education and training required to become high-skilled takes time to 

acquire, an efficient way for a country to increase its numbers of highskilled workers is to recruit these workers from abroad. For example, 

during the 1990s, most industrial countries made it easier for foreign 

professionals to enter and work temporarily or permanently in response to 

the economic growth of that period.

Countries Recruit Foreign 

Workers Based on Skill 

Level and Can Use 

Bilateral or Other 

Agreements 

Countries Recruit Foreign 

Workers with Different Skill 

Levels but Generally Focus 

Recruitment on High-Skilled 

and Seasonal Workers 

While countries we studied, such as Canada, Australia, and Germany, have 

programs designed to legally admit low-skilled foreign workers, they 

generally do not focus their recruitment efforts on this type of worker.31

However, jobs in low-skilled sectors, such as manufacturing, construction, 

and cleaning services, are also the sectors in which employers with large 

 30 See appendix II for more information on high-skilled worker programs in the countries 

we studied.

31 See appendix II for more information on low-skilled worker programs in the countries we 

studied. 

Page 19 GAO-06-1055 Foreign Workers 
numbers of unauthorized workers are typically found. Government 

officials and experts told us that the high amount of illegal work in these 

sectors can be an incentive for governments to develop programs designed 

to legally admit low-skilled workers. In addition, countries’ need for 

foreign workers to fill low-skilled jobs is at least partially determined by 

the economic situation of the countries. For example, experts from 

Germany stated that the high unemployment rate in their country has 

decreased the need for low-skilled foreign workers, and the German 

government has taken steps to fill low-skilled job vacancies with 

unemployed German citizens. In contrast, Canadian officials stated that 

their country’s need for temporary foreign workers, of which about 

45 percent are low-skilled, has increased as the economy has 

strengthened. 

While most of the countries in our review do not recruit significant 

numbers of low-skilled foreign workers, government officials generally 

told us they recruit foreign workers on a seasonal basis and have 

implemented programs designed to fill those needs.32 For example, 

Germany recruits seasonal workers by allowing employers to specify 

individual foreign workers to fill positions or by allowing an employer to 

request foreign workers through a local employment agency without 

specifying particular workers. Seasonal work, while considered to be a

type of low-skilled employment, is generally regulated under specific 

programs different from those regulating other types of foreign work 

because seasonal work is of a defined amount of time. Seasonal work is 

generally in the agricultural or tourism industries in which the length of 

such work is defined by growing season and peak tourist season, 

respectively. Foreign workers may therefore have the opportunity to 

participate in seasonal programs on an annual basis. Government officials 

and experts told us that this process of repeatedly participating in 

seasonal programs provides an incentive for foreign workers to return to 

their home countries at the end of the season because lapsing into illegal 

status by overstaying their permits may jeopardize workers’ ability to 

participate in future programs. In addition, government officials and 

experts suggested that employers benefit from seasonal worker programs 

under which the same workers participate year after year because 

employers gain benefits from their investments in the seasonal workers, 

such as in the provision of training. However, experts also noted that 

 32 See appendix II for more information on seasonal worker programs in the countries we

studied. 

Page 20 GAO-06-1055 Foreign Workers 
seasonal workers may be vulnerable to exploitation because they may not

be fully aware of their rights or may not report mistreatment if they fear 

doing so would jeopardize their employment.33

Some countries we studied use bilateral agreements to manage the flow of 

workers between two countries or to manage foreign worker admissions 

in specific labor sectors. For example, the Canadian government uses 

bilateral agreements with Mexico and Jamaica to recruit and admit 

seasonal foreign workers in the agricultural industry. Australia runs its 

Working Holiday Maker Program through reciprocal bilateral agreements

with other countries. Under this program, Australia admits foreigners aged

18 to 30 from specific countries to enter Australia for up to 1 year for 

travel around the country. During their time in the country, these 

individuals can earn money by working for up to 6 months each with 

different employers. An Australian government official stated that the 

working holiday maker program has contributed to the Australian 

economy because it allows employers to hire visiting foreigners to do 

short-term work that the employers would likely not be able to obtain 

Australian workers to do. 

Countries Can Use Bilateral 

Agreements or Third Party 

Entities to Recruit Foreign 

Workers 

Government officials and experts told us that both the receiving and 

sending countries have incentives to enter into a bilateral agreement. The

agreements provide the receiving countries with mechanisms to help 

control the flow of illegal migration from sending countries by, for 

example, including provisions that require the sending countries to 

repatriate citizens who are found to be in the receiving country illegally. In

addition, bilateral agreements allow receiving countries to recruit foreign

workers from specific sending countries or with specific skills or other 

characteristics to fill jobs in certain sectors with labor shortages. Bilateral 

agreements also may provide employers in the receiving countries with 

some control over recruiting workers with appropriate skills to fill job 

positions, allow employers to compare foreign workers’ education with 

the receiving country’s standards, and help ensure sending countries’ 

assistance in repatriating workers after work permits expire. In particular, 

some receiving countries have set up offices in sending countries to 

recruit and provide training for workers to be admitted. In other cases, 

companies themselves have become involved in the recruiting process by

 33 See, for example, Organization for Security and Co-operation in Europe, International 

Organization for Migration and the International Labour Office, Handbook on Establishing

Effective Labour Migration Policies in Countries of Origin and Destination (Geneva, 

Switzerland: 2006) 

Page 21 GAO-06-1055 Foreign Workers 
sending personnel to countries to train and recruit foreign workers. For 

example, in Spain, the autonomous community of Madrid recently signed 

an agreement with Colombia that allows employers to train and guarantee 

jobs to potential workers while they are still in Colombia. France has 

bilateral agreements with Romania and other countries that facilitate 

unauthorized immigrants’ repatriation by stipulating that deported foreign 

workers will not be able to secure a tourist visa enabling them to return to 

France for at least a few months after repatriation. Moreover, experts told 

us that receiving countries can use bilateral agreements to help manage 

the flows of unauthorized immigrants by providing financial assistance to 

the sending countries, helping to improve financial conditions in the 

sending countries and thus reducing immigrants’ incentives to migrate 

illegally. 

Likewise, sending countries have a variety of incentives for participating in

bilateral agreements to manage foreign worker flows. Sending countries’ 

economies benefit from the remittances that foreign workers send back to

the countries, and bilateral agreements provide sending countries with a 

vehicle to negotiate appropriate wages, living conditions, and job security

for their citizens abroad. In addition, sending countries may benefit 

economically and socially from the skills and experiences that temporary 

foreign workers bring back to the countries by, for example, encouraging

small business and community development. Experts have indicated that

helping to improve financial conditions in the sending countries reduces 

immigrants’ incentives to migrate illegally. 

Bilateral agreements also help sending countries ensure their workers’ 

rights, such as ensuring employers provide safe working conditions. 

According to studies, the rights granted to foreign workers under bilateral 

schemes vary by agreement and the terms and conditions negotiated 

between the sending and receiving countries. Bilateral agreements can 

ensure that workers admitted are entitled to the same working conditions 

and wages as native workers, and some agreements also specify whether

and how foreign workers are able to collect social insurance contributions 

made in receiving countries upon the workers’ return to their home 

countries. However, nongovernmental officials and experts have stated

that sending countries, in some cases, may be reluctant to advocate for 

their workers’ rights if the countries perceive that doing so may hinder 

their participation in the bilateral agreements and thus the flow of 

remittances. 

In addition, countries use private sector entities, called third party entities 

or operators, to recruit, select, or transport foreign workers from sending 

Page 22 GAO-06-1055 Foreign Workers 
to receiving countries. For example, the United Kingdom allocates a 

defined number of work permits to several third party operators, who then 

independently recruit workers from other countries to work in the 

agricultural sector. Studies suggest that the use of third party entities is a 

means to link employers in the receiving countries with appropriate 

foreign workers. Government officials told us that the use of third party 

entities requires the government to regulate these groups to ensure they 

are complying with program requirements. For example, researchers have

stated that third party entities can exploit foreign workers by soliciting 

money from foreign workers in exchange for job placement. 

Countries Control the 

Admissions of Foreign 

Workers by Limiting Their 

Numbers and Setting 

Eligibility Requirements 

Most of the countries we studied assess the need for foreign workers by 

studying the labor market and using the results to determine the number 

of foreign workers to admit to work in specific sectors, but the countries

varied in the extent to which they have formalized processes to assess 

labor market needs for foreign workers. The officials and experts with 

whom we spoke told us that basing the number of allowable admissions of 

foreign workers on the results of labor market determinations helps 

ensure that the number of foreign workers legally admitted matches the 

actual economic need for workers in specific industries. For example, 

Spain’s regional governments determine the need for foreign workers in 

different labor sectors by discussing labor market needs with employer 

and worker associations and submit the results to the national 

government, which then uses the information to determine the number of 

foreign worker admissions for each sector. Experts and officials told us 

that a process for assessing labor market needs helps countries match the 

number of foreign worker admissions to labor market needs for those 

workers. In addition, many countries, including Argentina, the 

Netherlands, and Switzerland, require a potential employer to prove that 

no native workers are available to fill a job before the employer can apply 

to bring in a foreign worker. Countries such as France and Canada require 

employers to advertise job vacancies in local newspapers, trade 

publications, or an employment office before the employers can seek 

foreign workers. However, officials and experts told us that the burden on

Countries Manage Foreign 

Worker Admissions Using 

Various Methods But May Find 

It Difficult to Effectively 

Respond to Changing Labor 

Market Needs 

Page 23 GAO-06-1055 Foreign Workers 
employers for completing this requirement can encourage employers to 

circumvent the assessment process and hire unauthorized foreign 

workers, resulting in the need for enforcement tools to address 

unauthorized foreign workers’ employment. 

In addition to using labor market assessments to determine the need for 

foreign workers, some countries we studied use quota systems to indicate 

the number of legal foreign worker admissions. Quotas can be set at a

predetermined number or allow for some flexibility in the number of 

foreign workers to admit based on labor market needs. Governments may 

set quotas on an annual basis in consultation with relevant bodies such as

employers, trade unions, and local labor or employment offices to account

for labor market needs. Quotas can be set for each labor sector or 

geographic region or by foreign workers’ countries of origin. For example, 

Switzerland has implemented a national quota for both temporary and 

long-term workers that limits the number of foreign workers admitted to 

Switzerland each year. The United Kingdom introduced a sector-based 

scheme in 2003 that created a quota of 10,000 workers in the hospitality 

and food-processing sectors and limited the annual number of foreign 

workers admitted to the United Kingdom in those sectors, although the 

United Kingdom is moving towards an employment-based immigration 

system based on a general points scheme to admit foreign workers, as 

discussed below. Additionally, in Austria, the government sets quotas of 

seasonal workers by sector. In 2006, Austria set quotas of 7,500 for 

workers in the tourism sector; 7,500 for workers in the agriculture or 

forestry sector; and 7,000 for seasonal harvesters. 

However, it is difficult to implement a quota program that effectively 

responds to changing labor market needs when the number of foreign 

worker admissions has been set under a quota system. Government 

officials, labor unions, and experts told us that quotas may not necessarily

respond to labor market needs, a situation that creates an incentive for 

employers to hire unauthorized workers and necessitates enforcement 

efforts to control the employment of unauthorized workers. Officials and

experts also stated that as a country’s economy changes, the need for 

foreign workers may shift from one employment sector to another. 

Page 24 GAO-06-1055 Foreign Workers 
Some countries, including Australia, Canada, New Zealand, and the United 

Kingdom,34 have used points-based systems for managing immigration 

flows, which allow countries to tailor their admission requirements for 

residence or work permits to migrants who meet certain characteristics. In

general, under points-based systems, immigrants, such as temporary 

foreign workers, obtain points based on various skills and characteristics, 

including educational or professional experience and ability to speak a 

country’s native languages. These characteristics may be chosen based on

a country’s perception of attributes that predict a migrant’s potential to 

succeed in the labor market. Immigrants whose point totals meet a 

minimum point requirement can qualify for work permits and, in some 

cases, permanent residence status. Under Australia’s points-based system, 

immigrants can earn points for such things as skill, age, English language 

ability, specific work experience, an occupation in demand, a job offer, an 

intention to reside in regional Australia, and spouses’ skills. Under 

Canada’s system, points are assigned to applicants based on age, 

education, work experience, intended occupation, and knowledge of 

Canadian national languages, among other things. Experts have said that

points-based systems are advantageous because they are transparent to 

both the migrant and employer about the requirements a migrant must 

meet in order to qualify for entry to the country. 

Countries we studied have foreign worker programs with requirements 

that employers and potential foreign workers are required to meet in order 

for the government to issue a work permit.35 Most countries require either 

the worker or employer to pay a fee in order to be granted a work permit. 

For example, Canada charges individual workers a C$150 (about $140) fee 

to apply for a work permit. The United Kingdom charges employers a £153

(about $280) fee to apply for a work permit on behalf of each potential 

foreign worker. Experts have suggested that requiring employers to pay a 

fee for foreign workers’ permits helps to ensure that employers hire only 

those foreign workers for whom they truly have a need. However, 

government officials and experts stated that the fee requirement may 

create an incentive for workers to seek illegal employment and for 

Countries’ Foreign Worker 

Programs Specify Employer 

and Worker Requirements for 

Participation 

 34 The United Kingdom implemented a pilot scheme in January 2002 called the Highly 

Skilled Migrant Programme, which uses a points-based system to select migrants. In March 

2006, the United Kingdom government announced that a points-based migration system 

will be introduced for managing labor migration. See appendix X for more information.

35 See appendix II for more information on the specific work permit requirements in the

countries in our review. 

Page 25 GAO-06-1055 Foreign Workers 
employers to hire unauthorized workers in order to avoid having to pay 

the fee. In other cases, unscrupulous employers may illegally deduct the 

cost of the fees from foreign workers’ wages. 

Many countries’ work permits also stipulate that foreign workers can only 

be employed by the employer listed on the permit. Therefore, if foreign 

workers would like to change jobs, the workers must reapply for a new 

permit or work for an alternate employer illegally. While such a 

requirement can help regulate foreign workers’ employment, experts and 

other nongovernmental officials told us that the requirement can also 

make it difficult for foreign workers to escape unscrupulous employers 

who may exploit the workers. In addition, the requirements of work 

permits granted under foreign worker programs generally state whether 

family members may accompany a foreign worker. For example, under 

Austria’s seasonal worker program, foreign workers are not permitted to 

bring their family members. According to government officials, employer 

and employee groups, and experts, temporary workers may be less likely 

to return to their home countries if their family members are permitted to 

accompany them. 

Countries’ Foreign Worker 

Programs Are Generally 

Temporary but Vary in 

Their Requirements for 

Return 

Regardless of the skill level of the foreign worker, the majority of work 

permits offered by the countries we studied are temporary, although the 

permits vary in their requirement for the workers’ return at the end of the 

permit’s duration. These permits generally expire after a set amount of 

time—for the countries in our review from 3 months to 5 years after 

issuance. However, not all temporary work permits require workers to 

return home at the end of the permit. Some temporary work permits are 

renewable and allow workers to renew the permit an unlimited number of 

times. For example, the Spanish government offers foreign workers a 

1-year temporary permit that is renewable indefinitely, and participants in

this program have the option to apply for permanent residency after 

5 years. Nongovernmental officials and experts told us that an advantage

of renewable temporary work permits is that they provide a means for 

employers to employ a legal workforce, help governments obtain financial 

benefits from hiring legal foreign workers, and reduce employers’ 

incentives to hire unauthorized foreign workers. 

Some countries’ foreign worker programs offer temporary work permits 

that require the foreign worker to leave the country when the permit 

expires, but government officials and experts noted that it is difficult to 

ensure that the workers return to their home countries. Government 

officials and experts noted that temporary programs are most successful 

Page 26 GAO-06-1055 Foreign Workers 
in ensuring worker return when the work is of a short, defined duration, 

such as in seasonal labor sectors. Workers may also be more willing to 

return to their home countries if they have the opportunity to participate 

in future programs. For example, Canadian officials and experts stated 

that employers in Canada have an incentive to hire legal foreign seasonal 

workers because they have assurance that the workers will be available to 

work in subsequent years. In addition, the foreign workers have incentives 

to return home because they do not want to jeopardize their status in the 

program and, because the agricultural work is located in rural areas of 

Canada, it can be difficult for the foreign workers to integrate into or 

travel to more populated areas of the country. 

Experts and government officials noted that because it is difficult to 

successfully ensure foreign workers’ return to their home countries, a 

significant number of foreign workers overstay their work permits and 

become unauthorized immigrants, contributing to countries’ illegal 

immigrant populations. The countries we studied use a variety of tools to

encourage or enforce foreign workers’ return to their home countries 

when their permits have expired (see table 2), and these tools are used in 

conjunction with the countries’ laws and policies that limit the 

employment of unauthorized workers. For example, government officials 

stated that hiring foreign workers who have an existing attachment to 

their home countries may help ensure that workers return when their 

work permits expire. According to government officials, under Spain’s 

seasonal agricultural worker program, the government recruits primarily 

married women, because these workers may be more likely to return to 

their countries in order to see their families. The United Kingdom’s 

seasonal worker program primarily recruits foreign students who are on 

vacation from their schools, as these workers have an existing reason to 

return to their home countries. In addition, countries may withhold foreign 

workers’ social insurance benefits or earnings, which workers can only 

collect upon return to their home countries. Singapore requires employers 

of non-Malaysian temporary foreign workers to post a bond of S$5,000 

(about $3,200) per worker, which is returned to the employer after the 

worker has returned home. 

Page 27 GAO-06-1055 Foreign Workers 
Table 2: Examples of Tools to Encourage Foreign Worker Return, as Reported by Government Officials and Experts 

Tools to encourage foreign worker return Definition and use 

Deportation or expulsion Unauthorized migrants are forcibly removed from the country. 

Collection of social insurance benefits Workers can only collect pension or social insurance benefits upon return to their 

home countries. 

Collection of withheld earnings Employers or governments withhold a portion of foreign workers’ earnings that 

workers can collect only upon return. 

Bonds Employers or workers put up a monetary bond for work permits, which they can only 

collect upon workers’ return. 

Proof of intent Foreign workers must provide proof of their intent to return to their home countries 

before admission, such as by showing they have sufficient funds to purchase a 

return ticket. 

Reentry requirements Countries grant reentry only if foreign workers return home upon expiration of the 

work permits. 

Recruit specific type of worker Countries recruit foreign workers who have an existing attachment to their home 

countries, such as married workers or students. 

Admission of family members Family members may not be permitted to accompany temporary foreign workers, 

making it more likely that the workers will return to their home countries. Countries 

may also subject family members to a waiting period, such as for 1 year, which 

effectively precludes them from reunification with shorter-term workers. 

Encouraging circular migration Countries establish short-duration work permits that are available annually. Foreign 

workers may be more willing to return to their home countries if they perceive that 

they will be able to return to the receiving country at a later date. Furthermore, 

allowing foreign workers to periodically return to their home countries helps workers 

maintain familial and other social networks in their home countries, helping to 

facilitate workers’ return. 

Facilitated reentry Governments may require departing migrant workers to register their return with the 

government’s consulate in the receiving country. In exchange, the migrant worker 

may gain facilitated reentry for employment purposes in the future. 

Sponsorship Government may require employers and educational institutions to be approved to 

accept foreign workers or students and to receive a certificate of sponsorship, which 

requires, among other things, that they notify the government if the migrant is 

leaving their employment. Failure to do so results in removal of the government’s 

approval for the employer or institution to accept foreign workers or students. 

Source: GAO analysis of country- and expert-reported data. 

Some programs allow for permanent resident status after a certain period

of employment and residence, although countries’ programs for foreign 

workers generally do not allow for workers to become naturalized 

citizens. Experts stated that granting permanent status can help ensure 

economic growth and sustain social welfare contributions, as well as allow 

employers to retain high-quality workers. Experts, government officials, 

and nongovernmental officials stated that offering permanent status is 

generally reserved for high-skilled foreign workers and therefore can be 

used as a means to recruit and retain skilled foreign workers. For 

Page 28 GAO-06-1055 Foreign Workers 
example, Germany instituted a program for recruiting information 

technology specialists in which foreign specialists could reside and work 

in Germany for a 5-year period, after which they could apply for 

permanent residency and bring in family members if the specialists met a 

minimum salary requirement. In Switzerland, settlement permits can be 

granted to individuals who have resided continuously in the country for 

10 years; foreigners from European Economic Area countries and the 

United States can receive permits after 5 years of residence. 

Some of the countries in our review have implemented measures to assist 

with the integration of foreign workers and their families who are granted 

long-term residency status and who may face difficulties in socially and 

economically integrating into the countries. For example, immigration 

experts in Germany stated that long term residents from Turkey may have

difficulty integrating into German society as, in general, neither they nor 

their children could become German citizens. Germany has initiated 

programs to help integrate new immigrants, such as requiring them to take 

language and civics classes. France has also faced difficulties in 

integrating immigrant populations, which, according to a government 

official, have contributed to protests and civil unrest. The French 

government has taken steps to help better integrate immigrants, such as 

establishing a dialogue with immigrant organizations and providing 

scholarships for immigrants. Other countries have also initiated programs 

to help immigrants’ integration, such as language and culture classes and 

programs to assist immigrants in obtaining employment. 

Additional Insights from 

Countries’ Temporary 

Foreign Worker Programs 

The countries whose temporary foreign worker programs we studied 

noted that such programs have provided a variety of benefits to those 

countries by, for example, helping countries fill labor market shortages in 

specific sectors, such as in sectors where there are no native workers 

available or willing to fill jobs. Temporary foreign worker programs have 

also provided channels for legal immigration flows, which according to 

experts, may have helped to reduce employers’ demand for unauthorized 

foreign workers and foreign workers’ incentives to illegally migrate to 

receiving countries. Yet, governmental and nongovernmental officials have

noted challenges faced by countries in implementing temporary foreign 

worker programs. Experts have suggested that temporary foreign worker 

programs or other initiatives that increase the number of foreign workers 

legally admitted to countries do not help reduce illegal immigration flows 

but rather help increase immigrant populations in receiving countries, 

which may encourage further legal and illegal immigration flows. In 

addition, countries have faced challenges in developing temporary foreign 

Page 29 GAO-06-1055 Foreign Workers 
worker programs that flexibly respond to changing labor market needs. 

Countries have also experienced difficulties in enforcing requirements 

specified on work permits, particularly in ensuring temporary foreign 

workers’ return to their home countries upon expiration of their work 

permits. 

The countries we studied generally require employers to report 

information on workers’ employment, such as workers’ names and social 

insurance numbers, to government agencies, and in some countries, 

employers are required to review employees’ work authorization 

documents. In taking worksite enforcement actions against unscrupulous 

employers and unauthorized foreign workers, including those who do not 

follow government reporting and verification requirements, some 

countries focus enforcement efforts on detecting and penalizing all illegal 

labor practices, while others focus more specifically on the employment of 

unauthorized foreign workers. As part of their worksite enforcement 

efforts, countries use a variety of enforcement tools, which are generally

focused more on employers than on unauthorized foreign workers. To 

identify employers for investigation, enforcement agencies in these 

countries obtain information or leads from sources, such as the public and

government databases, and use this information to investigate worksites. 

According to government officials and experts, the frequency and publicity 

of employer investigations helps deter employers from hiring unauthorized 

foreign workers, but countries have faced challenges in investigating and 

sanctioning employers and unauthorized foreign workers. These officials 

also stated that monetary fines penalize employers for hiring unauthorized 

foreign workers and may help deter future unauthorized employment, but

others have noted that fines alone may not be effective in deterring 

unauthorized foreign worker employment. In addition to monetary fines, 

countries we studied use other means, such as seizure of employers’ 

assets, to penalize employers for hiring unauthorized foreign workers. 

In some countries we studied, the governments typically require 

employers to report information on workers, including workers’ names 

and social insurance numbers, to government agencies when the workers 

are hired, and the agencies maintain this information for collecting taxes 

and social insurance contributions, administering social insurance 

benefits, and, in some cases, conducting worksite enforcement actions. 

For example, in France employers are required to submit a declaration of 

hire to the social security administration. In Belgium, employers are 

required to submit native workers’ names and social insurance numbers to 

Countries Use Various 

Means to Limit 

Employment of 

Unauthorized Foreign 

Workers

Countries Require 

Employers to Report or 

Verify Workers’ 

Employment Information 

Page 30 GAO-06-1055 Foreign Workers 
the government’s social insurance database. In Germany, employers are 

required to report workers’ employment information to the government 

for the payment of taxes and social insurance contributions. In some of 

these countries, employers are generally required to review noncitizens’ 

work authorization documents, such as work or residence permits, at the 

time of hire because noncitizens typically do not have social insurance 

numbers to report to government agencies. Employers can be subject to 

penalties if they employ unauthorized foreign workers and failed to check

those workers’ work authorization documents. Government officials and 

experts have stated that requirements for employers to report workers’ 

information to government agencies help governments maintain records 

on individuals for tax and social insurance purposes, and can help 

agencies detect possible cases of illegal employment. However, officials

and experts also stated that document fraud may undermine countries’ 

reporting requirements and adversely affect governments’ ability to hold 

employers liable for hiring unauthorized foreign workers. 

Some countries we studied require employers to review all workers’ work 

authorization documents. In the Netherlands, employers are required to

check workers’ identity and work authorization documents, such as 

passports, residence permits, or identity cards, before the workers start 

their employment. Employers are required to maintain a copy of these 

documents for at least 5 years after the workers cease their employment 

with the employers. In the United Kingdom, employers are not required to

check workers’ employment authorization documents, such as passports, 

birth certificates, or work permits, but they cannot establish an affirmative 

defense against a charge of hiring unauthorized foreign workers unless 

they have reviewed workers’ documents.36 While requirements for 

employers to review workers’ employment authorization documents may 

help employers ensure that they hire only authorized workers, according 

to governmental and nongovernmental officials, the vulnerability of 

verification processes to document fraud has made it difficult for 

employers to verify individuals’ authorization to work. Officials told us 

that unauthorized foreign workers have used false documents to illegally 

obtain employment in their countries. 

 36 United Kingdom government guidance suggests that in reviewing work authorization 

documents provided by workers, employers check documents’ photographs, dates of birth,

expiration dates, and government endorsements for their validity. 

Page 31 GAO-06-1055 Foreign Workers 
In some of the countries we studied, labor agencies are primarily 

responsible for enforcing workplace laws and focus their enforcement 

efforts broadly on identifying all types of illegal labor practices, of which 

the employment of unauthorized foreign workers is part, including 

employers’ provision of substandard working conditions or failure to 

appropriately pay minimum wages, taxes, or social insurance 

contributions (see table 3). In Germany, for example, worksite inspectors 

can check employers’ records and practices to determine whether 

employers have paid proper amounts of taxes and social insurance 

contributions for workers and hired only authorized workers. Likewise, in

Belgium, France, and Switzerland, enforcement actions at worksites are 

coordinated among multiple agencies and are focused on detecting illegal 

labor practices by employers, though agencies focus on different elements 

of those practices. These countries may have focused their enforcement 

on all illegal labor practices for various reasons. For example, because 

employers’ failure to appropriately pay taxes or social insurance payments 

contribute to the underground economy, enforcement agencies may focus 

on detecting all illegal labor practices that are linked to the underground 

economy. Furthermore, by targeting employers for failure to provide 

appropriate wages and working conditions along with other illegal labor 

practices, nongovernmental officials have stated that government agencies 

can improve working conditions for all workers and thus help reduce 

employers’ incentives for employing unauthorized foreign workers. 

Some Countries Focus 

Enforcement Efforts on All 

Illegal Labor Practices, 

while Others Focus More 

Specifically on the 

Employment of 

Unauthorized Foreign 

Workers

In other countries we studied, particularly Australia and the United 

Kingdom, the employment of unauthorized foreign workers is generally

considered less of a labor issue than it is in other countries we studied. In

these countries, immigration agencies are primarily responsible for 

enforcing laws that prohibit the employment of unauthorized foreign 

workers and more specifically focus enforcement efforts in that area than 

similar agencies in other countries we studied. Other agencies in Australia 

and the United Kingdom focus on enforcing labor standards, such as 

ensuring provision of safe working conditions and appropriate payment of

wages, taxes, and social insurance contributions, and these agencies often 

coordinate their enforcement efforts with the countries’ immigration 

enforcement agencies. 

Page 32 GAO-06-1055 Foreign Workers 
Table 3: Resources for Enforcement of Illegal Labor Practices as Reported by Various Countries 

Country 

Primary enforcement 

agency Enforcement resources Enforcement responsibilities 

Belgium Labor agency Approximately 1,100 labor 

agency inspectors 

Investigations of employers’ hiring of unauthorized foreign 

workers for at least 3 days each month. 

Spain Labor agency Approximately 800 

inspectors and 850 deputy 

inspectors in the labor 

ministry 

Investigations of occupational health and safety conditions, 

payment of social insurance contributions, and other labor 

issues, including the employment of unauthorized foreign 

workers. 

Australia Immigration agency Approximately 4,000

immigration agency staff 

Activities related to nonhumanitarian entry and stay, refugee and 

humanitarian entry and stay, enforcement of immigration law, 

and asylum seeker management. 

Canada Immigration agency Approximately 350 to 400 

immigration agency officers 

Inland enforcement activities, including employers’ hiring of 

unauthorized foreign workers. 

United 

Kingdom 

Immigration agency Data not available Interior enforcement efforts, which are currently focused 

primarily on the removal of failed asylum seekers from the 

United Kingdom. 

Germany Customs authority in the 

finance ministry 

Approximately 7,000 staff in 

the finance ministry 

Investigations of employers’ payment of social insurance 

contributions and employers’ hiring of unauthorized foreign

workers. 

Source: GAO analysis of country-reported data. 

Regardless of the focus of enforcement agencies, nongovernmental 

officials and experts have suggested that requiring employers to improve 

working conditions for all workers may help deter employers from hiring 

unauthorized foreign workers. In particular, they have suggested that 

enforcement of laws that require employers to provide safe and equal

working conditions for all workers would help eliminate the advantage 

employers may gain by hiring unauthorized foreign workers. They noted 

that because employers often provide substandard wages and working 

conditions for unauthorized foreign workers, it is less costly for employers 

to hire unauthorized foreign workers than authorized workers. According 

to these officials, requiring employers to provide the same standard wages 

and working conditions to all workers, regardless of their work 

authorization status, helps reduce employers’ incentives to employ 

unauthorized foreign workers. 

Page 33 GAO-06-1055 Foreign Workers 
In some of the countries we studied, officials told us that enforcement 

efforts at worksites are more focused on employers, but countries we 

studied also implement enforcement actions to target unauthorized foreign 

workers. Government officials in France and Spain noted that their 

agencies focus worksite enforcement on investigating and penalizing 

employers for illegal labor practices and place less emphasis on penalizing 

unauthorized foreign workers. In particular, in countries such as Spain and 

France, unauthorized foreign workers are viewed and treated as victims. 

In France, government officials told us that unauthorized workers have the 

same workplace rights as authorized workers and, therefore, in some 

instances, can sue employers for back wages, payment of social insurance 

contributions, or compensation for poor working conditions. As a result, 

employers can be required to forfeit any profits gained from employing 

unauthorized foreign workers, which can help deter employers from

employing such workers in the future. 

Countries Use Various 

Tools to Limit 

Unauthorized Foreign 

Worker Employment, but 

Face Difficulties in 

Enforcement Efforts 

Countries’ Enforcement Efforts 

Are Employer-focused but Also 

Include Deportation of 

Unauthorized Immigrants 

Nevertheless, countries in our review also take enforcement actions 

against unauthorized immigrants, including those detected at worksites. 

Unauthorized immigrants can be deported and may also be prohibited 

from reentry. Yet according to governmental and nongovernmental 

officials, it can be difficult for countries to repatriate unauthorized 

immigrants to their home countries, and countries may not be able to 

deport all unauthorized immigrants they identify. In some cases, 

immigrants’ home countries may delay or deny issuing necessary travel 

documents for unauthorized immigrants’ readmission. These home 

countries may seek benefits, such as visa facilitation or border control 

training, in return for readmitting their citizens who worked illegally in the 

other countries. Some countries we studied used tools, such as limiting 

numbers of visas issued to individuals from sending countries, to 

encourage other countries’ readmission of unauthorized immigrants. 

Page 34 GAO-06-1055 Foreign Workers 
To help detect illegal labor practices by employers, government agencies 

receive information and tips from different sources. These sources include 

workers, other government agencies, and the public. In addition to these 

sources, agencies in some countries share information across government 

databases to help identify possible illegal labor practices. If information in 

social insurance or tax databases does not match employers’ records, it 

may indicate that employers are engaged in illegal labor activities, 

including the employment of unauthorized foreign workers. For example, 

in France, government officials stated that when inspecting worksites, 

labor inspectors may compare information reported by employers to the 

French social security administration with information in employers’ 

records to determine whether employers have properly registered their 

workers with the social security administration and whether workers are 

authorized. In Spain, government agencies plan to use database

information collected under the country’s 2005 regularization program to 

target employers for inspection and to identify unauthorized foreign 

workers. Government officials and experts told us that the sharing of 

information across government agencies and databases can generate leads 

for investigating employers for illegal labor practices. However, some 

governmental and nongovernmental officials noted data protection and

privacy concerns with the use of tax and social insurance information in 

identifying possible illegal labor practices among employers. In 

Switzerland, for example, a nongovernmental official told us that data 

protection laws prohibit Swiss labor inspectors from comparing social 

insurance and work authorization records. 

Governments Receive Tips and 

Check Multiple Databases to 

Identify Employment of 

Unauthorized Foreign Workers 

In countries we studied, enforcement agencies conducted inspections or 

investigations of employers to examine employers’ compliance with laws 

that prohibit various illegal labor practices, including the employment of 

unauthorized foreign workers. According to governmental and 

nongovernmental officials, the frequency and publicity of these employer 

investigations help deter employers from hiring unauthorized foreign 

workers. For example, nongovernmental agency officials noted that an

increased frequency of employer investigations helps deter employers 

from hiring unauthorized workers. Immigration experts and governmental 

officials also suggested that to help deter employers’ hiring of

unauthorized foreign workers, government agencies should conduct 

frequent inspections so as to increase employers’ perception that they are 

likely to be investigated, contributing to the deterrent effect of employer 

investigations and monetary fines on employers’ hiring of unauthorized 

foreign workers. However, countries have faced challenges in conducting

employer investigations. For example, governmental and 

nongovernmental officials told us that during investigations some 

Frequency and Publicity of 

Employer Inspections May 

Help Deter Unauthorized 

Foreign Worker Employment 

Page 35 GAO-06-1055 Foreign Workers 
employers may claim that they did not knowingly hire unauthorized 

foreign workers because workers presented false information at the time

of hire. The ability of employers to make such a claim creates difficulties 

for government agencies in proving that employers knowingly hired those 

workers. Additionally, nongovernmental officials and experts have noted 

the importance of resources in conducting frequent employer 

investigations. For instance, one expert told us that enforcement efforts do

not deter the employment of unauthorized foreign workers if countries do 

not provide sufficient resources for enforcement actions so as to increase

the likelihood that employers will be investigated. 

Furthermore, publicizing enforcement actions against employers helps to 

deter employers’ hiring of unauthorized foreign workers. For example, 

government and nongovernmental officials noted that publicizing 

employer investigations and sanctions can be an important deterrent to 

employers’ hiring of unauthorized foreign workers. Moreover, experts 

stated that publicizing sanctions imposed on employers serves as a 

deterrent to increase employers’ perception that they have a significant 

chance of being penalized for employing unauthorized foreign workers. 

Most of the countries we studied use civil or criminal fines to penalize and 

deter employers from hiring unauthorized workers. As shown in table 4, 

the amounts of civil and criminal monetary fines reported by country 

officials, as well as the conditions under which fines can be imposed, vary 

across the countries we studied. 

Countries Use Monetary Fines 

to Penalize Employers’ Use of 

Unauthorized Foreign Workers, 

but the Deterrent Effect of 

Fines Is Unknown 

Page 36 GAO-06-1055 Foreign Workers 
Table 4: Civil and Criminal Monetary Fine Amount Ranges for Hiring Unauthorized Workers Reported by Various Countries 

Country Civil monetary fine amount range Criminal monetary fine amount range 

Australia None Individuals and entities can be fined up to A$10,000 

(about $7,500) for aiding and abetting the employment 

of unauthorized foreign workers 

Belgium Minimum €3,750 ($4,700) per unauthorized worker for 

workers without residence and work permits; minimum 

€375 ($470) per unauthorized workers for workers 

without work permits 

Minimum €15,000 ($18,800) per unauthorized worker 

for workers without residence and work permits; 

minimum €1,700 ($2,100) per unauthorized workers for 

workers without work permits 

Canada None Depending on the type of conviction, maximum 

C$50,000 ($43,800) or maximum C$10,000 ($8,800) 

France €3,110 ($3,900) per unauthorized worker Maximum €15,000 ($18,800) per offense 

Germany €5 to €500,000 total ($6 to $628,800) Fines imposed on a daily basis ranging from 5 to 360 

days. Daily fine rates range from €1 to €5,000 per day 

($1 to $6,300) 

Spain €6,000 to €60,000 ($7,500 to $75,500) per unauthorized 

worker 

None 

Switzerland None Maximum of SwF 5,000 ($4,000) per unauthorized 

worker 

United Kingdom None Unlimited amount with criminal conviction 

Source: GAO analysis of country-reported data. 

Note: Amounts in U.S. dollars are rounded, based on the exchange rate from July 25, 2006. 

Government officials noted that employer monetary fines may help deter 

employers’ hiring of unauthorized foreign workers, but officials from other 

countries suggested that the deterrent effect of current monetary fine 

amounts in their countries is unclear. For example, nongovernmental 

agency officials from France, Germany, and Spain noted that employer 

monetary fines have helped to deter employers in those countries from 

hiring unauthorized foreign workers. In 2005, Germany imposed about 

€67 million (about $84.2 million) in civil fines, and France imposed about 

€2.7 million (about $3.4 million) in civil fines. However, other officials 

stated that fine amounts may be too low to provide a meaningful deterrent.

Governmental and nongovernmental officials noted that employers often 

view monetary fines as the cost of doing business, and therefore, monetary 

fines do not meaningfully deter employers from hiring unauthorized 

workers. Officials suggested that it can be difficult to set fine amounts that 

deter employers from hiring unauthorized foreign workers but do not 

drive employers out of business or into the underground economy. 

In addition, in some countries we studied, agencies have experienced 

difficulties in imposing fines on employers and in collecting fine amounts 

from employers. For example, governmental and nongovernmental 

Page 37 GAO-06-1055 Foreign Workers 
officials told us that document fraud hinders the ability of enforcement 

agencies to prove employers hired unauthorized foreign workers and to 

sanction them. Officials also noted that enforcement agencies in some 

countries lack the resources needed to effectively investigate and sanction

employers, affecting the frequency with which employers are fined for 

employing unauthorized foreign workers. Moreover, Belgian government 

officials told us that the government has difficulty collecting monetary 

fines from employers because employers have declared bankruptcy or 

sold off company assets to avoid paying the fine amounts. French and

German officials similarly told us that employers have declared

bankruptcy to help avoid paying fine amounts, and other government 

officials noted that, in many cases, employers went out of business before 

the government collected fine amounts. French officials also stated that 

the government plans to primarily pursue civil, rather than criminal, 

penalties against employers, as civil penalties can be imposed and 

collected more easily than criminal penalties in that country. 

Countries we studied have developed tools to help collect fine amounts 

from employers. In Spain, for example, government officials stated that if

an employer decides to appeal the government’s imposition of a monetary 

fine, the employer is required to pay the fine amount to the government 

prior to the appeal, and the government holds the fine amount in escrow. 

One Spanish government official told us that as a result of this process, the 

Spanish government collects payment on most of the fines imposed on 

employers for hiring unauthorized foreign workers. In Switzerland, 

government authorities may, in some cases, require employers to pay fine 

amounts at the time of the worksite inspections. Additionally, some 

countries, such as France and Belgium, have developed initiatives to 

address the problems they have encountered when attempting to collect 

fine amounts from subcontractors who may go out of business before 

paying fine amounts. Under these initiatives, governments can hold main 

contractors responsible for penalties assessed against their subcontractors 

for employing unauthorized foreign workers. 

Some countries use other means in addition to monetary fines to penalize 

employers for hiring unauthorized foreign workers, but may face 

difficulties in applying the penalties. These penalties include prohibiting 

employers from receipt of public contracts; requiring employers to pay 

back wages, taxes, and social insurance contributions for unauthorized 

foreign workers; closing businesses; seizing employers’ assets; requiring 

employers to pay costs for deporting unauthorized foreign workers; and 

sentencing employers to prison terms. Some government officials told us 

that by requiring employers to pay back wages, taxes, and social insurance 

Some Countries Require 

Employers to Forfeit Benefits 

or Pay Various Costs for Hiring 

Unauthorized Foreign Workers 

Page 38 GAO-06-1055 Foreign Workers 
contributions for unauthorized foreign workers, government agencies 

eliminate any profits employers gained as a result of employing 

unauthorized workers. In addition, in France and Spain, unauthorized 

foreign workers may denounce, or report, their employers to government 

agencies if the employers are engaged in illegal labor practices. In Spain, 

unauthorized foreign workers who denounce their employers may be 

eligible to obtain legal status. 

The opportunity for employment is a strong motivator for migrants to 

illegally enter a country and employers have a variety of incentives for 

hiring unauthorized workers, including the employers’ desire to lower 

costs to be more competitive in the economy. For this reason, strong and 

workable enforcement of labor and immigration laws is a critical part of 

implementing a credible immigration system in any country. By preventing 

unauthorized migrants from finding employment, governments may reduce 

the motivation for migrants to illegally enter the country. The countries we 

studied use different mechanisms and government agencies to enforce 

their laws against employing unauthorized foreign workers, yet all 

countries face challenges in implementing effective worksite enforcement 

policies. These challenges include making decisions about how to leverage 

resources to meet the goals of their worksite enforcement programs. 

Within that framework, it is important for countries to determine how best 

to coordinate the various government agencies and to allocate resources 

for enforcing employment laws. While employer sanctions play an 

important role in countries’ worksite enforcement efforts, it can be 

difficult to set penalties that are neither so low as to be considered simply 

the cost of doing business by unscrupulous employers nor so punitive that

they are unlikely to be imposed for fear of bankrupting businesses, which 

may cause native workers to lose their jobs. In addition, publicizing 

worksite enforcement efforts can leverage enforcement resources by 

reinforcing with employers the risk they take when they employ 

unauthorized workers. 

Some countries we studied have implemented regularization programs 

that provide eligible unauthorized immigrants with the opportunity to 

obtain legal status on a temporary or permanent basis for various reasons, 

and countries have established different eligibility requirements for 

program participation. Employers and unauthorized foreign workers may 

have incentives for participating in regularization programs, but may 

choose not to participate because they gain benefits from unauthorized 

employment. Governments in countries that have implemented 

Additional Insights from 

Countries’ Worksite 

Enforcement Efforts 

Countries’ 

Experiences with 

Regularization 

Programs 

Page 39 GAO-06-1055 Foreign Workers 
regularization programs reported benefits from these programs, such as 

collecting increased tax and social insurance contributions, yet 

governments face a variety of challenges in managing such programs. In 

addition, some experts have suggested that regularization programs can 

create a magnet for future illegal immigration flows, but others have stated 

that the impact of regularization programs on unauthorized immigration 

and employment is unclear. 

Countries we studied have implemented regularization programs for 

various reasons, according to experts. Greece, Italy, France, and Spain 

have implemented regularization programs to help reduce the amount of

employment that occurs in the underground economy by collecting tax 

and social insurance contributions from unauthorized foreign workers 

who did not previously pay their taxes or required contribution amounts. 

Moreover, regularization programs in France have been intended to help

facilitate the social and economic integration of immigrants and their 

families. Countries, including Greece, Italy, Spain, and Portugal, have also 

implemented regularization programs to address perceived deficiencies of

previous regularization or other immigration policies, such as 

unauthorized immigrant populations who failed to participate or who 

subsequent to their regularization lapsed into an unauthorized status. In 

addition, Italy, France, and the United Kingdom have initiated

regularization programs to allow family members to legally remain 

together in a country or to meet humanitarian needs, such as those of 

asylum seekers or individuals with health concerns. 

Some countries we studied, including Italy, Greece, and Spain, have 

implemented programs through which unauthorized immigrants could 

regularize or change their status to gain temporary or permanent legal 

residency, and in some countries, such as Greece and Argentina, 

unauthorized immigrants could eventually apply for citizenship. Other 

countries, including the United Kingdom, France, Belgium, and the 

Netherlands, have implemented regularization efforts on a case-by-case

basis for humanitarian or family reunification purposes, for individuals 

residing in the countries for long periods of time, or for immigrants 

awaiting decisions on asylum claims. Only a limited number of immigrants 

are typically eligible for participation in these programs. In the United 

Kingdom, individuals who applied for asylum before October 2000 and had 

Countries Have 

Implemented 

Regularization Programs 

for a Variety of Reasons 

Countries Require 

Unauthorized Immigrants 

to Meet Criteria for

Participation in 

Regularization Programs 

Page 40 GAO-06-1055 Foreign Workers 
a dependent residing with them in the country between October 2000 and

October 2003 could apply for legal status for themselves and their 

dependents.37 Moreover, unauthorized immigrants residing in the United 

Kingdom continuously for at least 14 years are eligible for permanent 

residency. Beginning in 1998, France implemented a program through 

which unauthorized immigrants resident in the country for at least 

10 years could apply for regularization. 

Other regularization programs are designed to address countries’ large 

unauthorized immigrant populations by providing these immigrants with 

an opportunity to obtain legal status, typically on a temporary basis. 

Governments established eligibility criteria, such as employment or 

residency requirements, that unauthorized immigrants were required to 

meet to be eligible for participation in the programs. For example, under 

Spain’s 2005 regularization program, the Spanish government required 

unauthorized immigrants to have job offers from employers in order to be

eligible for regularization. The government required employers to apply for 

regularization on behalf of their unauthorized foreign workers and, in 

doing so, demonstrate that the workers had been present in Spain for at 

least 6 months and possessed a current contract for a job for a minimum 

period of 6 months.38 Some unauthorized foreign workers, such as those 

who worked in part-time jobs or for several employers, could directly 

apply to the Spanish government for regularization without applying 

through their employers. The Spanish government did not penalize 

employers or unauthorized foreign workers who applied for regularization, 

and only those unauthorized immigrants who met the residency and 

employment criteria could apply for legal status. About 700,000 

unauthorized foreign workers applied and qualified for the regularization 

program out of an estimated 800,000 workers projected to be eligible for 

program participation.39

 37 According to United Kingdom officials, individuals were eligible to apply if their asylum 

application (1) had not yet been decided, (2) had been refused and was subject to an 

appeal, (3) had been refused and there was no further avenue of appeal but the applicant 

had not been removed, or (4) had been refused but limited leave had been granted.

38 For work in the agricultural sector, illegal immigrants in Spain required an offer for a job 

for a minimum period of 3 months to be eligible for the change of status program. 

39 The 700,000 unauthorized foreign workers who applied and qualified for Spain’s 2005 

regularization program do not include the approximately 400,000 family members of those 

workers who qualified for regularization. 

Page 41 GAO-06-1055 Foreign Workers 
Similarly, other countries’ regularization programs have required 

applicants to meet residence or employment requirements. For example, 

experts have reported that under Italy’s 2002 regularization program, 

unauthorized immigrants were required to provide proof of employment 

and payment of 3 months’ social insurance contributions in order to apply 

for the program. Under Greece’s 2001 program, unauthorized immigrants 

were required to prove that they previously had legal residence status in 

Greece and had continuously resided in the country since expiration of 

their status or that they had lived in Greece for at least 1 year prior to 

enactment of the program. Under France’s 1981-1982 regularization 

program, unauthorized immigrants were required to show that they had 

resided in France prior to January 1982 and were currently employed or 

had a work contract valid for at least 1 year. Table 5 provides information 

on selected countries’ regularization programs. 

Table 5: Selected Countries’ Regularization Programs

Country 

Year of

program

initiation Program requirements 

Type of status

granted

Estimated 

number

regularizeda

Argentina 2004 Applicants were required to have resided and worked in 

Argentina since June 30, 2004. 

2 year residence 

permit renewable for 

2 additional years; 

after 4 years, 

immigrants are

eligible 

for permanent 

residence status

11,300

Belgium 2000 Applicants were required to have been in Belgium before 

October 1, 1999, and to have a pending asylum petition; an

inability to return to their home country for humanitarian 

reasons; serious illness; or residence in the country for 6 

years without receiving an order to leave in the past 5 years. 

Long-term residence 

status 

(52,000 

applications)b

Canada 1973 Applicants were required to have resided in Canada before

November 1972 and show a stable employment history and

family ties in Canada. 

Long term residence 

status 

50,000

1997 Applications were for family reunification or families in 

irregular situations. 

Permanent resident 

status 

France 78,000

1981-1982 Applicants were required to have resided in France prior to 

January 1982 and been employed at the time of application

or had a valid work contract for at least 1 year. The program

was expanded to include other types of unauthorized

immigrants. 

Permanent residence 

status 

121,000

Page 42 GAO-06-1055 Foreign Workers 
Country 

Year of

program

initiation Program requirements 

Type of status

granted

Estimated 

number

regularizeda

2001 Applicants were required to prove that they previously had 

legal residence status in Greece and had continuously 

resided in the country since expiration of their status or that 

they had lived in Greece for at least 1 year prior to 

enactment of the program. 

2 year renewable 

residence permit; 

after 

10 years, immigrants 

are eligible for 

permanent residence 

status 

(351,000 

applications)b

Greece 

1998 Applicants were required to apply first for a “white card,” 

under which they received a 6-month residence permit 

before receiving a “green card” application, which was a 

renewable work and residence permit for 1 to 5 years. For a 

green card, applicants had to prove that were legally 

employed since January 1, 1998 at the minimum wage. 

White card: 6-month 

residence permit 

Green card: 1 to 5-

year renewable work 

and residence permit 

371,000c

2002 Applicants were required to provide proof of employment and 

payment of 3 months’ social insurance contributions. 

1-year renewable 

permit 

635,000d

1998 Applicants were required to have resided in Italy prior to 

March 27, 1998 and employers who paid taxes on their 

wages. 

Temporary permit 217,000

1995 Applicants were required to have been residing in Italy, were

employed during the past 6 months or had a job offer from

an employer, and had paid 3 months of social insurance 

contributions. 

1- or 2-year 

renewable residence 

permit 

245,000

1990 Applicants were required to have resided in Italy prior to 

December 31, 1989. 

2-year renewable 

residence permit 

218,000

Italy 

1987 Applicants were required to have an employer sponsor and

to have been in Italy prior to January 27, 1987. 

Temporary work

permit 

119,000

New Zealand 2000 Applicants were required to have been in New Zealand for 5 

years or more; to have been a parent of a child born in New 

Zealand; to have been a partner of a New Zealander for 1 

year or more; or to have been married to a New Zealander. 

2-year work permit 

after which 

individuals are 

eligible for permanent 

residence 

3,700

2001 Applicants were required to have been present in the country 

and have a work contract. 

1-year permit 

renewable a 

maximum of 4 times; 

after 5 years, 

individuals are 

eligible for permanent 

residence 

179,000e

1996 Applicants were required to prove that they were involved in 

a professional activity, had a basic ability to speak 

Portuguese, had housing, and had not committed a crime. 

Applicants from Portuguese-speaking countries could apply if 

they had been in the country since December 31, 1995, and 

applicants from non-EU states could apply if they had been 

in the country prior to March 25, 1995. 

Temporary residence 

permit 

22,000

Portugal 

1992 Applicants were required to have been in Portugal before 

April 15, 1992.

Temporary residence 

and work permit 

39,000

Page 43 GAO-06-1055 Foreign Workers 
Country 

Year of

program

initiation Program requirements 

Type of status

granted

Estimated 

number

regularizeda

Spain 2005 Applicants were required to have proof of registration with a 

local municipality in Spain before August 7, 2004; to have 

been in the country at the time they applied; and to have a 

work contract and a clean criminal record. Employers were 

required to demonstrate that they were enrolled in and 

paying into social security, had no history of breaking 

immigration laws in the previous 12 months, and had not 

been sanctioned for violating the rights of workers or 

immigrants. 

I-year renewable 

residence permit 

549,000

2001 Applicants were required to have resided in Spain since 

January 23, 2001, and were employed or were family 

members of a legal foreign worker or Spanish citizen. 

1-year renewable 

temporary residence 

permit 

235,000

2000 Applicants were required to have resided in Spain prior to 

June 1, 1999; had either a work permit or residence permit 

in the previous 3 years; or had applied for a work or 

residence permit. 

1-year renewable 

temporary residence 

and work permit 

164,000

1996 Applicants were required to have worked in Spain since 

January 1, 1996, have a work or residence permit issued 

after May 1986, or to be a member of the family of a migrant 

living in Spain before January 1996. 

5-year residence 

permit 

21,000

1991 Applicants were required to have been in Spain since May 

15, 1991, or were asylum seekers whose applications were

rejected or pending. 

3-year residence 

permit 

110,000

1985 Applicants were required to have a job offer and to have 

been in Spain prior to July 24, 1985. 

1-year renewable 

residence permit 

(44,000 

applications)b

Source: GAO analysis based on information reported by countries and studies, particularly Amanda Levinson, The Regularization of

Unauthorized Migrants: Literature Survey and Country Case Studies, Centre on Migration, Policy and Society (Oxford, United Kingdom: 

2005). Data on the estimated number of regularizations are from the OECD.

Note: In some countries, such as Argentina and Greece, immigrants whose status was regularized 

can eventually apply for citizenship. 

a

Under each program, individuals are regularized over different periods of time. 

b

Data on the estimated number regularized were not available. 

c

Data refer to persons who were issued a white card. 

d

Data refer to the number of permits issued at the beginning of 2004.

e

Data refer to the number of 1-year residence permits provided between January 2001 and March 

2003. 

In addition, experts have suggested development and implementation of 

earned regularization programs, which are generally characterized by 

countries’ use of a points system for determining whether to regularize an

Page 44 GAO-06-1055 Foreign Workers 
unauthorized immigrant’s status.40 Although experts differ on specific 

requirements for earned regularization programs, in general, these 

programs would link regularization to a temporary worker program and 

allow unauthorized immigrants to apply for regularization only after 

meeting specified criteria over a certain period of time. For example, 

migrants residing illegally in a country would first be granted a temporary 

residence and work permit for a certain amount of time, such as for 

3 years, during which they would be required to collect credits or points to 

eventually qualify for a permanent residence and work permit. The points 

could be based on a variety of different criteria, like stable employment, 

payment of taxes and social security contributions, legal presence of a 

family member in the country, and documented language fluency. 

Unauthorized migrants would be required to obtain a minimum number of 

points during the length of their temporary permit in order to be eligible to

apply for permanent residency. Those migrants who failed to obtain the 

required number of points could be required to return to their home 

countries. 

Experts have pointed out advantages to earned regularization programs. 

They suggest that initially providing unauthorized foreign workers with 

temporary legal status allows the largest possible number of unauthorized 

immigrants to participate in the program and transfers work that 

previously occurred in the underground economy into the formal 

economy. Earned regularization programs also allow unauthorized foreign 

workers who would like to work toward permanent residence status to do 

so based on specific criteria for earning points. However, experts have 

also noted drawbacks to earned regularization programs. For example, 

requiring unauthorized foreign workers to earn the opportunity to apply 

for permanent residence status may complicate these workers’ ability to 

economically and socially integrate into a country. Moreover, an earned 

regularization program based on a points system could favor high-skilled 

workers over low-skilled workers, making it difficult for low-skilled 

workers to obtain permanent residence status. 

 40 See, for example, Demetrios Papademetriou, The “Regularization” Option in Managing 

Illegal Migration More Effectively: A Comparative Perspective, Migration Policy Institute

(Washington, D.C.: September 2005). 

Page 45 GAO-06-1055 Foreign Workers 
According to officials and studies, employers and unauthorized foreign 

workers have incentives to participate in regularization programs but have 

not always participated for various reasons. For example, employers may 

participate in programs by applying for regularization on behalf of their 

workers so as to avoid possible civil, also called administrative, or 

criminal penalties for employing unauthorized foreign workers after 

implementation of the programs. In implementing regularization programs, 

countries such as Spain and France have introduced new or strengthened 

enforcement programs, including increased employer monetary penalties,

for employing unauthorized foreign workers. Experts have suggested that

the credible threat of enforcement helps create an incentive for employers, 

as well as workers, to participate in regularization programs. 

Employers and 

Unauthorized Foreign 

Workers Have Incentives 

to Participate in 

Regularization Programs 

but Have Not Always Done 

So 

Unauthorized foreign workers may want to participate in regularization 

programs to be better able to seek fair or higher wages and safe working 

conditions from their employers, and regularization programs thus can 

help to address any employer exploitation of unauthorized foreign 

workers. As a result of regularization, formerly unauthorized foreign 

workers may also be better able to compete for higher-paying jobs and 

obtain opportunities for acquiring or enhancing their work skills. 

Regularization programs also allow formerly unauthorized foreign workers 

to access social insurance benefits. In addition, participation in 

regularization programs may help formerly unauthorized foreign workers 

better integrate into a country by, for instance, helping them to acquire

education and language skills. Participation in regularization programs 

may also provide formerly unauthorized foreign workers with the 

opportunity to visit their home countries. 

Government officials and experts have noted that not all employers and 

workers may choose to participate in regularization programs. For 

example, unscrupulous employers may not help unauthorized foreign 

workers apply for regularization programs because the employers gain 

benefits from employing unauthorized foreign workers and do not fear the 

possibility of government penalties. Employers can save money or gain 

greater profits by employing unauthorized foreign workers and thus not 

paying taxes or social insurance contributions or providing safe working 

conditions for those workers. Employers who hire unauthorized foreign 

workers may have a competitive advantage over other employers who hire 

only authorized workers and, as a result, may be less willing to provide 

unauthorized foreign workers who want to regularize their status with the 

documents needed to prove that the workers meet program eligibility 

requirements. For example, studies have reported that during France’s 

1981-1982 regularization program, some employers were unwilling to 

Page 46 GAO-06-1055 Foreign Workers 
provide unauthorized foreign workers with the appropriate 

documentation, as initially required under the program, and in some cases, 

employers fired unauthorized foreign workers who requested their 

employers’ assistance in applying for regularization. To address this 

problem, the French government modified program requirements to allow 

third parties to assist unauthorized foreign workers rather than relying 

solely on employers to do so. 

In addition, unauthorized foreign workers may not want to participate in

regularization programs for various reasons. For example, workers 

granted temporary legal residency status under regularization programs 

may deliberately allow their legal status to expire and revert to 

unauthorized status in order to better obtain employment. Because 

employers can benefit from employing unauthorized foreign workers, 

unscrupulous employers may seek to fill jobs held by workers who 

obtained legal status with other unauthorized foreign workers, hindering 

the ability of workers with new legal status to compete with unauthorized 

foreign workers for jobs. Therefore, government officials and experts have

stated that it is important to implement new or enhanced worksite 

enforcement efforts in conjunction with a regularization program to 

maximize participation in the program by employers and eligible 

immigrants and to help deter employers from hiring unauthorized foreign 

workers in the future. Unauthorized foreign workers may also choose not 

to participate in regularization programs because they lack knowledge 

about program requirements and may fear expulsion if they register for 

program participation. According to government officials and experts, lack

of information about regularization program requirements may hinder 

unauthorized immigrants’ participation in such programs. 

Governments Perceive 

Benefits from 

Regularization Programs 

but Face Difficulties in 

Implementing Such 

Programs 

According to officials and experts, countries’ governments benefit from 

regularization programs but may incur costs and face challenges in 

implementing these programs. In particular, workers who resided and 

worked illegally in a country likely did not pay taxes and social insurance 

contributions to the government. However, after changing their status to 

legal residency under regularization programs, governments could collect 

taxes and social insurance contributions from formerly unauthorized 

foreign workers by, for example, requiring workers to pay these 

contributions prior to changing their status. As a result, formerly 

unauthorized workers’ employment is transferred from the underground 

economy to the formal economy. Furthermore, governments can collect 

social insurance contributions from these workers who previously 

accessed benefits but did not contribute to the social insurance system. 

Page 47 GAO-06-1055 Foreign Workers 
This collection of social insurance contributions from a greater segment of 

countries’ populations may also help in the short term to address 

demographic challenges faced by countries with aging, low-growth 

populations and declining levels of social insurance contributions. In 

Spain, for example, the government collected social insurance 

contributions from previously unauthorized foreign workers by requiring 

employers to pay 1 month’s contributions for their workers. As of 

February 2006, officials from Spain reported that approximately 560,000 of 

the nearly 700,000 individuals who applied for the regularization program 

had paid the required social insurance contribution, and government 

officials noted that as a result of the regularization program, the 

percentage of individuals contributing to the social insurance system 

increased. 

In addition, governments may gain information on and estimates of the 

size of the unauthorized immigrant population in the country as a result of

implementing regularization programs. For example, officials and studies 

reported that regularization programs may provide governments with data 

that can help in estimating the number of unauthorized immigrants 

residing in the country prior to program implementation. Regularization 

programs may also provide governments with information about the 

demographics of migrants, which could assist countries in developing 

policies to manage future migrant flows and employment. In addition, 

regularization programs may help countries better understand and 

regulate their underground economies by providing them with information 

on unauthorized immigrants’ labor market participation. 

Yet governments may incur costs and face challenges in implementing 

regularization programs, according to officials and experts. For example, 

while in many of the countries we studied unauthorized immigrants can 

receive some social insurance benefits, particularly health and 

unemployment insurance, these immigrants generally cannot access other

benefits, such as retirement benefits. After unauthorized immigrants’ 

status is regularized, these immigrants can fully access social insurance 

benefits, and though they also contribute to the social insurance system, it 

is uncertain whether immigrants’ contributions are greater than the 

benefits they draw. In addition, according to studies, some unauthorized 

foreign workers may qualify for regularization but continue to work in the 

Page 48 GAO-06-1055 Foreign Workers 
underground economy after gaining legal status.41 In such cases, the 

formerly unauthorized foreign workers could continue to receive some 

social insurance benefits available to all individuals residing in the country 

regardless of their immigration status but may not be contributing to the

social insurance system. As a result, regularization programs may not 

necessarily increase countries’ tax and social insurance revenue over time. 

Governments also face difficulties in managing the application process for 

regularization programs, particularly in reviewing large numbers of 

applications and detecting fraud in the process. In Spain, nongovernmental 

officials reported that in past regularization programs, large numbers of 

applicants initially overwhelmed the application review process, resulting 

in long lines of individuals waiting to apply and requiring the government 

to modify application procedures. During the 2005 regularization program, 

government officials told us that the Spanish government took steps, such 

as developing an electronic database for processing applications, to 

address some of the challenges experienced under prior regularization 

programs. In Portugal, Italy, and Greece, studies have reported significant

delays in the application review process and a lack of government 

oversight of the process. They also noted that unauthorized immigrants 

have used fraudulent documents to apply for regularization. During 

Canada’s 1974 regularization program, the government provided training 

to immigration agency staff for reviewing and processing regularization 

applications, which helped limit some problems in the application review

process, according to studies. 

Moreover, governmental and nongovernmental officials told us that 

regularization programs may be particularly difficult to implement in cases

where the programs require immigrants to return to their home countries 

before applying for the programs. For example, between 1993 and 2000,

the Spanish government managed a program through which employers 

could apply to hire unauthorized foreign workers residing in Spain, but 

workers were required to return to their home countries to receive a legal

work permit. According to officials, the government granted exemptions 

to this requirement for the majority of unauthorized workers because of 

low participation in the program and limited government enforcement of 

the return requirement. Because many unauthorized foreign workers 

 41 See, for example, Aspasia Papadopoulou, Regularization Programmes: An Effective 

Instrument of Migration Policy? Global Commission on International Migration (Geneva,

Switzerland: May 2005). 

Page 49 GAO-06-1055 Foreign Workers 
developed social and communal ties in the country, they did not want to 

leave Spain to apply for regularization and chose rather to remain in the 

country in an unauthorized status. According to some officials and 

experts, it is important to implement enforcement efforts in conjunction 

with a regularization program to help ensure that individuals comply with 

program requirements and immigration law and to maximize participation 

in the program. 

In addition, governments have faced difficulties when individuals granted 

temporary legal status under regularization programs do not renew their 

status or lapse into an unauthorized status, contributing to countries’ 

decisions to initiate other regularization programs in the future. For 

example, under regularization programs in Spain, unauthorized foreign 

workers were granted temporary legal residence and work status and 

were required to periodically renew this status. However, officials and 

studies noted that a significant number of workers initially granted legal 

status under Spain’s programs did not subsequently renew their status for 

various reasons, such as unclear criteria for permit renewals or lack of 

knowledge about renewal procedures, and lapsed into an unauthorized 

status. Likewise, under other countries’ regularization programs, such as 

Greece’s and Italy’s programs, studies have suggested that large numbers 

of immigrants initially granted temporary legal status did not renew their 

legal status and reverted to an unauthorized status. According to experts, 

countries have faced difficulties in determining the number of 

unauthorized immigrants eligible for regularization who were granted legal 

status under previous programs but had reverted to illegal status. Thus, 

countries that have implemented multiple regularization programs that 

provide immigrants with temporary legal status may repeatedly provide 

this status to the same group of unauthorized immigrants. As a result, 

while countries claimed that each large-scale regularization program 

would be the last such program offered, these countries have repeatedly

initiated such programs not only to address new unauthorized immigrant 

inflows, but also to reregularize previously authorized immigrants. 

Furthermore, experts have noted that countries have experienced 

challenges in developing and implementing policies to address the status 

of unauthorized immigrants who were not eligible or did not complete 

applications for the programs. For example, Spanish government officials 

stated that not all unauthorized immigrants eligible for the 2005 program 

completed the application process. The Spanish government estimated 

that about 140,000 immigrants who initially registered for the program did 

not pay the required 1-month social insurance contribution, and thus these 

immigrants remained unauthorized. Studies have also noted that 

Page 50 GAO-06-1055 Foreign Workers 
unauthorized immigrants’ difficulties in proving their eligibility, such as 

providing documents that prove residency and employment status, may 

undermine immigrants’ ability to complete the application process.42

Additionally, experts have stated that countries such as Spain may face 

challenges in implementing programs to address unauthorized immigrants 

who do not gain legal residency status. Because not all unauthorized 

immigrants are eligible for or participate in regularization programs, it can 

be difficult for countries to develop policies to address remaining 

unauthorized immigrant populations, such as determining whether to 

deport these unauthorized immigrants or to provide them with other 

opportunities to obtain legal status. According to experts, large-scale 

removals are extremely expensive and require consideration of 

humanitarian factors, such as impacts on families with members of mixed 

legal statuses. 

Impact of Regularization 

Programs on Illegal

Immigration and 

Employment Is Unknown 

Experts have noted that regularization programs may be viewed as a pull

factor in encouraging further illegal immigration. For example, 

unauthorized immigrants may illegally enter or stay in a country that has 

previously implemented regularization programs with the expectation that 

the country will implement a similar program in the future. To guard 

against such a perception, experts suggested that it is important for 

countries that implement a regularization program to clearly indicate that

the program is a one time program by, for example, introducing new or 

enhanced enforcement efforts in conjunction with a regularization 

program. 

However, other experts have suggested that the extent to which 

regularization programs affect additional illegal immigration flows and 

employment is unclear. Countries generally have not evaluated the results 

of regularization programs, including the extent to which such programs 

encourage further illegal immigration, and as a result, the long-term effects 

of these programs are not known. Moreover, a variety of factors can affect 

illegal immigration and employment, making it difficult to directly link

regularization programs to increased illegal immigration flows and 

employment. For example, because employers have economic incentives 

to hire unauthorized foreign workers, employers may continue to recruit

 42 See, for example, Amanda Levinson, The Regularization of Unauthorized Migrants: 

Literature Survey and Country Case Studies, Centre on Migration, Policy and Society 

(Oxford, United Kingdom: 2005). 

Page 51 GAO-06-1055 Foreign Workers 
and employ those workers instead of hiring legal workers, such as those 

whose status has been regularized. In addition, the extent to which 

countries enforce laws that prohibit unauthorized employment as part of 

regularization programs varies and thus affects programs’ outcomes 

differently. 

There are a number of difficult issues for countries contemplating a 

regularization program to consider. For example, it is important for 

countries to estimate the likely number of migrants that would be eligible 

for regularization in order to effectively plan for the administrative 

responsibilities that will be required for implementation. Countries we 

studied have faced various administrative challenges in implementing their 

regularization programs, and the largest of the programs in our study 

regularized the status of approximately 635,000 immigrants. In addition, it

is critical for countries to evaluate the most appropriate legal status to 

grant regularized immigrants—temporary, temporary yet renewable, or 

permanent status—and to determine the extent to which regularized 

immigrants granted temporary status renew their status or leave the 

country upon expiration of their status. Furthermore, a committed effort 

by countries to enforce laws that prohibit the employment of unauthorized 

workers is a key element of a successful regularization program, as not all 

unauthorized immigrants may qualify for the program and the opportunity

for employment may continue to motivate individuals to migrate illegally. 

Regularized immigrants granted temporary legal status may also 

subsequently lapse into an unauthorized state, which, in the absence of 

effective worksite enforcement, may increase the likelihood that a country 

undertakes future regularization programs. 

Other countries’ programs for admitting foreign workers, enforcing laws 

that prohibit the employment of unauthorized foreign workers, and 

regularizing the status of unauthorized immigrants are shaped by each 

country’s unique political, social, cultural, and economic characteristics. 

Therefore, these programs may not be readily applicable to the United 

States. However, other countries’ experiences in developing and 

implementing these programs are useful in identifying a range of issues for 

consideration by any country contemplating reforms to its immigration 

policy and can help highlight the potential advantages and pitfalls 

associated with them. 

Additional Insights from 

Countries’ Regularization 

Programs 

Concluding 

Observations 

Even with implementation of a range of foreign worker, enforcement, and 

regularization programs, all countries, including the United States, face 

Page 52 GAO-06-1055 Foreign Workers 
challenges in fully eliminating all unauthorized immigration and 

employment. Not all employers may want to comply with laws that 

prohibit the employment of unauthorized workers, as it is often less costly 

for employers to employ unauthorized, rather than authorized, workers. 

Likewise, workers have economic incentives to illegally migrate to and

obtain employment in other countries, and even if given the opportunity to 

gain legal status, they may perceive that there are benefits to remaining in 

an unauthorized status. No one program or mechanism can fully address 

the employment of unauthorized foreign workers. Therefore, efforts to 

effectively address this problem may require development and 

implementation of a strategic approach, including programs to assess 

labor market needs for foreign workers and admit any needed workers, to 

reliably verify the employment authorization status of workers, and to 

enforce laws that prohibit the employment of unauthorized foreign 

workers. 

As arranged with your office, unless you publicly announce the contents of 

this report earlier, we plan no further distribution until 7 days after the 

date of this report. At that time, we will send copies of this report to the 

Secretary of Homeland Security, the Secretary of Labor, the Secretary of 

State, the Director of the Office of Management and Budget, and the 

appropriate congressional committees. We will also make copies available 

to others upon request. In addition, the report will be available at no 

charge on GAO’s Web site at http://www.gao.gov.

If you or your staff have any questions regarding this report, please 

contact me at (202) 512-8777 or stanar@gao.gov. Contact points for our 

Offices of Congressional Relations and Public Affairs may be found on the 

last page of this report. GAO staff who made major contributions to this 

report are listed in appendix XIII. 

Richard M. Stana 

Director, Homeland Security and Justice Issues 

Page 53 GAO-06-1055 Foreign Workers 
Appendix I: Scope and Methodology 

Page 54 GAO-06-1055 Foreign Workers 

Appendix I: Scope and Methodology 

To determine how countries’ programs for foreign worker admissions, 

enforcement of workplace laws, and regularization function, we 

interviewed officials and obtained documents from 8 countries and sent 

questionnaires to 13 other countries. We interviewed government officials 

during site visits to the following countries: Belgium, Canada, France, 

Germany, Spain, Switzerland, and the United Kingdom. We also 

interviewed officials from, but did not visit, Australia. We selected these 

countries based on the following criteria: net immigration rate; size of 

population; membership in the Organisation for Economic Co-operation 

and Development (OECD); classification by the World Bank as high 

income; range of immigration policies; and geographic location. In these 

countries, we met with officials from the labor ministries, interior 

ministries, finance ministries, treasury departments, social security 

agencies, immigration agencies, law enforcement agencies, and local 

government agencies. We also sent questionnaires to government agencies 

in 13 countries. We selected these 13 countries based on the following 

criteria: net immigration rate; population; membership in the OECD or 

classification by the World Bank as high income; and geographic location. 

We analyzed information and documents, such as agency annual reports, 

manuals, and briefing materials, from the 8 countries to determine the 

characteristics, functions, resources, and outputs of the countries’ 

programs to admit foreign workers, enforce laws that prohibit the 

employment of unauthorized foreign workers, and regularize unauthorized 

immigrants. We also examined this information to determine government 

officials’ views on foreign worker programs, efforts to enforce laws that 

prohibit the employment of unauthorized foreign workers, and 

regularization efforts, including to identify the advantages and 

disadvantages of these programs. We did not independently examine 

countries’ laws and regulations, but rather based characterizations of 

countries’ programs on information provided by countries as of July 2006.

In addition, we analyzed this information to determine the extent to which 

countries’ programs may provide insights or examples for development 

and implementation of similar programs in the United States.

To develop the questionnaires, we analyzed reports and studies from the 

International Labour Organization (ILO), the International Organization 

for Migration (IOM), the OECD, and other organizations. We also spoke 

with and examined reports from six experts. We received technical 

comments on draft versions of the questionnaires from officials at the 

Department of State and the ILO and from 2 experts. We also pretested the 

questionnaires with officials from 4 countries. We made relevant changes 

to the questionnaires based on the technical comments and pretests. 
Appendix I: Scope and Methodology 

We sent the questionnaires to Department of State officials responsible for 

each country. These officials then sent the questionnaires to U.S. embassy 

officials in each country we surveyed. The embassy officials provided the 

questionnaires to the appropriate foreign government agencies and 

returned the agencies’ questionnaire responses to us upon completion. As 

of August 1, 2006, we received questionnaire responses from 6 countries—

Argentina, Austria, the Netherlands, New Zealand, Portugal, and 

Singapore. We encouraged countries to complete and return the 

questionnaires by contacting Department of State desk officers and 

embassy officials on multiple occasions and sending additional copies of 

questionnaires when requested. We performed this work from October 

2005 through August 2006. 

Because our sample was not designed to be representative of a defined 

universe of countries, questionnaire results cannot be generalized beyond

the countries we surveyed. Moreover, since our survey used a 

nonprobability selection of countries, there are no sampling errors. 

However, the practical difficulties of conducting any survey may introduce 

errors, commonly referred to as nonsampling errors. For example, 

measurement errors are introduced if difficulties exist in how a particular 

question is interpreted or in the sources of information available to 

respondents in answering a question. In addition, coding errors may occur 

if mistakes are entered into a database. We took extensive steps in the 

development of the questionnaires, the collection of data, and the editing 

and analysis of data to minimize total survey error. As noted above, to 

reduce measurement error and ensure questions and response categories 

were interpreted in a consistent manner, we pretested the questionnaires 

with several countries. 

We analyzed data reported by countries during interviews and on the 

questionnaires regarding the outputs and resources of their foreign worker 

programs, worksite enforcement efforts, and regularization efforts. We 

assessed the reliability of this data by reviewing the data for obvious 

errors and inconsistencies and interviewing agency officials 

knowledgeable about the data. If necessary, we contacted respondents 

and government officials we had interviewed to clarify responses and, 

when documentation about the data was provided, we reviewed it. We 

determined that the data were sufficiently reliable for the purposes of our 

review. However, we could not compare data on resources and outputs 

across the countries because each country we reviewed collects and 

maintains information on resources and outputs differently. 

Page 55 GAO-06-1055 Foreign Workers 
Appendix I: Scope and Methodology 

In addition to interviewing and surveying government officials, we 

interviewed officials from ILO, IOM, OECD, the European Union (EU), the 

United Nations High Commission for Refugees, the United Nations High 

Commission for Human Rights, and the Intergovernmental Consultations 

on Asylum, Refugee, and Migration Policies. We also interviewed officials 

from 6 employer associations, 10 labor groups, and 1 advocacy group, as 

well as 19 immigration experts, in Belgium, Canada, France, Germany, 

Spain, Switzerland, the United Kingdom, and the United States (see app.

XII). We selected the experts based on the following criteria: type and

depth of experience, recognition in the professional community, relevance 

of published work, employment history, and researchers’ 

recommendations. We also interviewed officials from the Department of 

Labor and the Department of Homeland Security in the United States. We 

analyzed information from these groups and experts to determine their 

views on the advantages and disadvantages of countries’ temporary 

foreign worker programs, regularization efforts, and efforts to enforce 

laws that prohibit the employment of unauthorized foreign workers. 

We also examined reports from various nongovernmental agencies and

immigration experts. We analyzed reports from ILO, IOM, OECD, and the 

EU. We also examined reports and studies from various research 

organization and immigration experts, including reports from the 

Migration Policy Institute; the Center on Migration, Policy and Society at 

Oxford University; and the Center for Comparative Immigration Studies. 

We selected these reports and studies based on their relevance to our 

review, recognition in the professional community, and experts’ 

recommendations. We analyzed information in these reports and studies to 

identify the advantages and disadvantages of countries’ temporary foreign 

worker, enforcement, and regularization programs. 

We conducted our work from September 2005 through August 2006 in

accordance with generally accepted government auditing standards. 

Page 56 GAO-06-1055 Foreign Workers 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Page 57 GAO-06-1055 Foreign Workers 

Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Table 6: Selected Information on Countries’ Population Characteristics 

Country Total population

Total legal 

migrant population 

Total migrant 

population as a 

percentage of total 

population 

Net migration rate 

(per 1,000 persons)

Argentina 39.9 million 1.5 million 4 percent 1

Australia 20.3 million 4.7 million 25 percent 5

Austria 8.2 million 756,000 9 percent 1

Belgium 10.4 million 880,000 9 percent 1

Canada 33.1 million 5.8 million 19 percent 5

France 60.9 million 6.3 million 11 percent 1

Germany 82.4 million 7.3 million 9 percent 2

Netherlands 16.5 million 1.6 million 10 percent 2

New Zealand 4.1 million 850,000 23 percent 2

Portugal 10.6 million 233,000 2 percent 1

Singapore 4.5 million 1.4 million 34 percent 20

Spain 40.4 million 1.3 million 3 percent 1

Switzerland 7.5 million 1.8 million 25 percent 1

United Kingdom 60.6 million 4 million 7 percent 2

Source: Total population data are from the Central Intelligence Agency World Factbook; other data are from the International Labour

Organization. 

Note: All data are estimated and numbers rounded. Total population data are from 2006. Other data

are from 2000. 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Table 7: Selected Information on High-Skilled Temporary Foreign Worker Programs

Country Program characteristics

Argentina • Employers can hire foreign workers only when they cannot find native workers for needed positions. 

• Employers and foreign workers must pay a fee for work permits. 

• Workers can bring in family members. 

• Workers can work only for employers and in job positions specified on the permit. 

• Foreign workers are required to return to their home countries. 

• Workers are required to return to their home countries before applying for a new permit. 

• Employers are required to post a bond that is returned to them after workers’ return to their home countries. 

• Workers can apply for permanent residence status after a specified period of time in the country. 

Australia Australia has numerous programs for admitting high-skilled workers, and each program has different 

requirements. In general, 

• Employers are required to pay a fee for work permits. 

• Workers can bring in family members. 

• Workers can apply for permanent residence status and may be eligible for citizenship. 

Austria • Employers and foreign workers must pay a fee for work permits. 

• Workers can bring in family members. 

• Workers can work only for employers and in job positions specified on the permit. 

• Foreign workers are required to return to their home countries, but can apply to extend their permits. 

• Workers are required to return to their home countries before applying for a new permit. 

• Austria admitted approximately 3,000 workers in 2005. 

Belgium • Belgium admits foreign workers under various types of permits—A, B, or C—with differing admission 

requirements. 

• Under permit B, employers must show that there are no native or EU workers available for needed positions.

Canada • Employers can hire foreign workers only when they cannot find native workers for needed positions. 

• Foreign workers must pay a fee for work permits. 

• Temporary foreign workers can be nominated by the provinces in which they work for permanent residence 

status. 

France • Temporary work permits are issued for 1 year to foreigners who can prove family ties, scientists, artists, 

students, and visitors. 

• Permanent work permits are generally issued to employers who cannot find native workers to fill needed 

positions. 

Germany • Workers can work only for employers and in job positions specified on the permit. 

• Workers can be granted permanent residence. 

Netherlands • Workers can bring in family members. 

• Workers can apply for permanent residence status. 

• The Netherlands admitted approximately 2,000 workers in 2005. 

New Zealand • Employers can hire foreign workers only when they cannot find native workers for needed positions. 

• Employers and foreign workers must pay a fee for work permits. 

• Foreign workers are required to return to their home countries. 

• Workers can apply for permanent residence status. 

• New Zealand admitted approximately 51,500 workers in 2004-2005. 

Page 58 GAO-06-1055 Foreign Workers 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Country Program characteristics

Portugal • Employers can hire foreign workers only when they cannot find native workers for needed positions. 

• Foreign workers must pay a fee for work permits. 

• Workers can bring in family members. 

Singapore • Employers must pay a fee for employment passes. 

• Employment passes can be renewed. 

• Workers are required to return to their home countries. 

Spain • Employers must receive authorization from the government to employ unauthorized foreign workers. 

• Foreign workers can apply for permanent residence status after a specified period of time. 

Switzerland • Employers can hire foreign workers only when they cannot find native workers for needed positions. 

• Employers must pay a fee for work permits. 

• Workers can work only for employers and in job positions specified on the permit. 

• Foreign workers are required to return to their home countries. 

• Switzerland admitted approximately 7,000 workers from November 2004 through October 2005. 

United Kingdom • Foreign workers are not required to have a job offer before entering the United Kingdom. 

• The United Kingdom admitted approximately 7,000 workers in 2005. 

Source: GAO analysis of country-reported data. 

Note: For more detailed information on programs in Australia, Belgium, Canada, France, Germany, 

Spain, Switzerland, and the United Kingdom, see appendixes III through X. 

Page 59 GAO-06-1055 Foreign Workers 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Table 8: Selected Information on Low-Skilled Temporary Foreign Worker Programs 

Country Program characteristics

Argentina • Employers must show that there are no native workers available for needed positions. 

• Employers and foreign workers must pay a fee for work permits. 

• Workers can bring in family members. 

• Workers can work only for employers and in job positions specified on the permit. 

• Workers must provide proof of intent to return. 

• Workers must return to their home countries before applying for a new permit. 

• Employers are required to post a bond that is returned to them after workers’ return to their home country. 

Australia • Under Australia’s Working Holiday visas, foreigners can enter Australia for up to 1 year for travel and are

able to supplement their travel funds through incidental employment. 

Austria • None reported

Belgium • Belgium admits foreign workers under various types of permits—A, B, or C—with differing admission 

requirements. 

• Under permit B, employers must show that there are no native workers available for needed positions. 

• Belgium admitted approximately 4,300 workers in 2004. 

Canada • Employers must show that there are no native workers available for needed positions. 

• Foreign workers must pay a fee for work permits. 

• Temporary foreign workers can be nominated by the provinces in which they work for permanent residence 

status. 

France • None reported

Germany • Germany admitted approximately 44,000 workers in 2003 under bilateral agreements. 

Netherlands • None reported

New Zealand • None reported

Portugal • None reported

Singapore • Employers must pay a fee for work permits. 

• Workers can work only for employers and in job positions specified on the permit. 

• Foreign workers are required to return to their home countries. 

• Workers can apply for permanent residence status after a specified period of time in the country. 

• Employers are required to post a bond that is returned to them after workers’ return. 

• Workers must return to their home countries before applying for a new permit 

Spain • Employers must receive authorization from the government to employ foreign workers. 

• Foreign workers can apply for permanent residence status after a specified period of time. 

Switzerland • None reported

United Kingdom • Employers in the food processing sector only can apply to bring in foreign workers. 

• Workers are required to return to their home countries, but can apply for another temporary permit if they 

resided in their home countries for at least 2 months after expiration of the initial permit. 

• The United Kingdom admitted approximately 17,000 Sector-Based Scheme workers in 2005. 

Source: GAO analysis of country-reported data. 

Note: Austria, France, the Netherlands, New Zealand, and Portugal did not report specific foreign 

worker programs for admitting low-skilled workers. For more detailed information on programs in 

Australia, Belgium, Canada, France, Germany, Spain, Switzerland, and the United Kingdom, see 

appendixes III through X. 

Page 60 GAO-06-1055 Foreign Workers 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Table 9: Selected Information on Seasonal Temporary Foreign Worker Programs 

Country Program characteristics

Argentina • Employers can hire foreign workers only when they cannot find native workers for needed positions. 

• Employers and foreign workers must pay a fee for work permits. 

• Workers can bring in family members. 

• Workers can work only for employers and in job positions specified on the permit. 

• Workers must provide proof of intent to return. 

• Workers must return to their home countries before applying for a new permit. 

• Employers post a bond that is returned to them after workers’ return. 

Australia • Under Australia’s Working Holiday visas, foreigners can enter Australia for up to 1 year for travel and are

able to supplement their travel funds through incidental employment. 

Austria • Seasonal workers can be admitted in the following sectors: tourism, agriculture and forestry, and harvest. 

• Employers can hire foreign workers only when they cannot find native workers for needed positions. 

• Employers must pay a fee for work permits. 

• Workers can work only for employers and in job positions specified on the permit. 

• Workers must return to their home countries before applying for a new permit. 

• Austria set quotas for admissions in the following sectors in 2006: tourism—7,500; agriculture and forestry—

7,500; and harvest—7,000. 

Belgium • Employers can hire foreign workers only when they cannot find native workers for needed positions. 

• Workers can work only for employers and in job positions specified on the permit, depending on the type of 

permit. 

Canada • Seasonal foreign workers admitted from Mexico, Jamaica, Barbados, Trinidad and Tobago, and the 

Organization of Eastern Caribbean States. 

• Workers can work only for employers and in job positions specified on the permit. 

• Foreign workers are required to return to their home countries; permits are valid for a maximum of 8 months.

France • Seasonal foreign workers admitted from Tunisia, Morocco, and Poland. 

• Foreign workers from Tunisia and Morocco are required to sign an agreement to return to their home 

countries and appear at a French mission in their home country to document their return. 

Germany • Employers must pay a fee for work permits. 

• Workers can work only for employers and in job positions specified on the permit. 

• Germany admitted approximately 330,000 workers in 2005.

Netherlands • Employers can hire foreign workers only when they cannot find native workers for needed positions. 

• Employers must pay a fee for work permits. 

• Workers can work only for employers and in job positions specified on the permit. 

• Workers must return to their home countries before applying for a new permit. 

• The Netherlands admitted approximately 23,000 workers in 2005. 

Page 61 GAO-06-1055 Foreign Workers 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Country Program characteristics

New Zealand • The program is a pilot for seasonal workers in the horticulture and viticulture industries and only in regions 

where the Ministry of Social Development declared a shortage of workers. 

• Eligibility for program participation was generally limited to foreign nationals in the country on the date the 

program was announced. 

• Employers can hire foreign workers only when they cannot find native workers for needed positions. 

• Foreign workers must pay a fee for work permits. 

• Workers can bring in family members. 

• Foreign workers can apply for permanent residence status after a certain period of time in the country. 

• Workers must provide proof of intent to return to their home countries. 

• New Zealand admitted approximately 2,000 workers between December 2005 and May 2006 

• A quota of 4,000 was set for the pilot program period from November 2005 through September 2006. 

Portugal • None reported 

Singapore • None reported

Spain • Foreign workers can apply for permanent residence status after participating in the program for 3 years. 

• Spain admits approximately 20,000 to 30,000 workers each year. 

Switzerland • None reported

United Kingdom • Employers can apply to bring in foreign students only as seasonal agricultural workers. 

• Workers are placed with employers by private sector entities. 

• The United Kingdom set a quota for the program of 16,250 in 2006. 

Source: GAO analysis of country-reported data. 

Note: Portugal, Singapore, and Switzerland did not report specific foreign worker programs for 

admitting seasonal foreign workers. For more detailed information on programs in Australia, 

Belgium, Canada, France, Germany, Spain, Switzerland, and the United Kingdom, see appendixes 

III through X. 

Page 62 GAO-06-1055 Foreign Workers 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Table 10: Selected Information on Employment Eligibility Verification Processes 

Country Employment verification process characteristics 

Argentina • Employees are required to present documentation that proves their identity and work eligibility. 

• Employers are required to revew documentation presented by employees and to report employees’ 

information to government agencies. 

• Identity documents: 

• Valid passport 

• Identity card issued by the Argentine Federal Police 

• National identity document, or 

• Certificate of citizenship issued by the consulate of the worker’s country 

• Immigration status documents: 

• Certificate of permanent residence 

• Certificate of temporary residence 

• Certificate of extension of residence 

Australia • Employers are encouraged, but not required to, check job applicants’ work eligibility documents. 

• Work authorization documents:

• Australian birth certificate 

• Australian citizenship certificate 

• Australian passport 

• Evidence of permanent resident status 

• Visa with entitlement to work

Austria • Employees are required to present documentation that proves their identity and work eligibility. 

• Employers are required to review documentation presented by employees and to report employees’ 

information to government agencies. 

• Work authorization documents:

• High-skilled worker permit 

• Work permit 

• Exemption certification 

• Proof of establishment 

• Confirmation of fee/receipt 

• Establishment or residence permit for certain categories of foreigners 

• Passport or identity cards for European Union nationals 

Belgium • Employers are required to report information on new employees to the social security administration. 

• Employers are required to check the residence and work permits of foreign workers. 

Canada • Employers are encouraged to check employees’ work authorization documents. 

France • Employers are required to check the work authorization status of foreign workers. 

• Employers are required to file a declaration of hire with the social security administration for each worker, 

regardless of the worker’s nationality. 

Germany • Employers are required to check the work authorization status of foreign workers. 

• Employers are required to report native workers’ information for social insurance payment purposes. 

Page 63 GAO-06-1055 Foreign Workers 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Country Employment verification process characteristics 

Netherlands • Employees are required to present documentation that proves their identity and work eligibility. 

• Employers are required to review documentation presented by employees and to report employees’ 

information to government agencies. 

• Identity documents: 

• Passport 

• European identity card 

• Refugee passport 

• Aliens passport 

• Residence permit 

• Immigration status documents: 

• Passport 

• European identity card 

• Non-European Union citizens must also show a residence permit or a certificate in their passport 

issued by the Dutch immigration service 

New Zealand • Employees are required to present documentation that proves their identity and work eligibility. 

• Work authorization documents:

• Foreign passport with valid New Zealand work or residence permit 

• Proof of New Zealand citizenship 

• New Zealand passport 

• Inland revenue tax number 

Portugal • Employees are required to present documentation that proves their identity and work eligibility. 

• Employers are required to report employees’ information to government agencies. 

• Work authorization documents:

• Authorization of residence, permission to stay

• Work visa 

• Study visa with work authorization 

• Temporary study permission with work authorization 

Singapore • Employees are required to present documentation that proves their identity and work eligibility. 

• Employers are required to review documentation presented by employees and to report employees’ 

information to government agencies. 

• Work authorization documents:

• Passport 

• Work permit or employment pass endorsed by the Ministry of Manpower 

Spain • Employers are required to check employees’ identity and work authorization documents at the time of hire 

and to report this information to the government. 

Switzerland • Foreign workers are required to register with their local commune within 8 days of entering the country. 

• Employers are required to report information on their employees to the local employment office and 

unemployment insurance office at the time of hire. 

Page 64 GAO-06-1055 Foreign Workers 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Country Employment verification process characteristics 

United Kingdom • Employers can establish a defense against conviction for employing an illegal worker by checking and 

copying certain original documents presented by potential new employees from one of two lists. 

• Examples of List 1 documents:

• United Kingdom passport 

• European Economic Area or Swiss passport or national identity card 

• Residence permit 

• Examples of List 2 documents:

• National insurance number document 

• Birth certificate

• Certificate of naturalization 

• Work permit 

Source: GAO analysis of country-reported data. 

Note: For more detailed information on programs in Australia, Belgium, Canada, France, Germany, 

Spain, Switzerland, and the United Kingdom, see appendixes III through X. 

Page 65 GAO-06-1055 Foreign Workers 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Table 11: Selected Information on Worksite Enforcement Efforts 

Country

Employer 

administrative or

civil monetary

penalties

Employer criminal 

monetary penalties 

and prison terms

Other employer 

penalties

Number of worksite 

enforcement 

actions

Penalties for 

unauthorized

foreign workers 

Argentina • Maximum of 50 

times the 

minimum wage 

• 1 to 10 years in

prison 

• Employer can be 

required to pay

investigation or court 

costs and unpaid taxes 

and social insurance 

contributions on

unauthorized foreign 

workers. 

• Employers’ assets are 

subject to seizure. 

• Employers’ worksites 

are subject to closure. 

• Employer can be 

prohibited from receipt of 

government contracts. 

• Not available Unauthorized foreign 

workers can be

subject to: 

• deportation, 

• prohibition on 

reentry to the 

country, and 

• ineligibility for 

temporary foreign 

worker programs. 

Australia • None • Individuals and

entities can be 

fined up to 

A$10,000 (about 

$7,500) for aiding 

and abetting the 

employment of

unauthorized 

foreign workers. 

• None reported • Identified about 

23,000 visa 

overstays in 

2004-2005 

Unauthorized foreign 

workers can be

subject to: 

• detention, 

• deportation, and

• requirements to

pay detention

costs. 

Austria • €1,000 to 

€50,000 (about

$1,300 to 

$62,900), 

depending on the 

number of 

unauthorized 

foreign workers

employed and 

the number of 

offenses 

• Maximum 

2 years 

in prison

Employers can be subject 

to: 

• prohibition on receiving 

work permits, 

• seizure of trade license, 

and 

• prohibition on receipt of 

government contracts. 

• Employers can be 

required to pay costs for 

• deporting unauthorized

foreign workers, 

• investigation or court 

costs, and 

• unpaid taxes or social 

insurance contributions. 

• Employers’ assets can 

be seized or their 

worksites closed. 

• Initiated about 

18,000 

investigations in

2005 

• Issued civil fines 

totaling €17 million 

(about $21.4 

million) in 2005

• Collected an

estimated €8 

million (about 

$10.1 million) in

civil fines in 2005 

Unauthorized foreign 

workers can be

subject to: 

• deportation, 

• prohibition on 

reentry to the 

country, 

• ineligibility for 

temporary foreign 

worker programs, 

and 

• payment of costs 

for deportation.

Page 66 GAO-06-1055 Foreign Workers 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Country

Employer 

administrative or

civil monetary

penalties

Employer criminal 

monetary penalties 

and prison terms

Other employer 

penalties

Number of worksite 

enforcement 

actions

Penalties for 

unauthorized

foreign workers 

Belgium • Minimum €3,750

($4,700) per 

unauthorized 

worker for 

workers without 

residence and 

work permits 

• Minimum €375 

($470) per 

unauthorized 

worker for 

workers with 

work permits 

• Minimum €15,000 

($18,800) per 

unauthorized 

worker for 

workers without 

residence and 

work permits 

• Minimum €1,700

($2,100) per 

unauthorized 

worker for 

workers with 

work permits 

• Employers who do not 

properly report 

employees’ information 

to the social security 

administration can be 

administratively fined 

from €750 to €3,750 

(about $940 to $4,700) 

and criminally fined from 

€2,500 to €12,500 (about 

$3,100 to $15,700) 

and/or receive prison 

sentences from 8 days 

to 1 year. 

• Conducted about 

6,000 employer

investigations in

2004 

• Filed 

approximately 

3,000 criminal 

charges against 

employers in 2004 

Unauthorized foreign 

workers can be

subject to: 

• detention, and

• deportation. 

Canada • None • Depending on the 

type of 

conviction, 

maximum 

C$50,000 

($43,800) or 

maximum 

C$10,000 

($8,800) 

• None reported • Not available Unauthorized 

workers can be

subject to: 

• deportation and

• detention. 

France • €3,110 ($3,900)

per unauthorized 

worker 

• Maximum 

€15,000 

($18,800) per 

offense 

• Employers can

be sentenced to 

a prison term of 

up to 6 years. 

• None reported • Imposed about

€2.7 million (about 

$3.4 million) in civil 

fines on employers 

in 2005 

Unauthorized 

workers can be

subject to: 

• deportation and

• detention. 

Germany • €5 to €500,000

total ($6 to 

$628,800) 

• Fines imposed on 

a daily basis 

ranging from 5 to 

360 days. Daily 

fine rates range

from €1 to €5,000 

per day ($1 to 

$6,300) 

• Prison terms of

up to 10 years 

Employers can be subject 

to: 

• exclusion from receipt of 

public contracts, 

• requirements to pay 

unauthorized foreign 

workers’ deportation 

costs, and 

• requirements to pay 

back taxes and social 

insurance contributions 

not initially paid for 

unauthorized foreign 

workers. 

• Initiated about 

78,000 employer 

investigations in

2005 

• Issued about €67 

million (about 

$84.2 million) in

employer civil fines 

Unauthorized 

workers can be

subject to: 

• deportation and

• prohibition on 

reentry to the 

country. 

Page 67 GAO-06-1055 Foreign Workers 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Country

Employer 

administrative or

civil monetary

penalties

Employer criminal 

monetary penalties 

and prison terms

Other employer 

penalties

Number of worksite 

enforcement 

actions

Penalties for 

unauthorized

foreign workers 

Netherlands • €4,000 to €8,000 

(about $5,000 to 

$10,100) per 

unauthorized 

worker 

• Employers can

be penalized 

criminally 

only after 

three convictions 

within a 2-year 

period. 

• Employers can be 

required to pay unpaid 

tax and social security 

contributions. 

• Initiated about 

8,600 

investigations in

2005 

• Issued about 2,200 

civil fines in 2005 

• Issued civil fine

amounts totaling 

between €13 

million and €20

million (about 

$16. 3 million to 

$25.1 million) in

2005 

Unauthorized 

workers can be

subject to 

deportation. 

New Zealand • Civil monetary 

fines (amounts

not specified) 

• Criminal 

monetary fines

(amounts not 

specified) 

• None reported • Not available Unauthorized foreign 

workers can be

subject to: 

• deportation 

• prohibition on 

reentry, and 

• prohibition on 

participation in 

foreign worker 

programs. 

Portugal • Civil monetary 

fines (amounts

not specified) 

• Maximum 3 years 

in prison

• None reported • Not available Unauthorized foreign 

workers can be

subject to: 

• civil and criminal 

monetary fines

ranging from €80 

to €700 (about 

$100 to $900), 

• detention up to 

48 hours, 

• deportation, and

• prohibition on 

reentry to the 

country for 

5 years (for 1 year 

if person leaves

voluntarily). 

Page 68 GAO-06-1055 Foreign Workers 
Appendix II: Information on ImmigrationRelated Programs in Selected Countries 

Country

Employer 

administrative or

civil monetary

penalties

Employer criminal 

monetary penalties 

and prison terms

Other employer 

penalties

Number of worksite 

enforcement 

actions

Penalties for 

unauthorized

foreign workers 

Singapore • None • Criminal fines 

equivalent to the 

value of an 

unauthorized 

foreign worker’s 

wages for 

2-4 years 

• Maximum 1 year 

in prison

• Employers could 

be subject to both 

of the above 

• Employers can be 

required to pay costs for 

deporting unauthorized

foreign workers. 

• Not available Unauthorized foreign 

workers can be

subject to: 

• criminal fines up

to S$5,000 (about 

$3,100), 

• detention for up to 

1 year, 

• deportation, 

• prohibition on 

reentry to the 

country, and 

• ineligibility for 

temporary foreign 

worker programs. 

Spain • €6,000 to 

€60,000 ($7,500

to $75,500) per

unauthorized 

worker 

• None reported • Not available • Not available • None reported

Switzerland • None • Maximum of SwF 

5,000 ($4,000) 

per unauthorized 

worker 

• Not available • Not available Unauthorized foreign 

workers can be

subject to: 

• criminal fines up

to SwF 10,000 

(about $8,000) 

and 

• prison sentences 

up to 6 months. 

United 

Kingdom 

• None • Unlimited amount 

with criminal 

conviction 

• Employer can be 

required to pay court 

costs. 

• Employer’s assets are 

subject to foreclosure or 

seizure. 

• Initiated about 

2,900 employer

investigations in

2005 

• Had 8 employer

criminal 

prosecutions in

2004 

Unauthorized 

workers can be

subject to: 

• deportation, 

• detention, 

• prohibition on 

reentry to the 

country. 

Source: GAO analysis of country-reported data. 

Note: Amounts in U.S. dollars are rounded, based on the exchange rate from July 25, 2006. For more 

detailed information on programs in Australia, Belgium, Canada, France, Germany, Spain, 

Switzerland, and the United Kingdom, see appendixes III through X.

Page 69 GAO-06-1055 Foreign Workers 
Appendix III: Informatio

Immi

n on Selected

gration-Related Programs in Australia 

Page 70 GAO-06-1055 Foreign Workers 

Appendix III: Information on Selected 

Immigration-Related Programs in Australia 

Immigrants can enter Australia for work purposes under various visa 

programs, including programs for employer-sponsored migrant workers, 

state or regional-sponsored workers, and skilled independent workers 

(e.g., foreign workers not sponsored by employers).1 Australia recruits 

high-skilled workers through, among other things, the use of promotional 

campaigns within specific industrial sectors or foreign countries to target

foreign workers with specific business or trade skills for positions in the 

country. Information on some of Australia’s primary employment-based 

visa programs is provided below. 

The Temporary Business-Standard Business Sponsorship is the most 

commonly used program for employers to sponsor foreign workers to 

work in Australia on a temporary basis. Employers pay a fee of 

A$270 (about $200) to apply for status as a sponsor, a A$55 (about $40) to 

apply to nominate skilled positions that they have been unable to fill, and a 

fee of A$185 (about $140) for the foreign worker to apply for a visa. 

Minimum skill and salary levels apply. Foreign workers who receive a visa 

under this program can legally work in Australia for the employer who 

sponsored them for a period of between 3 months and 4 years. These 

foreign workers can apply to bring family members with them and have no

restrictions on the number of times they travel in and out of Australia. 

Labor Agreements are formal arrangements between the Commonwealth 

Government and an employer or industry peak body that enable 

employers to recruit a number of workers from overseas in response to 

identified or emerging labor market shortages. Employees may come to 

Australia on either a temporary or a permanent basis. Advantages of 

Labour Agreements are that an employer may negotiate the entry of a 

number of people to fill a group of positions across a wide range of skilled 

occupations without having to test the domestic labor market each time it

Foreign Worker 

Admissions 

Employer-Sponsored 

Program 

Temporary Business–Standard 

Business Sponsorship 

Labor Agreements 

 1

Information presented in this appendix is based on data reported by government officials;

government documents, such as agency reports and manuals; and nongovernmental 

reports and studies, such as those from the International Labour Organization and the 

Organisation for Economic Co-operation and Development. It is not based on an

independent examination of Australian laws and regulations. The appendix provides an

overview of selected immigration policies in Australia as of July 2006. 
Appendix III: Information on Selected

Immigration-Related Programs in Australia 

wishes to recruit from overseas, and visa applications for overseas recruits 

receive priority processing. Agreements generally run for three years. They 

are negotiated free of charge and there is no nomination fee for permanent 

positions. Employers pay a A$55 (about $40) fee for each temporary 

nominated position and a fee of A$185 (about $140) for issuing the visa to

the foreign worker. Foreign workers admitted under a temporary visa can 

work in Australia for up to 4 years, bring family members, and travel in 

and out of Australia without restriction. Foreign workers admitted under a 

permanent visa can include family members in their visa applications. 

Family members receive permanent residence status on arrival in 

Australia and may be eligible for Australian citizenship after a qualifying

period. 

The Employer Nomination Scheme allows Australian employers to 

sponsor skilled migrants for a permanent visa to work in Australia. 

Nominations are acceptable if they are for permanent full-time positions 

and the occupation is listed on the Employer Nomination Scheme 

Occupation List. Nominees can be located either inside or outside of 

Australia, but must have the necessary skills and qualifications for the 

nominated positions. For foreign workers residing outside Australia, the 

employer is required to pay a A$350 (about $260) nomination fee and the 

nominee pays a A$1,340 (about $1,000) visa fee. For foreign workers 

residing in Australia, employers are required to pay a A$350 (about $260) 

nomination fee and the nominee pays a A$1,990 (about $1,500) visa fee. 

Foreign workers admitted under this program can include family members 

in their visa applications, and their family members can receive permanent

residence status. In addition, these foreign workers may be eligible for 

Australian citizenship after a qualifying period. 

Employer Nomination Scheme 

Regional, State, or 

Territory Visa Programs 

The Regional Sponsored Migration Scheme is designed to help employers 

in regional Australia fill skilled positions for which they are unable to find 

local workers. Under this scheme, employers can nominate skilled 

overseas workers who reside outside Australia or who reside in the 

country as temporary residents. For skilled overseas workers residing 

outside Australia, the employer is required to pay a A$1,340 (about $1,000)

fee to apply for a permanent visa, and for skilled overseas workers 

residing in Australia, employers are required to pay a fee of A$1,990 (about 

$1,500) to apply for a permanent visa. Skilled overseas workers admitted 

Regional Sponsored Migration 

Scheme 

Page 71 GAO-06-1055 Foreign Workers 
Appendix III: Information on Selected

Immigration-Related Programs in Australia 

under this program can include family members in their visa applications, 

and their family members can receive permanent residence status. In 

addition, these foreign workers may be eligible for Australian citizenship 

after a qualifying period.

This visa program allows skilled workers who are unable to meet the 

criteria for a permanent visa the opportunity to eventually apply for 

residence in Australia provided they are prepared to live for 2 years and 

work at least 12 months in a regional or low population growth 

metropolitan area in Australia. Successful applicants are initially granted a 

3-year visa to give them time to satisfy the residence and employment 

criteria for a permanent visa. Applicants must have the skills and 

qualifications that meet the Australian standard for an occupation on the 

Skilled Occupation List2

 and are one of the following: 

Independent Regional Visa 

• a person in Australia or outside Australia who is unable to meet the 

pass mark on the points test for a permanent Skilled - Independent 

visa, as discussed below, but who can meet the pass mark for this 

visa, which is slightly lower, or 

• a person who has a Skilled-Independent visa application which has 

been held at the pass mark and been invited to apply for this visa, or 

• a holder of a Working Holiday Maker visa who has been in Australia 

on that visa for at least 6 months, or 

• a holder of an Occupational Trainee visa who has completed the 

period of training for which the visa was granted. 

Applicants are required to pay a visa issuance fee of A$185 (about $140). 

Under this visa, foreign workers are allowed to reside in Australia for up 

to 3 years and must live and work in a regional or low-population growth 

area of Australia. Accompanying family members can also work and study

but must do so in a rural or low-population growth area of Australia. 

Under this visa program, participating state or territory governments can 

nominate skilled migration applicants who are interested in permanently 

settling in states and territories where their skills are in demand. To apply 

for this visa, applicants must nominate an occupation that is listed on 

Australia’s Skilled Occupation List and have their skills and qualifications 

assessed by the relevant assessing authority. Each state or territory 

government has its own skill shortage list and nominates applicants with 

State-Territory Nominated 

Independent Visa 

 2

 Occupations on this list include, among others, managers (e.g., human resources or

laboratory managers), engineers, medical practitioners, and teachers. 

Page 72 GAO-06-1055 Foreign Workers 
Appendix III: Information on Selected

Immigration-Related Programs in Australia 

skills in demand in their particular state or territory. Foreign workers are 

required to pay a fee of A$1,990 (about $1,500) for issuance of a permanent 

visa. Foreign workers admitted under this program can include family 

members, who can also receive permanent residence status, and may be

eligible for Australian citizenship after a qualifying period. 

Skill Matching Visa The Skill Matching visa is designed to link skilled migrants who do not 

meet the points requirement for the Skilled-Independent visa with 

employers or state and territory governments by placing the potential 

migrant’s details on the Skill Matching Database. Applicants of the Skill 

Matching Visa must be nominated by an employer or state/territory 

government for permanent migration to Australia. Applicants nominated 

for migration by a state or territory government for the Skill Matching visa

are required to pay a fee of A$1,940 (about $1,500) for issuance of a 

permanent visa. Applicants nominated by an employer under employersponsored migration are required to pay a fee of A$1,305 (about $980) for 

issuance of a permanent visa. Foreign workers admitted under this 

program can bring in family members, who can also receive permanent 

residence status, and may be eligible for Australian citizenship after a 

qualifying period. 

The Skill Matching Database contains the educational, employment, and 

work details of applicants for the following programs: the Skill Matching 

visa, the Skilled-Independent visa, the Skilled-Australian Sponsored visa, 

the Skilled-Independent Overseas Student visa, and the Skilled-Australian 

Sponsored Overseas Student visa. Applicants remain in the database for 

up to 2 years, or until they migrate to Australia. The database provides the 

opportunity for applicants to secure employment in Australia before they 

migrate. The database is accessed by state and territory governments and 

by employers who may then nominate an applicant for migration. The Skill

Matching database provides a means to match skilled migrants with 

Australia’s skill needs. Many applicants listed on the Skill Matching 

Database do not require formal sponsorship by an employer or 

state/territory government for their visa to be granted. Employers can 

contact these applicants directly and negotiate and offer of employment 

without involving the Australian Department of Immigration and 

Multicultural Affairs. Employers also have the option to offer sponsorship 

to all applicants on the database that have not had their visa granted or 

been sponsored by a state/territory government. Employer sponsorship 

expedites the visa application processing. 

Skill Matching Database 

Page 73 GAO-06-1055 Foreign Workers 
Appendix III: Information on Selected

Immigration-Related Programs in Australia 

Under these programs, foreign workers who are not sponsored by an 

employer and who have skills in particular occupations required in 

Australia, can apply to work in the country. Applicants must be over 

18 and under 45 years of age, have English language skills, and have recent 

skilled work experience. Applicants must also have skills and

qualifications for an occupation listed on Australia's Skilled Occupation 

List. 

Under this visa program, foreign workers can apply to work in Australia if 

they are under 45 years of age, have good English language skills, and 

skills and qualifications in an occupation required in Australia. The 

Australian government selects applicants based on a points test. Each 

occupation listed on the Skilled Occputation List is allocated a point value 

for use in the assessment process. Applicants must obtain a minimum 

amount of points to qualify for an independent visa to live and work in 

Australia. Applicants earn points for such things as skill, age, English 

language ability, specific work experience, an occupation in demand, a job 

offer, an intention to reside in regional Australia, and spouses’ skills. 

Applicants pay a fee of A$1,990 (about $1,500) to apply for a permanent 

visa. Foriegn workers admitted under this program can bring in family 

members, and their family members can receive permanent residence 

status. In addition, these foreign workers may be eligible for Australian 

citizenship after a qualifying period. 

The Working Holiday Maker and the Work and Holiday Programs allow 

foreigners aged 18-30 from specific countries to enter Australia for up to 

1 year for travel around the country. Visa holders under these programs 

are able to supplement their travel funds through incidental employment, 

however, the holiday should be the main reason for visiting Australia. 

During their time in the country, these individuals can earn money by 

working for up to 6 months with each employer. Visa holders should 

holiday for at least part of their stay rather than work for the full period of

their stay. Both visas allow a stay of up to 12 months, however, Working 

Holiday Makers who have done 3 months’ seasonal work in regional 

Australia while on their first Working Holiday Maker visa are able to apply 

for a second Working Holiday Maker visa. Work and Holiday visa holders 

are able to apply for a subsequent Work and Holiday visa with no 

requirement to do seasonal work. Visa holders under both programs are 

not permitted to bring dependents with them. There are no restrictions on 

their ability to travel in and out of Australia. There are additional 

requirements for Work and Holiday visa applicants, such as they must 

provide a letter of support from their government, hold a degree or 

Professionals and Other 

Skilled Migrants Programs 

Skilled–Independent Visa 

Working Holiday Maker 

and Work and Holiday 

Visas 

Page 74 GAO-06-1055 Foreign Workers 
Appendix III: Information on Selected

Immigration-Related Programs in Australia 

diploma, and provide proof of English proficiency. Working Holiday Maker 

visa applicants are required to pay a visa application fee of 

A$185 (about $140); Work and Holiday visa applicants are required to pay 

a visa application fee of A$175 (about $130). Australia manages its 

Working Holiday Maker Programs through reciprocal bilateral agreements

with selected countries.

In Australia, all employees must register with their local tax office and 

obtain a tax file number, which is used by employers to report employees’ 

income tax information. The government encourages employers to verify 

job applicants’ eligibility to work, by checking the applicants’ Australian 

passport, birth certificate, or certificate of citizenship. However, there is 

no requirement for employers to check or verify workers’ identity or 

immigration status. There are five types of documents that workers can 

present as evidence of work eligibility: 

Employment 

Verification Process 

• Australian birth certificate; 

• Australian citizenship certificate; 

• Australian passport; 

• evidence of permanent resident status; and 

• visa with entitlement to work. 

The Australian Department of Immigration and Multicultural Affairs 

provides various tools that employers can use to verify foreign workers’ 

authorization status. For example, the department provides a voluntary 

Web-based service to employers, called Entitlement Verification Online, 

through which employers can verify the identity and work eligibility of 

their employees. When employers request a confirmation of an employee’s 

authorization to work through the Web-based service, the system checks 

the employee’s information against information maintained in Australia’s 

central visa database, which contains information on visa-holders’ work 

authorization status. System users are required to enter the employee’s 

date of birth, passport number, and country of origin. The system returns a 

match when it matches an immigrant’s visa with the foreign country 

passport number of the immigrant in question. The system then provides

the user with a report on the conditions associated with the immigrant’s 

visa, including right to work. A match could indicate that the applicant has 

a right to work, that the applicant is lawfully present but under a visa 

condition that does not allow the individual to work, or that the applicant 

is unlawfully present and thus unable to legally obtain employment. 

In addition to the Web-based service, the department provides a faxback

entitlements service to employers to help employers verify employee’s 

Page 75 GAO-06-1055 Foreign Workers 
Appendix III: Information on Selected

Immigration-Related Programs in Australia 

work authorization. Under this service, employers provide employees’ 

information, such as name, passport number, and nationality, to the 

department. The department checks this information against information 

maintained in its databases and confirms the individual’s work 

authorization status with the employers. In 2003-2004, employers made 

about 36,000 information requests through the faxback service. 

Australia’s Department of Immigration and Multicultural Affairs is 

responsible for enforcing the country’s immigration laws, including laws 

that prohibit the employment of unauthorized workers. The department 

has about 4,000 staff responsible for enforcing laws related to nonhumanitarian entry and stay, refugee and humanitarian entry and stay, 

enforcement of immigration law, and asylum seeker management. 

Australia requires all individuals seeking to enter the country to possess a 

valid visa. Individuals may be denied entry at an Australia port of entry if 

they arrive without travel documents or a valid visa, or if they present 

documentation that is false but which they used for check-in at overseas 

airports. Individuals can also be denied entry if they hold valid visas, but 

immigration inspectors determine that they are not likely to abide by the

visa conditions. Reasons for which immigration inspectors may determine 

that individuals do not intend to abide by their visas include that 

individuals are found to have an intention to seek employment which is 

prohibited under their visas, information presented in support of their visa

applications is found to be false, and the reason the visa was issued no 

longer exists (e.g., the visa was issued on the basis that the visa-holder 

intended to travel to Australia for a specific event, but the date of the 

event has passed). The majority of individuals denied clearance at 

Australian ports of entry are returned within 72 hours. 

Enforcement of Laws 

That Prohibit 

Employment of 

Unauthorized Foreign 

Workers

Overstays are those non-citizens who do not depart by the expiration date 

of their temporary visa and remain in Australia unlawfully. Twice each

year in June and December, Australia’s Department of Immigration and 

Multicultural Affairs prepares an estimate of unlawful noncitizens—visa 

overstayers—in the country. A person who was unlawful for a period of 

time but departed or was granted a further visa and became lawful again 

prior to the estimate date is not included. At each estimate date, records 

are collected for all people who arrived in Australia, who have an expired 

visa, and whose records indicate they have not subsequently left Australia. 

The data are then filtered through various departmental systems to 

exclude persons who were actually lawful (for example, persons who have 

been granted citizenship). The remaining records are then sampled to 

Page 76 GAO-06-1055 Foreign Workers 
Appendix III: Information on Selected

Immigration-Related Programs in Australia 

check for any other lawful persons or persons who have actually left 

Australia and have not been identified during the initial filtering. The 

statistical corrections obtained through this process are then applied to 

the raw data, and the adjusted data are used to prepare the estimates. In of 

June 2006, there were estimated to be about 46,400 visa overstayers in the 

Australian community. 

In 2005-2006, Australian compliance officers found about 10,500 visa 

overstayers and persons who had otherwise violated their visa conditions

(e.g., violated no work right provisions). Persons found to have overstayed 

or otherwise violated their visa conditions are typically removed from the 

country or granted a bridging visa. Bridging visas allow foreigners whose 

visas have expired and have requested permission to extend their stay in 

Australia to remain in the country for a short, specified period of time 

during which the individuals must make arrangements to leave Australia 

or obtain a new visa authorizing them to remain in the country. An 

example of a case in which Australia may issue a bridging visa would be 

when a student accidentally overstays his or her visa, self-reports this 

overstay, but needs to remain in Australia for a few additional weeks to 

finish schoolwork and make arrangements to leave. 

Those individuals who are detained for overstaying or violating their visas 

are required to pay the costs for the time during which they were in 

detention before they can receive a visa to return to Australia. Australia 

maintains a list of individuals who were detained and have not yet repaid

the detention costs; immigration officers are not to issue visas to these 

individuals to enter Australia until they paid their detention costs. 

Australia does not currently have a system for sanctioning employers 

found to have employed unauthorized foreign workers, although proposed

legislation for doing so is before the Australian Parliament. However, any 

person or group that aids or abets unauthorized foreign workers in 

Australia can be fined up to A$10,000 (about $7,500). In addition, the 

Australian government can issue illegal worker warning notices to 

employers or labor suppliers who have employed unauthorized workers or 

referred unauthorized workers for employment. The warning notices alert 

employers to the fact that they have employed unauthorized workers and 

help to deter future breaches by advising employers of the possibility of 

future prosecution. In 2005-2006, Australia issued over 1,050 warning 

notices to employers and labor suppliers of unauthorized foreign workers. 

In the same period, the Department of Immigration and Multicultural 

Affairs located about 1,900 noncitizens who were found to be working 

illegally. 

Page 77 GAO-06-1055 Foreign Workers 
A

Immi

ppendix IV: Information on Selected

gration-Related Programs in Belgium 

Page 78 GAO-06-1055 Foreign Workers 

Appendix IV: Information on Selected 

Immigration-Related Programs in Belgium 

After World War II, labor shortages in Belgium led the government to 

conclude bilateral agreements to recruit foreign workers from countries 

such as Italy, Spain, Greece, Morocco, Turkey, and other countries.1

 The 

1973 oil crisis led Belgium to enact legislation controlling the entry of 

foreigners into the country to only allow people into the country with 

qualifications that were not available through the local labor pool. 

Foreign Worker 

Admissions 

In order to be able to work in Belgium, foreign workers, other than those 

from member states of the European Economic Area, generally are 

required to have a valid work permit.2

 These foreign workers also require a 

visa to stay in Belgium for longer than 3 months.3

 A foreigner entering 

Belgium for work purposes requires the following documents: a passport 

or other travel document that is valid for at least 1 year, a medical 

certificate by a Belgian embassy-recognized physician, a recent certificate

of good conduct covering 5 years, and an employment authorization 

document. A Belgium-based employer applies for the employment 

authorization on behalf of the foreign worker and a visa is issued to the 

foreign worker together with the work permit. 

Foreign workers can legally work in Belgium under three types of permits: 

A, B, and C. Work permit A covers all kinds of salaried employment in 

Belgium and is valid indefinitely. Employers are not required to apply for 

employment authorization for workers with work permit A. Rather, 

foreign workers apply for work permit A on their own through their 

regional employment office. Workers who are eligible for work permit A 

include those with a valid work permit B who have worked in Belgium for 

more than 4 years and those who have resided legally in Belgium for an 

uninterrupted period of at least 5 years. 

A work permit B is valid for employment by only one employer and has a 

maximum validity of 12 months, but can be renewed. A foreign worker is 

 1

 Information presented in this appendix is based on data reported by government officials;

government documents, such as agency reports and manuals; and nongovernmental 

reports and studies, such as those from the Organisation for Economic Co-operation and

Development. It is not based on an independent examination of Belgian laws and 

regulations. The appendix provides an overview of selected immigration policies in 

Belgium as of July 2006. 

2

 Member states of the European Union, Iceland, Liechtenstein, and Norway comprise the

European Economic Area. 

3

 Foreign nationals from Monaco and Switzerland also do not require a visa to stay in 

Belgium longer than 3 months. 
Appendix IV: Information on Selected

Immigration-Related Programs in Belgium 

eligible for a work permit B after an employer is issued an employment 

authorization for the worker. Prior to obtaining work authorization for a 

foreign worker, the employer must show that there are no workers 

available in Belgium to fill the vacant position. The foreign worker can 

obtain the work permit B from the local government office where the 

worker resides in Belgium or, if the worker is not yet resident in Belgium, 

from the worker’s employer upon the start of employment. Employers can 

apply to renew a work permit B for foreign workers 1 month before 

expiration of the work permit. In 2004, more than 4,300 type A and B work 

permits were issued to foreign workers.4

Under work permit C, foreigners already residing in Belgium for reasons 

other than work can apply to receive work authorization. These types of 

foreigners include asylum seekers, victims of trafficking, or a foreigner 

living with, but not married to, a Belgian citizen. These foreigners can 

apply for and receive a C permit, which allows them to work for any type

of employer, but before hiring them, the employer must check as to 

whether the foreigners’ residence permits are valid and must continue to 

check residence permit validity. The permits are only valid for as long as 

the individual’s residence permit is valid. 

Employers are required to electronically report information on new 

employees to the social security administration. This information includes 

the employees’ social security number and employment entry date. In 

addition, employers are required to check the residence and work permits 

of foreign workers to verify foreign workers’ authorization to work in 

Belgium. 

In 2003, the Belgian government introduced a new institutional framework 

for coordinating worksite enforcement efforts. The government 

introduced a federal committee to coordinate efforts to combat illegal 

labor practices, social fraud, and human trafficking. Each month, this 

committee plans worksite enforcement actions all over the country 

targeted against employers in specific industries, such as construction or 

restaurants, and coordinates the activities of various enforcement 

agencies in Belgium, including the Belgium labor inspectorate, police, and 

Employment 

Verification and 

Registration Process 

Enforcement of Laws 

That Prohibit 

Employment of 

Unauthorized Foreign 

Workers

 4

 Organisation for Economic Co-operation and Development, International Migration 

Outlook (Paris, France: 2006). 

Page 79 GAO-06-1055 Foreign Workers 
Appendix IV: Information on Selected

Immigration-Related Programs in Belgium 

other government agencies, in conducting the enforcement operations. 

These collective enforcement actions generally occur over a 3-day period

each month, and the government allocates about 1,100 inspectors for the 

enforcement actions, who also execute everyday individual actions against

nondeclared work or unauthorized workers. According to the Belgian

government, employers in the following sectors typically employ a 

significant number of unauthorized foreign workers: lodging, food service, 

cleaning service, farming, horticulture, textile, manufacturing,

meatpacking, and construction. 

In Belgium, employers can be subject to civil and criminal penalties for 

engaging in various illegal labor practices. Employers who do not properly 

report employees’ information to the social security administration can be

administratively fined from €750 to €3,750 (about $940 to $4,700) per 

worker. Employers can also be subject to criminal fines ranging from 

€2,500 to €12,500 (about $3,100 to $15,700) and/or prison sentences 

ranging from 8 days to 1 year. 

Employers can be subject to penalties for hiring unauthorized foreign 

workers. The minimum civil fine for hiring workers without residence and 

work permits is €3,750 (about $4,700) per worker, and the minimum 

criminal fine is €15,000 (about $18,800) per worker. The minimum civil 

fine for hiring foreign workers without work permits is €375 per worker 

(about $470), and the minimum criminal fine is €1,700 (about $2,100) per 

worker. 

In 2004, Belgium conducted about 6,000 employer investigations and filed 

approximately 3,000 criminal charges against employers for illegal labor 

practices. 

To help reduce undeclared work in the in-home cleaning sector, the 

Belgian government has established a program to subsidize in-home 

cleaning work completed by Belgian workers. Under this program, the 

federal government subsidizes private households’ use of Belgian cleaning 

persons who are registered with the government. The program allows 

formerly unemployed persons, such as former housewives, to register with 

a local agency. Households pay the agency for work completed by the 

registered worker, and the agency then pays the worker his or her wages, 

which are partially subsidized by the government. Since the program was 

established in 2002, approximately 25,000 cleaning persons have registered

to participate in the program. 

Subsidization of Legal 

Work

Page 80 GAO-06-1055 Foreign Workers 
Appendix IV: Information on Selected

Immigration-Related Programs in Belgium 

Belgium initiated a regularization program in 1973. Approximately 8,400 

unauthorized immigrants applied for the program, and about 88 percent of 

these applicants were granted a legal work permit. Subsequent to this 

large-scale regularization program, Belgium regularized long-term resident 

migrants and other unauthorized immigrants for humanitarian reasons on 

a case-by-case basis. 

Regularization Efforts

In 2000, Belgium implemented a large-scale regularization program. In 

order to be regularized, applicants had to have been in Belgium before 

October 1, 1999, and had to fulfill one of the following conditions: 

• asylum petition pending for a long period (4 years for individuals or 

3 years for families with minor children) without having been 

informed about the decision of their case, 

• inability to return to their country of origin for humanitarian 

reasons, 

• serious illness, or 

• residence in the country for 6 years without receiving an order to 

leave in the past 5 years. 

The application process lasted 3 weeks, and approximately 52,000 

individuals applied for regularization for themselves or their families. 

Page 81 GAO-06-1055 Foreign Workers 
A

Immi

ppendix V: Information on Selected 

gration-Related Programs in Canada 

Page 82 GAO-06-1055 Foreign Workers 

Appendix V: Information on Selected 

Immigration-Related Programs in Canada 

Canada uses various foreign worker programs to manage the admission of 

high-skilled, low-skilled, and seasonal foreign workers.1

 Canada’s 

temporary foreign worker programs are driven by labor market needs, and 

Canada does not use quotas to manage the number of temporary foreign 

worker admissions. Canada charges individual workers a C$150 (about 

$130) fee to apply for a work permit. 

Foreign Worker 

Admissions 

Canadian employers can choose to recruit and hire foreign workers from

any country. In doing so, employers submit an application for foreign 

workers to Human Resources and Skills Development Canada (HRSDC). 

Employers who apply to bring in foreign workers must prove to HRSDC 

that they made reasonable efforts to fill their positions with native 

Canadian workers. Reasonable efforts include running advertisements for 

the positions in newspapers, magazines, and trade journals for several 

weeks. When HRSDC is aware of a labor shortage in a particular industry, 

such as in the oil industry in Alberta, HRSDC may impose less of a 

requirement for employers to prove reasonable efforts to hire native 

workers, such as requiring employers to run advertisements for positions 

for a shorter time period. 

After receiving an employer’s application, HRSDC conducts a labor market 

assessment in which the agency considers the following factors: the 

existence of ongoing labor disputes in the industry or with the specific 

employer requesting the foreign workers; prevailing wages for the 

positions that employers request foreign workers to fill; labor conditions; 

benefits to the economy from the employment of foreign workers; and the 

possible transfer of skills between foreign and native workers. On the 

basis of consideration of these factors, HRSDC issues a positive or 

negative labor market assessment for the admission of foreign workers. A 

positive labor market assessment means that employers are approved to 

recruit foreign workers, while a negative labor market assessment means 

that employers are not approved for the recruitment of foreign workers. 

After HRSDC issues a positive opinion on a labor market assessment, data 

on this positive opinion are entered into HRSDC’s database. This database

shares information with Citizenship and Immigration Canada’s (CIC) 

 1

 Information presented in this appendix is based on data reported by government officials;

government documents, such as agency reports and manuals; and nongovernmental 

reports and studies, such as those from the International Organization for Migration. It is

not based on an independent examination of Canadian laws and regulations. The appendix 

provides an overview of selected immigration policies in Canada as of July 2006. 
Appendix V: Information on Selected 

Immigration-Related Programs in Canada 

database that CIC uses in Canadian missions in foreign countries. When 

foreign workers who have been accepted into a temporary foreign worker 

program visit the Canadian mission to obtain their work permits, CIC 

agents access the CIC database to check on the results of HRSDC’s labor 

market assessment and issue work permits for foreign workers in cases of 

a positive labor market assessment. 

In 2004, HRSDC received requests from about 30,000 employers for 

approximately 100,000 temporary foreign workers, for which HRSDC 

issued about 91,000 positive labor market assessments. About 55 percent 

of the temporary foreign workers admitted to Canada in 2004 were 

employed in skilled occupations, such as professionals, academics, and 

engineers. The other approximately 45 percent were employed in lowskilled occupations, such as live-in caregivers, construction, and 

agriculture as part of Canada’s seasonal agricultural worker program. 

Under the seasonal agricultural worker program, Canada admits workers 

from other countries to fill needed jobs in agriculture for a maximum of 

8 months. Canada’s seasonal agricultural worker program is managed 

through bilateral agreements with Mexico, Jamaica, Barbados, Trinidad 

and Tobago, and the Organization of Eastern Caribbean States. The 

majority of seasonal foreign workers come from Mexico and Jamaica and

typically return to Canada year after year through participation in the 

program. 

In addition to the seasonal agricultural worker program, Canada admits 

low-skilled workers for 12 months under a pilot project for hiring foreign 

workers in occupations that require a high school diploma or limited jobspecific training. Under this pilot program, employers can apply for 

foreign workers to fill jobs that require a high school diploma or a 

maximum of 2 years of job-specific training, such as restaurant servers, 

cleaners, retail salespersons, and heavy equipment operators. 

Among Canada’s temporary foreign worker programs, the live-in caregiver

program is the only program that provides foreign workers with a method

for changing their status to permanent residency. If live-in caregivers 

accumulate 2 years of experience in Canada within a 3-year time period, 

they can apply for permanent residency. 

Seasonal Agricultural 

Worker Program 

Low Skilled Foreign 

Worker Pilot Program 

Foreign Worker Change of 

Status 

Page 83 GAO-06-1055 Foreign Workers 
Appendix V: Information on Selected 

Immigration-Related Programs in Canada 

Provinces can also nominate temporary foreign workers for permanent 

residency status based on provincial labor market needs. The foreign 

workers must receive a permanent job offer from an employer before a

province can nominate the workers for permanent immigration 

consideration. According to Canadian government officials, provinces 

have nominated a few hundred foreign workers for permanent 

immigration status. 

Points-Based System Canada uses a points-based system to evaluate foreign workers’ 

applications for permanent skilled immigration to Canada. Generally, 

assessment of foreigners’ applications to immigrate to Canada is based on

a system that assigns points for age, education, work experience, intended 

employment, knowledge of Canadian languages, and adaptability. For 

details on the points awarded on the basis of specific factors, see table 12. 

Table 12: Canada Points-Based System

Factors for earning points 

Number of 

points awarded

Factor one: education Maximum 25

Master’s degree or Ph.D. and at least 17 years of full-time or full-time equivalent study. 25

Two or more university degrees at the bachelor’s level and at least 15 years of full-time or full-time 

equivalent study. 

22

A 3-year diploma, trade certificate or apprenticeship and at least 15 years of full-time or full-time equivalent 

study. 

22

A university degree of 2 years or more at the bachelor’s level and at least 14 years of full-time or full-time 

equivalent study. 

20

A 2-year diploma, trade certificate or apprenticeship and at least 14 years of full-time or full-time equivalent 

study. 

20

A 1-year university degree at the bachelor’s level and at least 13 years of full-time or full-time equivalent 

study. 

15

A 1-year diploma, trade certificate or apprenticeship and at least 13 years of full-time or full-time equivalent 

study. 

15

A 1-year diploma, trade certificate or apprenticeship and at least 12 years of full-time or full-time equivalent 

study. 

12

Completion of high school. 5

Factor two: official languages Maximum 24

First official language 

High proficiency (per ability): first official language 4

Moderate proficiency (per ability): First official language 2

Basic proficiency (per ability): First official language 1 to maximum of 2

Page 84 GAO-06-1055 Foreign Workers 
Appendix V: Information on Selected 

Immigration-Related Programs in Canada 

Factors for earning points 

Number of 

points awarded

No proficiency: First official language 0

Possible maximum (all 4 abilities): First official language 16

High proficiency (per ability): Second official language 2

Moderate proficiency (per ability): Second official language 2

Basic proficiency (per ability): Second official language 1 to maximum of 2

No proficiency: Second official language 0

Possible maximum (all 4 abilities): Second official language 8

Factor three: experience Maximum 21

1 year 15

2 years 17

3 years 19

4 years 21

Factor four: age Maximum 10

21 to 49 years at time of application 10

Less 2 points for each year over 49 or under 21 

Factor five: arranged employment in Canada Maximum 10

Permanent job offer that has been confirmed by HRSDC. 10

Issued after receipt of a confirmation of job offer from HRSDC; or 10

A temporary work permit that was exempted from the requirement of a confirmed job offer from HRSDC on 

the basis of an international agreement (e.g., North American Free Trade Agreement), a significant benefit to 

Canada (e.g., intracompany transfer) or public policy on Canada’s academic or economic competitiveness 

(e.g., postgraduate work). 

10

Factor six: adaptability Maximum 10

Spouse’s or common-law partner’s education 3 – 5

Minimum 1 year full-time authorized work in Canada 5

Minimum 2 years full-time authorized post-secondary study in Canada 5

Have received points under the Arranged Employment in Canada factor 5

Family relationship in Canada 5

Total Maximum 100

Current pass mark (as of July 2006) 67

Source: Citizenship and Immigration Canada.

Individuals with a score that is the same or higher than the pass mark may 

qualify to immigrate to Canada. Individuals with a score less than the pass 

mark are unlikely to qualify to immigrate to Canada as a skilled worker. In 

addition, applicants for skilled migration are required to meet minimum 

work experience requirements according to the Canadian National 

Occupation Classification, a system that describes the duties, skills, 

Page 85 GAO-06-1055 Foreign Workers 
Appendix V: Information on Selected 

Immigration-Related Programs in Canada 

aptitudes, and work settings typical of jobs in Canada. They are also 

required to prove that they have the funds to support their family in 

Canada, unless the applicants have prearranged employment in the 

country. 

In Canada, employers who employ unauthorized foreign workers can be 

subject to criminal penalties. These penalties include, depending on the 

type of conviction, a maximum fine of C$50,000 (about $43,800) and/or a 

maximum prison term of 2 years, or a maximum fine of C$10,000 (about

$8,800) or a maximum prison term of 6 months. According to Canadian 

government officials, Canadian law does not clearly set forth any 

administrative or civil penalties for employers who employ unauthorized 

foreign workers. Unauthorized workers can be subject to detention and

deportation.

The Royal Canadian Mounted Police is primarily responsible for 

investigating employers and issuing criminal sanctions against employers 

for hiring unauthorized foreign workers, but this responsibility is being 

transferred to the Canadian Border Services Agency. This agency has 

about 350 to 400 officers responsible for all of its inland enforcement 

functions, including for investigating unauthorized workers. 

In 1973, Canada implemented a regularization program. Applicants were 

required to have resided in the country before November 1972 and 

demonstrate a stable employment history and family ties in Canada. About 

50,000 individuals applied for the program, and approved applicants were 

granted long-term residence status. The Canadian government provided 

training to immigration agency staff for reviewing and processing 

applications, which helped limit some problems in the application review

process.

Enforcement of Laws 

that Prohibit 

Employment of 

Unauthorized Foreign 

Workers

Regularization Efforts

Page 86 GAO-06-1055 Foreign Workers 
A

Immi

ppendix VI: Information on Selected

gration-Related Programs in France 

Page 87 GAO-06-1055 Foreign Workers 

Appendix VI: Information on Selected 

Immigration-Related Programs in France 

After World War II, the French government introduced measures to attract 

foreign labor to regions and economic sectors with labor shortages.1

 In 

particular, France concluded bilateral agreements with numerous 

countries for managing labor migration to France. The first such 

agreement was signed with Italy in 1947 and was followed by agreements 

with Spain in 1956, Morocco in 1963, Portugal in 1964, and the former 

Yugoslavia in 1965. Other agreements were signed with Tunisia, Turkey,

and Algeria, among others. France also has bilateral agreements with 

Romania and other countries to facilitate unauthorized immigrants’ 

repatriation by stipulating that deported foreign workers will not be able

to secure a tourist visa enabling them to return to France for at least a few 

months after repatriation. In 1974, France instituted a ban on most forms 

of immigration in response to the economic downturn of that period and 

introduced employer sanctions to deter employers from hiring

unauthorized foreign workers. 

Foreign Worker 

Admissions 

All French work permit applications are processed by the local 

employment office, or Direction Departmentale du Travail, de l’Emploi et 

de la Formation Professionelle (DDTEFP). Temporary work permits can 

be issued to foreigners invited to work, for a period initially not to exceed 

1 year, performing a job which is temporary in nature (e.g., trainees, 

researchers and scientists, performers, workers assigned to a French 

subsidiary by a foreign “parent” company). Employers are required to 

submit their request for a temporary work permit to DDTEFP, which 

evaluates the current and future job situation, the employers’ compliance 

with labor regulations, the terms and conditions of employment and 

remuneration, and provisions for housing. 

For permanent foreign workers, only those employers who cannot find 

available, qualified workers within France may petition to bring in a 

permanent worker who is not a European Union (EU) national. DDTEFP 

reviews applications for permanent foreign workers on a case-by-case

basis, considering such factors as the job situation in the relevant 

professional and geographic area, the applicable conditions for applying 

regulations related to work, the conditions of employment and

 1

 Information presented in this appendix is based on data reported by government officials;

government documents, such as agency reports and manuals; and nongovernmental 

reports and studies, such as those from the Organisation for Economic Co-operation and

Development. It is not based on an independent examination of French laws and 

regulations. The appendix provides an overview of selected immigration policies in France 

as of July 2006. 
Appendix VI: Information on Selected

Immigration-Related Programs in France 

remuneration offered to the foreign worker, the steps taken to ensure 

workers’ housing, and the technological and commercial interest of the 

request. 

French residence permits are valid for 10 years and allow a foreigner to 

work in the country. To obtain a 10-year residence permit, foreigners must 

have been living in France for 5 years and demonstrate that they are well 

integrated into French society. Temporary permits are valid for 1 year and 

are given to foreigners who can prove family ties, as well as to certain 

types of workers, such as scientists, artists, and students, and to visitors. 

The French government has also taken steps to help better integrate 

immigrants, such as establishing a dialogue with immigrant organizations 

and providing scholarships for immigrants. 

In addition, French employers can apply to bring in foreign workers for 

seasonal employment from countries with which France has entered into 

an agreement—Tunisia, Morocco, and Poland. The maximum length of a 

seasonal contract for seasonal work generally cannot exceed 6 out of 

12 consecutive months. For Moroccan and Tunisian seasonal workers, the 

term of the employment agreement is set at a minimum of 4 months. Prior 

to receiving an assignment, Moroccan and Tunisian seasonal workers sign

a document at a national agency for foreigners and immigration, or Agence

Nationale de l’Accueil des Etrangers et des Migrations (ANAEM), mission 

agreeing to return to their countries upon expiration of their employment 

agreements and to appear at the mission office in their home country to 

record their return. 

All workers outside the EU or Switzerland must possess authorization to 

work in France, and employers are required to check these workers’ work 

authorization status. Employers are required to photocopy non-EU 

workers’ work permits and maintain a copy of the permit in each worker’s 

file. 

Employment 

Verification Process 

Employers are also required to file a declaration of hire with the French 

social security administration for each worker, regardless of the worker’s 

nationality. The declaration of hire contains the employee’s name, 

nationality, and date of hire. Employers file the declaration by fax or 

registered mail or over the Internet.

Page 88 GAO-06-1055 Foreign Workers 
Appendix VI: Information on Selected

Immigration-Related Programs in France 

In France, responsibility for enforcing laws that prohibit the employment 

of unauthorized foreign workers is coordinated among multiple agencies. 

French police, gendarmerie, labor, and customs officers are responsible 

for worksite enforcement efforts and work together to conduct worksite 

enforcement operations. When inspecting worksites, labor inspectors may 

compare information reported by employers to the French social security

administration with information in employers’ records to determine 

whether employers have properly registered their workers with the social

security administration and whether workers are authorized. 

At the local level, departmental boards to curb illegal employment, 

referred to as CODELTIs, are responsible for coordinating worksite 

enforcement efforts. These boards bring together relevant government 

services and agencies, consular chambers, and other social partners, and 

set guidelines for worksite enforcement actions. An operational committee 

for curbing illegal employment, or Comité Opérationnel de Lutte contre le

Travail Illégal (COLTI), is established from among the local boards’ 

members and is chaired by the chief prosecutor. At the national level, the

interministerial delegation for curbing illegal employment, or Délégation 

Interministérielle à la Lutte contre le Travail Illégal (DILTI), coordinates 

worksite enforcement efforts. 

In France, employers can be subject to civil and administrative penalties 

for employing unauthorized foreign workers. Employers can be fined 

administratively €3,110 ($3,900) per unauthorized worker and fined 

criminally a maximum of €15,000 ($18,800) per offense. Employers can 

also be sentenced to a maximum prison term of 5 years. In 2005, France

imposed about €2.7 million (about $3.4 million) in civil fines on employers. 

In addition to these fine amounts, the French government can require 

employers to pay costs for deporting unauthorized foreign workers. 

Moreover, the government can require employers to pay any previously 

unpaid wages to unauthorized foreign workers, and unauthorized foreign 

workers can sue employers for damages, such as for poor working 

conditions or abuse. 

France has undertaken several regularization programs. In 1981-1982, 

France undertook a large-scale regularization program under which 

unauthorized immigrants residing in the country before January 1, 1982, 

could apply for legal status. The French government approved about 

121,000 individuals for regularization. The program was intended to reduce 

employment in the underground economy and help integrate unauthorized 

Enforcement of Laws 

That Prohibit 

Employment of 

Unauthorized Foreign 

Workers

Regularization Efforts

Page 89 GAO-06-1055 Foreign Workers 
Appendix VI: Information on Selected

Immigration-Related Programs in France 

immigrants into the country. The French government modified program 

requirements to allow third parties to assist unauthorized foreign workers 

rather than relying solely on employers to do so as specified under initial 

program requirements. 

In 1997, France implemented a regularization program that provided the 

opportunity to obtain legal status for unauthorized immigrants who had 

continuously resided in the country for 7 years and had family ties in the 

country or who had resided in the country for 5 years, had family ties, and 

had documentation from an employer showing the employer’s intention to

hire. About 78,000 applicants were granted residence and work permits, 

and the majority of approved applications were based on family ties. 

Additionally, in 1998 France instituted a program for regularizing the 

status of unauthorized immigrants on a case-by-case basis. Under this 

program, unauthorized immigrants who have resided in France for a 

specified period of time can apply for regularization. The length of time 

required to obtain residency is 3 years for families with children, 15 years

for students, and 10 years for other applicants.

Page 90 GAO-06-1055 Foreign Workers 
A

Immi

ppendix VII: Information on Selected

gration-Related Programs in Germany 

Page 91 GAO-06-1055 Foreign Workers 

Appendix VII: Information on Selected 

Immigration-Related Programs in Germany 

During the 1950s and 1960s, Germany established bilateral agreements 

with various countries, including Italy, Spain, Greece, Turkey, and 

Morocco, for the admission of guest workers.1

 As a result, foreigners as a 

percentage of the German labor force increased from about 1 percent in 

1960 to about 12 percent in 1973. According to the German Interior 

Ministry, the original intent of these guest worker admissions was to limit 

the length of time foreign workers could stay in Germany. After the 

allotted time had run out, the foreign workers were supposed to return to 

their home countries to be replaced by new foreign workers. However, the 

Interior Ministry reported that starting in the late 1960s, a growing number 

of foreign workers stayed in Germany permanently. In 1973 Germany 

issued a ban on the recruitment of foreign workers, and the Interior 

Ministry noted that this ban may have acted as an incentive for temporary 

foreign workers to stay in Germany permanently because it made it 

impossible for workers to return to their home countries temporarily and 

then come back to Germany to work. 

Germany uses various foreign worker programs to admit high-skilled, lowskilled, and seasonal foreign workers. Highly skilled workers, such as 

senior academics, researchers, and top business managers, can obtain 

authorization to work in Germany without a requirement for employers to 

prove whether German workers are available to fill the positions. In 

addition, these highly skilled workers may be granted permanent 

residence upon arrival in Germany. Germany also admits skilled foreign 

workers in other occupations, including scientists, foreign language 

Foreign Worker 

Admissions 

German Guest Worker 

Programs 

Current Foreign Worker 

Programs 

High-Skilled Foreign Worker 

Admissions 

 1

 Information presented in this appendix is based on data reported by government officials;

government documents, such as agency reports and manuals; and nongovernmental 

reports and studies. It is not based on an independent examination of German laws and

regulations. The appendix provides an overview of selected immigration policies in 

Germany as of July 2006. 
Appendix VII: Information on Selected

Immigration-Related Programs in Germany 

teachers, specialty chefs, chaplains, artists, models, professional athletes, 

and trainers.

In 2000, Germany instituted a program for recruiting information 

technology specialists in which foreign specialists could reside and work 

in Germany for a 5-year period, after which they could apply for 

permanent residency and bring in family members if the specialists met a 

minimum salary requirement. 

Germany has a seasonal foreign worker program to recruit and admit 

foreign workers on a temporary basis to fill jobs in the agriculture 

(e.g., farming, forestry, and food processing), hospitality (e.g., hotels and 

catering), and carnival sectors. Seasonal work permits are issued for a 

maximum of 4 months to workers in agriculture and hospitality and for a 

maximum of 9 months to workers in the carnival sector. Under Germany’s 

seasonal worker program, foreign workers are required to return to their 

home countries after expiration of their work permits. These workers are 

also required to work only for the employers specified on their permits. 

Seasonal Foreign Worker 

Admissions 

In 2005 Germany admitted about 330,000 seasonal foreign workers. For 

2006, the German government reduced the number of seasonal foreign 

worker admissions to encourage the employment of unemployed German 

workers in the agriculture and hospitality sectors. For 2006, the German 

government guaranteed each employer in these sectors 80 percent of the 

number of work permits for foreign workers received in 2005. Employers 

could receive an additional 10 percent of the number of foreign worker 

permits received in 2005 after proving that no native German workers 

were available to fill needed jobs. The German government intended that 

employers fill remaining needed jobs with unemployed German workers. 

Employers can recruit and apply for seasonal foreign workers in two 

ways: (1) the employer identifies a specific foreign worker by name for his 

or her vacant position; or (2) the employer requests a foreign worker to fill 

a position through a local employment agency without specifying a 

particular foreign worker. The employer may specify the country from 

which he or she would like the foreign worker. Under this latter case, the 

local employment agency submits the employer’s application to the 

German Federal Employment Agency. The Federal Employment Agency 

then works with its counterpart in another country to identify a foreign 

worker from that country for the position. The Federal Employment 

Agency sends a job description from the employer to the other country, 

and the employment agency in the other country suggests a few workers 

for the position to the Federal Employment Agency. These suggestions are 

Page 92 GAO-06-1055 Foreign Workers 
Appendix VII: Information on Selected

Immigration-Related Programs in Germany 

then sent from the Federal Employment Agency to the employer, and the 

employer then decides which worker he or she wants to fill the position. 

After the foreign worker needed for a position is identified (either by the 

employer or the Federal Employment Agency), the worker picks up a copy

of the employment contract at his or her country’s employment agency. On

average, it takes about 6 weeks from the time that an employer submits an 

employment contract to the local employment agency to the time that the 

employer receives the foreign worker. 

To obtain a work permit for a foreign worker, an employer must pay a 

€60 (about $75) fee to the local employment agency and provide an

employment contract to the agency that guarantees the foreign worker will 

have a position upon the worker’s arrival in Germany. The employment 

contract specifies housing conditions for workers, agreed-upon wages, 

and any fees charged for food or housing. Employers usually pay or 

provide transportation costs for foreign workers to get from their home 

countries to the worksite. 

The local employment agency conducts a labor market test to determine 

whether there are German or European Union (EU) citizens who could fill 

the position. If there are no available German or EU citizens for the 

position, the position can be filled by a foreign worker. As part of the labor 

market test, the local employment agency publishes the employer’s job 

description on its Web site and may check with the EU placement office to

determine whether there are EU citizens available for the position. 

Germany has established bilateral agreements with countries to manage 

the admission of temporary foreign workers from those countries into 

Germany. These countries include Bulgaria, Croatia, Hungary, Latvia, 

Poland, Romania, Slovakia, and Turkey, among others. In 2003, Germany 

admitted approximately 44,000 foreign workers under these bilateral 

agreements. 

Low-Skilled Foreign Worker 

Admissions 

Germany admits foreign workers under other types of programs. For 

example, Germany annually admits between 3,000 and 6,000 young people 

from Central and Eastern European countries for a maximum of 

18 months under a worker training program. Germany also admits 

foreigners to work as au pairs on 1-year permits. 

In 2005, Germany established integration courses for foreigners admitted 

to Germany. The courses are financed by the German federal government 

and are available to all migrant groups. For some migrants, such as new 

arrivals from non-EU countries who have limited German knowledge, the 

Integration Courses 

Page 93 GAO-06-1055 Foreign Workers 
Appendix VII: Information on Selected

Immigration-Related Programs in Germany 

courses are mandatory, and the German government can cut social 

benefits to migrants who are required to participate in the courses but fail 

to do so. The courses comprise 630 hours, of which 600 hours are basic 

language training and 30 hours are an orientation to German history, 

culture, and the political system. 

In Germany, foreign workers are required to present identity and work 

eligibility documents, such as a passport or work permit to employers. 

Employers are required to check these documents to verify foreign 

workers’ authorization to work in Germany. For native German workers, 

employers are required to report workers’ information to the German 

government for the payment of taxes and social insurance contributions 

for the workers. 

The Department for the Financial Investigation of Clandestine Labor of the 

German Customs Authority is primarily responsible for enforcing laws that 

prohibit illegal labor practices, including the employment of unauthorized 

foreign workers in Germany. The department, which has about 7,000 staff 

members, checks whether employers have paid appropriate taxes and 

social insurance contributions on behalf of workers and have employed 

only authorized workers. Employers in the following sectors in Germany 

have traditionally employed a significant number of unauthorized foreign 

workers: construction, transportation, cleaning services, hotel, and 

restaurant businesses. 

Employment 

Verification and 

Registration Process 

Enforcement of Laws 

That Prohibit 

Employment of 

Unauthorized Foreign 

Workers

The Department for the Financial Investigation of Clandestine Labor of the 

German Customs Authority conducts inspections and investigations of 

worksites. During an inspection, customs officers check employment 

records for compliance with labor and social laws as well as the law to 

combat illegal labor practices. If suspicion arises during an inspection that 

the employer is engaged in illegal employment activities, the customs 

officers at the worksite can cease the inspection and initiate a criminal 

investigation of the worksite. During an investigation, which usually 

requires a warrant, customs officers interview workers and collect 

evidence to determine whether the employer has engaged in any criminal

or minor violations of labor and social laws. 

Employers can be subject to various administrative fines and criminal 

penalties for engaging in illegal labor practices. Employers can be fined 

for noncriminal violations of labor or social laws from €5 up to 

€500,000 (about $6 to $628,800) total for employing unauthorized foreign 

Page 94 GAO-06-1055 Foreign Workers 
Appendix VII: Information on Selected

Immigration-Related Programs in Germany 

workers. Criminal fine amounts are imposed on a daily basis ranging from 

a minimum of 5 days to a maximum of 360 days. German courts determine 

the daily rate of fine amounts, taking into account the personal and 

financial circumstances of each employer. In general, courts use the 

average net income of the employer as a starting point for determining fine 

amounts. The daily rate of fine amounts range from a minimum of €1 to a 

maximum of €5,000 (about $1 to $6,300). The German government can 

seize the assets of employers who do not pay the appropriate amount for 

social security contributions, taxes, or wages. Employers can be sentenced

to a prison term of up to 10 years for employing unauthorized foreign 

workers. In addition, employers who hire unauthorized foreign workers 

can be excluded from public contracts, be required to pay deportation 

costs for unauthorized foreign workers, and be required to pay back taxes 

and social security contributions that were not initially paid for the 

unauthorized foreign workers. 

Unauthorized foreign workers identified in Germany can also be subject to

various penalties. For example, administrative fines ranging from €5 up to 

€5,000 (about $6 to $6,300) can be imposed on unauthorized foreign 

workers. Unauthorized foreign workers can also be subject to criminal 

penalties. Criminal fine amounts are imposed on a daily basis ranging from 

a minimum of 5 days to a maximum of 360 days. The daily rate of fine 

amounts range from a minimum of €1 to a maximum of €5,000 (about $1 to

$6,300). Additionally, unauthorized foreign workers can be expelled from

Germany and prohibited from reentering the country. Table 13 provides 

data on the enforcement actions of the Department for the Financial 

Investigation of Clandestine Labor for 2003 through 2005. 

Page 95 GAO-06-1055 Foreign Workers 
Appendix VII: Information on Selected

Immigration-Related Programs in Germany 

Table 13: Data on the Department for the Financial Investigation of Clandestine Labor Enforcement Activities for 2003 through

2005 

Enforcement output 2003 2004 2005

Number of employer investigations initiated 33,000 105,000 78,000

Number of persons checked during worksite investigations 79,000 265,000 356,000

Number of completed pre-trial criminal investigations 9,800 56,900 81,300

Number of completed investigations that resulted in administrative offenses 1,200 49,900 53,9002

Total amount of administrative fines €5 million

($6.3 million)

€33 million

($41.5 million)

€67 million

($84.2 million)

Total value of assets confiscated for forfeiture €34million

($42.8 million)

€43 million

($54.1 million)

€13 million

($16.3 million)

Total financial damages detected through investigations €348 million

($337.6 million) 

€476 million

($598.5 million)

€563 million

($707.9 million)

Total amount of criminal fines (including compensation) from verdicts and 

penalty orders

€ 4million

($5.0 million)

€9 million

($11.3 million)

€21 million

($26.4 million)

Total amount of prison sentences 300 years 470 years 1,000 years

Source: Department for the Financial Investigation of Clandestine Labor data. 

Note: Data have been rounded. Amounts in U.S. dollars are rounded, based on the exchange rate 

from July 25, 2006. 

The German government has streamlined the hiring process and tax and 

social insurance payment procedures for certain types of jobs in Germany. 

Called mini jobs, these jobs are one for which workers earn less than 

€400 (about $500) per month. The goal of the mini jobs program is to 

provide incentives to employers so that they employ workers legally and

pay taxes and social insurance contributions for those workers. 

Efforts to Streamline 

Employment 

Processes 

Page 96 GAO-06-1055 Foreign Workers 
Appendix VIII: 

Immi

Information on Selected

gration-Related Programs in Spain 

Page 97 GAO-06-1055 Foreign Workers 

Appendix VIII: Information on Selected 

Immigration-Related Programs in Spain 

Spain has traditionally been a country of emigration rather than one of 

immigration.1

 Following World War II, many individuals left Spain to work 

in other European countries, but by the 1980s, Spain had started attracting

increasing numbers of immigrants. 

Foreign Worker 

Admissions 

Spain is organized into 17 autonomous communities, each with its own 

laws in addition to national level legislation, which has precedence. When 

Spain joined the European Union (EU) on January 1, 1986, citizens of 

other EU countries gained free access to the Spanish labor market and 

social services. Citizens of the 10 newest EU member countries that joined 

on May 1, 2004, must meet specific requirements to work in Spain for 

longer than 180 days, including the following: 

• the permit must be requested by the employer or company 

representative; 

• the worker must not be in an illegal situation in Spain when 

applying for the permit; 

• the permit will be restricted to a specific sector, work activity, and 

geographical area; and 

• the permit is valid for 1 year and may be renewed.

The potential employer must receive authorization from the Spanish 

government to employ a foreign worker before a work visa will be issued. 

Prior to arrival, the foreign worker must obtain the residence and work 

visa from the Spanish Consular Office in the worker’s home country. The 

initial residence permit has a validity of 1 month and may be renewed. 

Permanent residence permits are issued to those who have lived in Spain

for at least 5 consecutive years with a temporary resident permit. 

Spain also has 9-month seasonal work permits. Under this program, 

20,000-30,000 foreign workers are admitted per year, primarily in 

agriculture. Employers are required to provide housing and pay for travel 

for the foreign workers. Once a foreign worker has participated in the 

program for 3 years, participants are given preference to apply for a permit 

leading to permanent residence. 

 1

 Information presented in this appendix is based on data reported by government officials;

government documents, such as agency reports and manuals; and nongovernmental 

reports and studies, such as those from the International Labour Organization and the 

Organisation for Economic Co-operation and Development. It is not based on an

independent examination of Spanish laws and regulations. The appendix provides an 

overview of selected immigration policies in Spain as of July 2006. 
Appendix VIII: Information on Selected

Immigration-Related Programs in Spain 

Non-EU nationals who wish to live and work in Spain for more than 3 

months are required to register with a local police station and receive an 

Alien Registration Card within 1 month of entering the country. To receive 

the Alien Registration Card, a foreign national must show: 

• proof of identity, 

• receipt of fee payment, and 

• the appropriate visa, obtained prior to arrival in Spain, if applicable. 

Spain requires all inhabitants of a city or village to register by enrolling in 

the Municipal Register, which lists all residents. Both Spanish nationals 

and foreigners can register, irrespective of their legal status. To register, a 

person must provide a home address, as well as proof of residence, such 

as a tenancy agreement or gas, electricity, or telephone bills. Foreigners 

from outside the EU who have no permanent residence permit must renew 

their registration every 2 years. 

Employment 

Verification and the 

Enforcement of Laws 

That Prohibit 

Employment of 

Unauthorized Foreign 

Workers

Potential employees must present documents to employers to prove 

identity and work authorization at the time of hire. Employers are required

to check the documents and report employee identity and work 

authorization information to the Spanish government. Spain’s labor and 

social security inspectorate is responsible for investigating all potential 

worksite violations at the national level, which may include employment 

of unauthorized foreign workers, health and safety violations, and failure 

to make social insurance contributions. The inspectorate currently 

employs 800 inspectors and 850 deputy inspectors. Half of the labor 

inspectors work under the authority of the central government and are 

responsible for offenses related to social contributions and work by 

foreigners. The remaining inspectors work under the authority of the 

autonomous regions and are responsible for occupational health and 

safety and labor relations-related violations. 

The inspectorate targets its worksite enforcement actions using 

information generated from Spain’s regularization effort and comparing 

this information to the employer’s hiring records submitted to the Spanish

government. For example, an employer who requested regularization for a 

greater number of employees than were officially submitted by an 

employer would likely face an inspection. This was made possible because 

the database of regularization data was available to all the other agencies 

with responsibility for controlling illegal work, including the labor and 

social security inspectorate, as well as the tax collection agency and the 

ministries of justice, interior and foreign affairs. 

Page 98 GAO-06-1055 Foreign Workers 
Appendix VIII: Information on Selected

Immigration-Related Programs in Spain 

Spain sanctions employers for hiring unauthorized workers. If an 

unauthorized worker remains illegally employed for at least 1 year, the 

worker can denounce the employer and receive permanent resident status. 

Employers can be fined administratively from €6,000 to €60,000 (about 

$7,500 to about $75,500) per unauthorized worker. After inspectors 

uncover and record a violation, the process for assessing employer 

sanctions goes through two phases: (1) an administrative phase, and, in 

the case of employer appeals, (2) a court/judicial phase. An employer 

wishing to appeal the case, it must first pay the sanction in escrow to the 

central government’s tax agency. The employer then pays interest on the 

fine for the length of the appeal process. As a consequence of this process, 

government officials estimate the Spanish government collects an average 

of 80 percent of total sanctions imposed, but this varies among 

autonomous communities. 

Spain implemented a regularization program in 1985. Applicants were 

required to have an employment contract and to have been present in 

Spain before July 24, 1985. About 44,000 unauthorized immigrants applied 

for regularization. In 1991, the Spanish government held another 

regularization program for workers who had resided in Spain prior to May 

15, 1991, and to asylum seekers whose applications had been rejected or 

were under review. About 110,000 individuals were regularized. 

Regularization Efforts

In 1996, Spain implemented another regularization program for 

unauthorized immigrants. To be eligible, applicants needed to prove that 

they had been employed (without a permit) since January 1, 1996; had a 

working or residence permit issued after May 1986 (regardless of current 

employment status); or were a family member of an applicant. The 

program regularized about 21,000 unauthorized immigrants. 

Spain implemented a fourth large-scale regularization program in 2000. To

apply for the program, unauthorized immigrants had to prove that they 

had been in Spain before June 1, 1999, and had applied for or received a 

residence or work permit at some point. About 164,000 unauthorized 

immigrants were regularized under the 2000 program. Spain also 

implemented a regularization program in 2001. The 2001 program targeted

those who had been in Spain since January 23, 2001, and were employed 

or were family members of a foreign worker or Spanish citizen. The 

government issued about 235,000 permits under this program. 

Page 99 GAO-06-1055 Foreign Workers 
Appendix VIII: Information on Selected

Immigration-Related Programs in Spain 

Under the most recent regularization, in 2005, employers generally applied

for regularization on behalf of their unauthorized foreign workers. 

Unauthorized foreign workers were required to provide proof of 

registration with a local municipality in Spain before August 7, 2004, and 

had to be in Spain at the time of application. They were also required to 

have a work contract and a clean criminal record. In applying for their 

workers, employers were required to demonstrate that they were enrolled 

in and paying into the Spanish social insurance system, that they had no 

history of breaking immigration laws in the previous 12 months, and that 

they had not been sanctioned for violating the rights of workers or 

immigrants. Employers were also required to provide unauthorized foreign 

workers applying for regularization with a work contact for a minimum of 

6 months for most workers, a minimum of 3 months for agricultural 

workers, and a maximum of 12 months for construction and hotel 

workers. Work permits granted under the regularization program were 

valid for 1 year and are renewable indefinitely as long as the regularized 

immigrants maintain their employment. Some unauthorized foreign 

workers, such as those in part-time jobs or working for several employers, 

could directly apply to the Spanish government for regularization without 

applying through their employers. The Spanish government established a 

database for maintaining information on regularization applicants. About 

700,000 unauthorized foreign workers applied and qualified for the 

regularization program out of an estimated 800,000 workers projected to 

be eligible for program participation. The 700,000 unauthorized foreign 

workers who applied and qualified for the regularization program do not 

include the approximately 400,000 family members of those workers who 

qualified for regularization with the workers. As of February 2006, 

approximately 560,000 workers had paid the required social insurance 

contribution. In addition, Spain introduced enhanced enforcement 

measures in conjunction with the regularization program.

Page 100 GAO-06-1055 Foreign Workers 
A

Immi

ppendix IX: Information on Selected

gration-Related Programs in Switzerland 

Page 101 GAO-06-1055 Foreign Workers 

Appendix IX: Information on Selected 

Immigration-Related Programs in Switzerland

In 1948, Switzerland was one of the first European countries actively to 

recruit foreign workers by signing a bilateral agreement with Italy.1

Switzerland did not have public recruitment agencies for recruiting foreign 

workers. Rather, recruitment was organized by Swiss employers 

themselves. In 1963, Switzerland introduced a ceiling on the number of 

foreign workers each employer could admit. In 1970, the Swiss 

government introduced a global quota, which placed an upper limit on the 

number of new foreigners allowed to enter the country. 

Foreign Worker 

Admissions 

Current access to the Swiss labor market differs according to whether or 

not a worker is a European Union (EU) national. EU nationals have free

access to the Swiss labor market, as granted by an agreement between 

Switzerland and the EU, and this agreement will be extended to the 

10 newest members of the EU after a transitional period. Switzerland has 

implemented a national quota for both temporary and long-term workers 

from EU and non-EU countries, which limits the number of foreign 

workers admitted to Switzerland each year. In 2005, Switzerland set quotas

for EU workers of 115,000 and 15,000 for short-term and long-term 

workers, respectively, and set quotas for non-EU workers of 4,000 and 

5,000 for short-term and long-term workers, respectively. Quotas for 

nationals of the old 15 EU-member states will be abolished as of June 1, 

2007. In recruiting and admitting foreign workers, priority is granted to 

workers from EU member states, and there are restrictions on the 

admission of non-EU workers except for specialists and skilled workers. 

Any foreign national seeking admission to Switzerland for employment 

must first obtain a work and residence permit from the cantonal 

authorities, which is arranged by the prospective employer. Residence 

permits exceeding 4 months are, with some exceptions, subject to a quota

set by the Swiss Federal Council. Before granting a permit, the labor 

market authorities consider the economic situation and the labor market 

in the country, as well as other conditions governing paid work. For 

example, they must check to see whether the pay and working conditions 

are consistent with those prevailing locally in the industry concerned, and 

 1

 Information presented in this appendix is based on data reported by government officials;

government documents, such as agency reports and manuals; and nongovernmental 

reports and studies, such as those from the International Labour Organization, the 

Organisation for Economic Co-operation and Development, and the Law Library of 

Congress. It is not based on an independent examination of Swiss laws and regulations. 

The appendix provides an overview of selected immigration policies in Switzerland as of

July 2006. 
Appendix IX: Information on Selected

Immigration-Related Programs in Switzerland 

whether a resident worker or a citizen from the EU is able and willing to 

fill the vacancy under the same conditions. Exceptions may be made for 

an industry experiencing labor shortages in both the Swiss and European 

labor markets. 

There are currently four types of permits available to foreign workers. 

• Cross-border commuter permits are for gainful employment of 

people resident in neighboring countries. These permits are not 

subjected to quota. They are valid for 1 year and are renewable. 

• Short-term work and residence permits are granted to people from 

the EU who are offered employment of up to 364 days in the 

country; if their contract lasts longer than that they will be given a 

5-year EU annual permit. Should a contract after 364 days be 

renewed for another year, for example, a new EU short-time permit 

will be issued. Non EU-nationals can obtain a short-time permit that 

is valid for up to 12 months but can be extended up to 24 months 

only in specific instances. 

• Annual residence permits are issued to EU nationals to live and 

work in Switzerland for 5 years. After that time, EU nationals can 

receive a residence permit. For non-EU nationals, there are two 

types of annual permits—one that is temporary and one that is

indefinite. Authorities generally renew the temporary annual 

permits each year (subject to the employee still being employed), 

although a claim for renewal exists only in certain cases. Annual 

permits are subject to a quota only if, they are granted for the first 

time. Once foreigners have obtained an annual permit of either type, 

they are considered to be part of the domestic labor market. 

• Settlement permits are granted to people who have resided in 

Switzerland without interruption for 5 years for residents of 

European Economic Area (EEA) countries and the United States 

and for 10 years to all other nationals. 

Once a year, the Swiss government sets a quota for the following year. The 

quota is set by taking account of past experiences and the current 

economic and labor market situation. Part of the yearly quota for each

labor sector category remains with the federal government, though the 

bulk is at the discretion of the cantons. The quota for each canton is 

determined by a complex system, taking into account the population, 

industrial structure, and gross domestic product per capita. As a rule, the 

federal quota is mainly complementary to that of the cantons, for example,

in cases where the interests of several cantons are affected, such as the 

opening of a new large-scale factory.

Page 102 GAO-06-1055 Foreign Workers 
Appendix IX: Information on Selected

Immigration-Related Programs in Switzerland 

A new Foreigners Law passed the Swiss Parliament and will be voted upon 

by the Swiss population in September 2006. The present system for the 

admission to the Swiss labor market for non-EU nationals will be largely 

the same under the new law, but would provide foreign workers from nonEU countries with more rights after entry. The draft law also envisages 

allowing family reunification for temporary residents, which is not 

possible under the current system. To obtain an annual permit, 

consideration will be given to applicants’ characteristics that will help 

them integrate into the Swiss labor market: qualification, occupational 

adaptability, knowledge of languages, and age. How these criteria are 

interpreted and weighted, is likely to remain within the discretion of the 

cantonal authorities under the new law. However this will not affect 

qualified workers from outside the EU who enter the Swiss labor market 

for the first time since their qualification guarantees for sufficient 

integration. After 5 years, permit-holders have a legal claim to an 

extension, provided they have not committed any serious crimes and are 

not dependent on welfare services. After an additional 5 years, foreigners 

may claim a settlement permit, but not citizenship, which requires a 

minimum of 12 years residence in Switzerland. 

Foreign workers have 8 days after entering Switzerland in which to 

register with the authorities in their local commune. The commune then 

sends registration papers to the competent cantonal authority, which 

processes the application and issues the appropriate residence permit. 

Workers must show the following documents in order to register: 

Employment 

Verification and 

Registration Process 

• a valid identity card, 

• a certificate from a health insurance provider to prove that the 

worker is a member of a recognized health insurance scheme, 

• a passport photograph, 

• a registry office documents (e.g., family record book, marriage 

certificate, birth certificates of minor children), and 

• an employment contract or confirmation of enrollment at a 

university. 

For foreign workers from non-EU countries, employers are required to 

obtain confirmation about workers’ work permits, which are issued 

through the cantonal authorities after confirmation by the federal 

authority. After arriving in Switzerland, foreign workers contact their local

commune to obtain their permits. 

Page 103 GAO-06-1055 Foreign Workers 
Appendix IX: Information on Selected

Immigration-Related Programs in Switzerland 

Cantons in Switzerland are primarily responsible for enforcement of Swiss 

immigration law.2

 Among other things, the cantons are responsible for 

deporting unauthorized immigrants and investigating cases of illegal

residency and labor. The cantons’ police forces, immigration authorities, 

and labor authorities carry out these functions, and these bodies 

coordinate with one another, with the agencies of the other cantons, and

with the federal authorities. 

Enforcement of Laws 

That Prohibit 

Employment of 

Unauthorized Foreign 

Workers

Under current Swiss law, unauthorized immigrants can face criminal 

sanctions of up to 6 months imprisonment or a fine of up to SwF 10,000 

(about $8,000). In addition, the current law imposes sanctions on those 

who facilitate illegal immigration on a commercial scale or as a member of 

a criminal organization that engages in human trafficking. Such individuals

are punishable with up to 3 years’ imprisonment, a fine of up to SwF 

100,000 (about $79,800), or both. 

Under the proposed immigration reform legislation, the penalty for illegal 

entry and presence would be increased to a maximum of 1 year 

imprisonment or a fine of up to SwF 20,000 (about $16,000) for 

intentionally committed offenses, and a fine for negligent conduct. The 

proposed act would also provide more severe penalties for anyone 

engaged in human trafficking, either individually or in a group—up to 

5 years imprisonment or a fine of up to SwF 500,000 (about $399,000). 

Under current Swiss law, employers of unauthorized foreign workers are 

subject to a fine of up to SwF 5,000 (about $4,000) per intentionally 

employed unauthorized worker, in addition to a possible conviction for 

aiding and abetting illegal immigration. A fine of up to SwF 3,000 (about 

$2,400) is can be imposed for negligent conduct. However, Swiss courts 

have discretion to lower or raise these fines for. The Swiss government 

can, in some cases, require employers to pay fine amounts at the time of 

the worksite inspections. In 2003, the Swiss government issued 412 civil or

administrative fines and 42 criminal fines against employers for employing 

unauthorized workers. Under the proposed act, employers who employ 

persons who do not have visas that entitle them to work can face penalties 

of up to 1 year imprisonment (3 years imprisonment in aggravated cases) 

and a fine of up to SwF 500,000 (about $399,000). 

 2

 Subsequent information on Swiss enforcement efforts is based on information provided in

the Law Library of Congress, Immigration Law Sanctions and Enforcement in Selected

Foreign Countries (Washington, D.C.: April 2006). 

Page 104 GAO-06-1055 Foreign Workers 
Appendix IX: Information on Selected

Immigration-Related Programs in Switzerland 

In addition to violating immigration laws, employers who employ 

unauthorized immigrants as well as the unauthorized immigrants who 

work for them are likely to commit criminal violations of the social 

security law by not reporting employment and by not submitting 

contributions. Repeat offenders among employers may be barred from 

government contracts for 5 years and any subsidies that they receive may 

also be forfeited. The cantons that impose these measures are required to

publish lists of sanctioned employers. 

Page 105 GAO-06-1055 Foreign Workers 
A

Immi

Kingdom 

ppendix X: Information on Selected 

gration-Related Programs in the United

Page 106 GAO-06-1055 Foreign Workers 

Appendix X: Information on Selected 

Immigration-Related Programs in the United 

Kingdom 

The United Kingdom has various programs for admitting foreign workers.1

These programs include the Highly Skilled Migrant Programme, the 

Seasonal Agricultural Workers Scheme, the Sector-Based Scheme, and the 

Working Holidaymakers Scheme. However, the United Kingdom 

government generally plans to phase out these programs as it implements 

a points-based immigration system announced in March 2006. The United 

Kingdom charges employers a £153 (about $280) fee to apply for a work 

permit on behalf of each potential foreign worker. 

Under the Highly Skilled Migrant Programme, skilled migrants can be 

admitted to the United Kingdom for employment or self-employment. The 

program does not require migrants to have a preexisting job offer before 

entering the United Kingdom. Highly skilled migrants are initially granted a 

24-month permit for working in the United Kingdom. Near the end of the 

24-month period, highly skilled migrants can apply to extend their permit. 

In 2005, the United Kingdom admitted about 7,000 migrants under its 

Highly Skilled Migrant Programme. 

Under the Seasonal Agricultural Workers Scheme, foreign workers’ 

participation is limited to foreign students. These foreign workers are 

granted a maximum 6-month permit to work in the United Kingdom. These 

foreign workers are required to return to their home countries after 

expiration of their work permits and are not allowed to bring dependents 

with them to the United Kingdom. In 2006, the United Kingdom set a quota 

of 16,250 foreign workers for admission under the SAWS. 

Foreign Worker 

Admissions 

Highly Skilled Migrant 

Programme 

Seasonal Agricultural 

Workers Scheme (SAWS) 

To recruit foreign workers for the program, the United Kingdom 

government contracts with third party entities (the SAWS operators). The 

government allocates a certain number of work permits to each operator,

based on bids for work permits that the operators submit annually to the 

United Kingdom government. The operators recruit workers from other 

countries to fill the number of work permits issued to them and then place 

the workers with farms in the United Kingdom. The United Kingdom 

 1

 Information presented in this appendix is based on data reported by government officials;

government documents, such as agency reports and manuals; and nongovernmental 

reports and studies, such as those from the Organisation for Economic Co-operation and

Development. It is not based on an independent examination of United Kingdom laws and 

regulations. The appendix provides an overview of selected immigration policies in the 

United Kingdom as of July 2006. 
Appendix X: Information on Selected 

Immigration-Related Programs in the United

Kingdom 

recruits foreign students who are on vacation from their schools for 

seasonal agricultural work because these workers have an existing reason 

to return to their home countries. 

The United Kingdom introduced its Sector-Based Scheme in 2003 to 

address labor market shortages in the hospitality and food-processing 

sectors, although in 2005 the United Kingdom ended the program for the 

hospitality sector. In 2003, the United Kingdom government set a quota of

10,000 foreign workers to be admitted for each sector, according to 

government officials. In 2004-2005, the United Kingdom approved about 

12,300 foreign worker admissions under the Sector-Based Scheme. 

Under the Sector-Based Scheme, employers in the United Kingdom recruit 

foreign workers to fill job vacancies. Work permits issued under the 

program are valid for a maximum of 12 months, but if foreign workers 

return to and reside in their home countries for at least 2 months after 

expiration of the initial permit, the workers can apply for another 

12-month permit under the Sector-Based Scheme. Foreign workers 

admitted to the United Kingdom under the Sector-Based Scheme are not 

allowed to bring dependents with them. 

The Working Holidaymakers Scheme enables British Commonwealth2

nationals aged 17 to 30 to come to the United Kingdom for 2 years for a 

working holiday. The nationals are permitted to work to supplement their 

funds while in the United Kingdom, but must be able to support 

themselves without relying on welfare benefits. Working holidaymakers 

may work only for 12 months in total during their stay in the United 

Kingdom, and the 12 months work may be spread over the 2-year period of

stay, or taken in one block. In 2005, the United Kingdom admitted about 

62,000 foreigners under its Working Holidaymakers Scheme. 

Sector-Based Scheme 

Working Holidaymakers 

Scheme 

 2

 The current members of the Commonwealth are Antigua and Barbuda, Australia, the 

Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei, Canada, Cameroon, Cyprus,

Dominica, Fiji, the Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Kiribati, 

Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Mozambique, Namibia, Nauru, New

Zealand, Nigeria, Pakistan, Papua New Guinea, Saint Christopher and Nevis, Saint Lucia,

Saint Vincent and the Grenadines, Seychelles, Sierra Leone, Singapore, Solomon Islands, 

South Africa, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, 

Vanuatu, Western Samoa, Zambia, and Zimbabwe. 

Page 107 GAO-06-1055 Foreign Workers 
Appendix X: Information on Selected 

Immigration-Related Programs in the United

Kingdom 

In March 2006, the United Kingdom announced that a points-based system 

will be introduced for managing labor migration that will largely eliminate 

its other labor immigration schemes.3

 The new point-based system will use 

a 5-tier framework. 

Points-Based System 

• Tier 1: highly skilled individuals 

• Tier 2: skilled workers with a job offer to fill gaps in the labor force 

• Tier 3: limited numbers of low-skilled workers needed to fill specific 

temporary labor shortages 

• Tier 4: students 

• Tier 5: youth and temporary workers allowed to work in the United 

Kingdom for a limited period of time to satisfy primarily 

noneconomic objectives

Tier 1 is designed to bring into the United Kingdom those migrants with 

the very highest skills. These migrants do not need a job offer and will 

have unrestricted access to the labor market. A migrant who enters under 

Tier 1 will not need a sponsor under the new system. Tier 1 will replace 

the current Highly Skilled Migrant Programme, which already takes a 

points-based approach to assessing which migrants are granted entry to 

the United Kingdom. Under the points-based system, migrants seeking to 

enter the United Kingdom under Tier 1 will need to accumulate 75 points 

to be considered for admission. Table 14 provides information on the 

points system for Tier 1. 

 3

 Subsequent information on the United Kingdom’s points-based system is based on

information provided in Home Office, A Points-Based System: Making Migration Work for 

Britain (United Kingdom: 2006). 

Page 108 GAO-06-1055 Foreign Workers 
Appendix X: Information on Selected 

Immigration-Related Programs in the United

Kingdom 

Table 14: Tier 1 Points-Based System 

Qualifications/education Points

Bachelors degree 30 

Mater’s degree 35 

Doctorate 50 

Previous Earnings 

£16,000-£18,000 15 

£18,000-£20,000 10

£20,000-£23,000 15

£23,000-£26,000 20

£26,000-£29,000 25

£29,000-£32,000 30

£32,000-£35,000 35

£35,000-£40,000 40

Greater than £40,000 45 

Previous earnings or qualifications were gained in the UK 15 (bonus) 

Age

30 or 31 15 

28 or 29 10 

27 or under 20 

Source: United Kingdom Home Office

Tier 2 is for those skilled workers who have received a job offer from a 

United Kingdom employer. Applicants will need to have a job offer from 

an employer who is registered with the Home Office on a list of approved 

sponsors. In addition, the job will either need to be in an occupation that 

has been identified as one with a shortage by the United Kingdom 

government or will need to have accumulated a minimum of 50 points on 

the points test to demonstrate that the applicant is not displacing a worker 

in the domestic United Kingdom and European Union (EU) labor market 

(see table 15). In these cases, the migrant will need to meet additional 

skills and salary requirements. Employers who wish to bring migrants in 

under Tier 2 will act as their sponsor and issue certificates of sponsorship 

that will include the job title and salary. The certificate of sponsorship will

act as an assurance from the sponsor that the migrant intends and is able 

to do the job, that the salary is appropriate to the United Kingdom (i.e., the 

sponsor is not just trying to obtain cheap labor), that the job is at a 

Page 109 GAO-06-1055 Foreign Workers 
Appendix X: Information on Selected 

Immigration-Related Programs in the United

Kingdom 

specified skill level, and that the job has been advertised in the United 

Kingdom. For jobs not identified as ones with a shortage, points will be 

used to ensure that applicants have the appropriate combination of skills 

and prospective salary. Workers in Tier 2 will be able to change employers 

within the United Kingdom but will be reassessed against the points test 

and will be required to have a certificate of sponsorship from the new 

employer. Tier 2 provides foreign workers with a route to permanent 

settlement. Foreign workers who reside in the United Kingdom for a 

minimum of 5 years can qualify to apply for permanent residence. The

initial grant of permanent status will be linked to the length of the contract

up to a maximum period. Tier 2 migrants will be able to bring in

dependants and to switch into Tier 1 if they meet the points requirements 

for Tier 1. 

Table 15: Tier 2 Points-Based System 

Qualifications/education Points

National Vocational Qualification level 3 5

Bachelor’s degree 10

Master’s degree 10

Doctorate 15

Prospective earnings

£15,000-£18,000 5

£18,000-£19,500 10

£19,500–£21,000 15

Greater than £21,000 20

Other

Job offer in shortage occupation 50

Job offer passes resident labor market test 30

Intracompany transfer with 6 months’ previous employment with an employer in 

a skilled job and a salary appropriate to the United Kingdom 

50

Source: United Kingdom Home Office. 

The United Kingdom government plans to establish a scheme under Tier 3 

only in cases where there is an identified temporary labor market shortage 

that cannot be filled by workers in the United Kingdom or EU. Foreign 

workers would be admitted for a maximum of 12 months, would be 

prohibited from bringing their family members, and would be prohibited 

from switching to another tier under the points-based system. The United 

Kingdom has proposed to set up a quota-based low-skilled foreign worker 

scheme for countries with which the United Kingdom has arrangements 

Page 110 GAO-06-1055 Foreign Workers 
Appendix X: Information on Selected 

Immigration-Related Programs in the United

Kingdom 

for ensuring the return of temporary foreign workers to their home 

countries. The United Kingdom is considering options such as compulsory 

remittances, requiring open return tickets for foreign workers, and 

capturing biometric data on foreign workers to ensure their return. These 

schemes would be run by a contracted operator.

Under Tier 4, which would apply to foreign students seeking the 

opportunity to study in the United Kingdom, each student, before making 

an application, will be able to self-assess against a set of published criteria 

to see whether he or she will have sufficient points to be granted leave to 

enter or remain in the United Kingdom. These criteria will include a valid

certificate of sponsorship from an educational institution at which the 

student has been offered—and accepted—a place in a course of study. 

Tier 5 would apply to youth exchanges and other temporary foreign 

workers seeking employment in the United Kingdom. Under Tier 5 for 

youth exchanges, participating countries will need to agree to the terms of 

the scheme, including the existence of an effective return arrangement, an

acceptance that the foreign government will act as the sponsor, and 

country limits set according to immigration risk. The scheme will allow 

nationals aged 18 to 30, from participating countries, to come to the United 

Kingdom for up to 24 months, after which time they will have to leave the 

United Kingdom. In order not to undermine the rationale of the scheme, 

which is principally about people coming to the country for a holiday and 

doing incidental work to support themselves and not an avenue for 

economic migration, participants will generally be restricted to working 

for a maximum of 12 months out the total of 24 (as with the current 

Working Holidaymaker Scheme). Participants will not be allowed to be 

self-employed or play professional sports. In addition, those entering 

under the scheme will not be able to bring dependants and will be unable 

to switch to any other tier. These restrictions underline the temporary 

nature of the route. 

Temporary workers under Tier 5 are individuals who come to work in the 

United Kingdom for a limited period of time whom might not qualify under 

Tier 2, but who the United Kingdom wants to allow into the United 

Kingdom for cultural, charitable, religious or international development 

reasons or to satisfy the country’s obligations under certain international

treaties. Part of Tier 5 rationalizes a large number of existing routes into 

five sub-categories that will each have its own distinctive attributes and 

sponsorship arrangements: creative and sporting, voluntary, religious, 

exchange, and international agreement. In keeping with the temporary 

nature of the tier, the maximum period of leave that could be granted will

Page 111 GAO-06-1055 Foreign Workers 
Appendix X: Information on Selected 

Immigration-Related Programs in the United

Kingdom 

be 24 months (12 months in some cases) and switching into other tiers will 

not be permitted. Dependents will be allowed but will be entitled to work 

only if the principal is granted more than 12 months’ leave. 

It is a criminal offense for employers to employ someone subject to 

immigration control who has no right to work in the United Kingdom or no 

right to do the work being offered. Employers can establish an affirmative 

defense against conviction for employing an unauthorized worker by 

checking and copying certain original documents presented by potential

new employees. As shown in table 16, potential new employees can 

demonstrate their work authorization by providing one document from 

List 1 or two documents from the combinations in List 2. 

Employment 

Verification Process 

Page 112 GAO-06-1055 Foreign Workers 
Appendix X: Information on Selected 

Immigration-Related Programs in the United

Kingdom 

Table 16: Lists of Documents that Potential Employees Can Present to Show Work Authorization 

List 1 List 2 

First combination Second combination 

A United Kingdom passport describing the 

holder as a British citizen or as a citizen of 

the United Kingdom and Colonies and 

having the right of abode in the United

Kingdom. 

A document issued by a previous 

employer, Inland Revenue, the Department 

for Work and Pensions, Jobcentre Plus, the 

Employment Service, the Training and 

Employment Agency (Northern Ireland) or 

the Northern Ireland Social Security 

Agency which contains the National 

Insurance number of the person named in 

the document, and: 

A work permit or other approval to take 

employment issued by Work Permits UK, 

and: 

A passport containing a certificate of 

entitlement issued by, or on behalf of the 

Government of the United Kingdom, 

certifying that the holder has the right of 

abode in the United Kingdom. 

A birth certificate issued in the United 

Kingdom which specifies the names of the 

holder’s parents; or 

A passport or other travel document 

endorsed to show that the holder has 

current leave to enter or remain in the 

United Kingdom and is permitted to take 

the work permit employment in question; or 

A passport or national identity card, issued

by a State which is party to the European 

Economic Area Agreement, or any other 

agreement forming part of the Communities

Treaties which confers rights of entry to or 

residence in the United Kingdom, which 

describes the holder as a national of a state 

which is a party to that agreement. 

A birth certificate issued in the Channel 

Islands, the Isle of Man, or Ireland; or 

A letter issued by the Home Office to the 

holder confirming the same. 

A United Kingdom Residence Permit 

issued to a national of a State which is a 

party to the European Economic Area 

Agreement, or any other agreement 

forming part of the Communities Treaties 

which confirms that the holder has rights of 

entry to or residence in the United Kingdom 

A certificate of registration or naturalization 

as a British Citizen; or 

A passport or other travel document, or a 

residence permit issued by the Home

Office which is endorsed to show that the 

holder has a current right of residence in

the United Kingdom as the family member 

of a named national of a State which is a 

party to the European Economic Area 

Agreement, or any other agreement 

forming part of the Communities Treaties 

which confers rights of entry to or residence 

in the United Kingdom, and who is resident 

in the United Kingdom 

A letter issued by the Home Office, to the 

holder, which indicates that the person 

named in it has been granted indefinite 

leave to enter or remain in the United

Kingdom; or 

A passport or other travel document 

endorsed to show that the holder is exempt 

from immigration control, has indefinite 

leave to enter or to remain in the United

Kingdom, or has no time limit on their stay 

An Immigration Status Document issued by 

the Home Office to the holder, endorsed 

with a United Kingdom Residence Permit, 

which indicates that the holder has been 

granted indefinite leave to enter or remain 

in the United Kingdom; or 

Page 113 GAO-06-1055 Foreign Workers 
Appendix X: Information on Selected 

Immigration-Related Programs in the United

Kingdom 

List 1 List 2 

First combination Second combination 

A passport or other travel document 

endorsed to show that the holder has 

current leave to enter, or remain in, the 

United Kingdom and is permitted to take 

the employment in question, provided that it

does not require the issue of a work permit 

A letter issued by the Home Office, to the 

holder, which indicates that the person 

named in it has subsisting leave to enter or 

remain in the United Kingdom and is 

entitled to take the employment in question 

in the United Kingdom; or 

A registration card which indicates that the 

holder is entitled to take employment in the 

United Kingdom 

An Immigration Status Document issued by 

the Home Office to the holder endorsed 

with a UK Residence Permit, which 

indicates that the holder has been granted 

limited leave to enter or remain in the 

United Kingdom and is entitled to take to 

employment in question in the United 

Kingdom. 

Source: United Kingdom Home Office. 

In checking and copying the original documents presented by potential

employees, employers are required to check any photographs to ensure 

that they are consistent with the appearance of the potential employee, the 

dates of birth listed on the documents to ensure that they are consistent 

with the appearance of the potential employee, the expiration dates of 

employees’ documents, and any United Kingdom government stamps or 

endorsements to verify that the potential employee is able to do the type

of work being offered. 

In the United Kingdom, the Immigration and Nationality Directorate within 

the Home Office is primarily responsible for enforcing laws that prohibit 

the employment of unauthorized foreign workers. The Home Office 

reported initiating about 2,900 investigations of illegal work practices in 

2005 and about 1,600 investigations in 2004. Table 17 provides data on the 

number of prosecutions against employers for each year from 2000 

through 2004. 

Enforcement of Laws 

That Prohibit 

Employment of 

Unauthorized Foreign 

Workers

Table 17: Number of Employer Criminal Prosecutions for Each Year from 2000 

through 2004 

2000 2001 2002 2003 2004

Criminal prosecutions 4 1 1 1 8

Source: United Kingdom Home Office. 

Page 114 GAO-06-1055 Foreign Workers 
Appendix X: Information on Selected 

Immigration-Related Programs in the United

Kingdom 

In 2003, the United Kingdom Home Office detected about 1,800 

unauthorized workers at worksites and in 2004, about 3,300 unauthorized 

workers. Enforcement staff are primarily focused on the removal of failed

asylum seekers from the United Kingdom. 

The United Kingdom has not implemented any large-scale regularization

programs for foreigners working illegally in the country. However, in cases 

where individuals have resided unlawfully in the United Kingdom for a 

continuous period of 14 years or more, the individuals can apply to remain

in the country legally on a permanent basis. In addition, in 2003 the United 

Kingdom initiated a program under which individuals who applied for 

asylum before October 2000 and had a dependent residing with them in 

the country between October 2000 and October 2003 could apply for legal 

status for themselves and their dependents. 

Regularization Efforts

Page 115 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 116 GAO-06-1055 Foreign Workers 

Appendix XI: Foreign Country 

Questionnaires 
Appendix XI: Foreign Country Questionnaires

Page 117 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 118 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 119 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 120 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 121 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 122 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 123 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 124 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 125 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 126 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 127 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 128 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 129 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 130 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 131 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 132 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 133 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 134 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 135 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 136 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 137 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 138 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 139 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 140 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 141 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 142 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 143 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 144 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 145 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 146 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 147 GAO-06-1055 Foreign Workers 
Appendix XI: Foreign Country Questionnaires

Page 148 GAO-06-1055 Foreign Workers 
Appendix XII: Acknowledgement of 

Government and Other Entities’ Assistance 

Page 149 GAO-06-1055 Foreign Workers 

Appendix XII: Acknowledgement of 

Government and Other Entities’ Assistance 

We would like to acknowledge the time and effort made by government 

agencies and other groups and individuals who provided information by 

responding to questionnaires and who talked with us during site visits. We 

would like to thank governmental and nongovernmental entities and 

individuals in the following countries: 

Argentina 

Australia 

Austria 

Belgium 

Canada 

France 

Germany 

the Netherlands 

New Zealand 

Portugal 

Singapore 

Spain 

Switzerland 

United Kingdom 

United States

We would also like to thank representatives from the following 

intergovernmental organizations: 

European Union 

International Labour Organization 

International Organization for Migration 

Organisation for Economic Co-operation and Development 

United Nations High Commissioner for Human Rights 

United Nations High Commissioner for Refugees

Intergovernmental Consultations on Asylum, Refugee, and Migration 

 Policies 

In addition, we would like to thank the following experts: 

Bridget Anderson, Senior Researcher and Research Program Head, 

 Centre on Migration, Policy and Society, Oxford University 

Joaquin Arango, Professor, Instituto Universitario Ortega y Gasset 

Tanya Basok, Director, Centre for Studies in Social Justice, 

 University of Windsor 

Holger Bonin, Senior Research Associate, Institute for the Study of Labor

Amelie Constant, Senior Research Associate and Deputy Program Director 
Appendix XII: Acknowledgement of 

Government and Other Entities’ Assistance 

 for Migration, Institute for the Study of Labor

Christian Dustmann, Professor, Department of Economics, 

 University College London 

Andrew Geddes, Professor, University of Sheffield 

Holger Hinte, Expert on German Migration Politics, co-author of several 

 migration studies, Institute for the Study of Labor 

B. Lindsay Lowell, Director of Policy Studies, Institute for the Study of 

 International Migration, Georgetown University 

Susan Martin, Donald G. Herzberg Chair in International Migration and 

 Director, Institute for the Study of International Migration, 

 Georgetown University 

Doris Meissner, Senior Fellow, Migration Policy Institute 

Mark J. Miller, Emma Smith Morris Professor of Political Science and 

 International Relations, University of Delaware 

John Salt, Department of Geography, University College London 

Martin Ruhs, Senior Researcher, Centre on Migration, Policy and Society, 

 Oxford University 

Andrew Schoenholtz, Deputy Director, Institute for the Study of 

 International Migration, Georgetown University 

Sam Scott, Geography Lecturer, University of Sheffield 

Claude-Valentin Marie, Vice-président de la Haute Autorité de Lutte contre 

 les Discriminations et pour l'Egalité 

Catherine Wihtol de Wenden, Director of Research, Centre national de la

 recherche scientifique/Centre d'études et de recherches internationals, 

 Institut d'Etudes Politiques de Paris 

Klaus F. Zimmermann, President, German Institute for Economic 

 Research and Director of the Institute for the Study of Labor 

Page 150 GAO-06-1055 Foreign Workers 
Appendix XIII: 

A

GAO Contact and Staff 

cknowledgments 

Page 151 GAO-06-1055 Foreign Workers 

Appendix XIII: GAO Contact and Staff 

Acknowledgments 

Richard M. Stana (202) 512-8777 

In addition to the contact named above, Frances Cook, Michelle Cooper, 

Katherine Davis, Rebecca Gambler, Alison Martin, Amanda Miller, 

Jason Pogacnik, and Robert E. White made key contributions to 

this report. 

GAO Contact 

Staff 

Acknowledgments 
Bibliography Bibliography 

Commission of the European Communities. Communication from the 

Commission to the Council, the European Parliament, the European 

Economic and Social Committee and the Committee of the Regions: 

Study on the Links between Legal and Illegal Migration. Brussels, 

Belgium: June 4, 2004. 

Commission of the European Communities. Report on the Functioning of 

the Transitional Arrangements set out in the 2003 Accession Treaty. 

Brussels, Belgium: 2006.

Congressional Research Service. Impact of Illegal Immigration and 

Background on Legalization: Programs of Other Countries. Washington,

D.C.: November 1985. 

Department of Immigration and Multicultural and Indigenous Affairs, 

2004-05 Annual Report. Canberra, Australia: 2005. 

Department of Immigration and Multicultural and Indigenous Affairs. 

Managing the Border: Immigration Compliance. 2003-04 edition. 

Canberra, Australia: 2005. 

GAO. Immigration Enforcement: Benefits and Limitations to Using 

Earnings Data to Identify Unauthorized Work. GAO-06-814R. 

Washington, D.C.: July 11, 2006. 

GAO. Immigration Enforcement: Weaknesses Hinder Employment 

Verification and Worksite Enforcement Efforts. GAO-05-813. Washington, 

D.C.: August 31, 2005. 

GAO. Overstay Tracking: A Key Component of Homeland Security and a 

Layered Defense. GAO-04-82. Washington: D.C., May 21, 2004. 

Global Commission on International Migration. Migration in an 

Interconnected World: New Directions for Action. Switzerland: 

October 2005. 

International Labour Office. Towards a Fair Deal for Migrant Workers in 

the Global Economy. Geneva, Switzerland: 2004.

International Organization for Migration. Managing the Movement of 

People: What Can Be Learned for Mode 4 of the GATS. Geneva, 

Switzerland: 2005. 

Page 152 GAO-06-1055 Foreign Workers 
Bibliography 

International Organization for Migration. World Migration 2005: Costs 

and Benefits of International Migration. Geneva, Switzerland: 2005. 

Kuptsch, Christiane, ed. Merchants of Labour. International Institute for 

Labor Studies. France: 2006. 

Kuptsch, Christiane, and Pang Eng Fong, eds. Competing for Global 

Talent. International Institute for Labor Studies. France: 2006.

Law Library of Congress. Immigration Law Sanctions and Enforcement 

in Selected Foreign Countries. Washington, D.C.: April 2006. 

Levinson, Amanda. The Regularization of Unauthorized Migrants: 

Literature Survey and Country Case Studies. Centre on Migration, Policy 

and Society. Oxford, United Kingdom: 2005. 

Marie, Claude-Valentin. Preventing Illegal Immigration: Juggling 

Economic Imperatives, Political Risks and Individual Rights.

Strasbourg, France: January 2004. 

Martin, Philip, and Mark Miller. Employer Sanctions: French, German 

and US Experiences. Geneva, Switzerland: 2000.

Meissner, Doris, Demetrios Papademetriou, and David North. Legalization 

of Undocumented Aliens: Lessons from Other Countries.

National Academy of Sciences. New Americans: Economic, Demographic, 

and Fiscal Effects of Immigration. 2003. 

Niessen, Jan, and Yongmi Schibel. EU and US Approaches to the 

Management of Immigration: Comparative Perspectives. Migration 

Policy Group. Brussels, Belgium: May 2003. 

Organisation for Economic Co-operation and Development. Combating 

the Illegal Employment of Foreign Workers. Paris, France: 2000. 

Organisation for Economic Co-operation and Development. International 

Migration Outlook. Paris, France: 2006. 

Organisation for Economic Co-operation and Development. Migration for 

Employment: Bilateral Agreements at a Crossroads. Paris, France: 2004.

Page 153 GAO-06-1055 Foreign Workers 
Bibliography 

Organisation for Economic Co-operation and Development. Trends in 

International Migration. Paris, France: 2005. 

Organization for Security and Co-operation in Europe, International 

Organization for Migration, and International Labour Office. Handbook on

Establishing Effective Labour Migration Policies in Countries of Origin

and Destination, 2006. 

Papademetriou, Demetrios. The “Regularization” Option in Managing 

Illegal Migration More Effectively: A Comparative Perspective. Migration 

Policy Institute. Washington, D.C.: September 2005. 

Papadopoulou, Aspasia. Regularization Programmes: An Effective 

Instrument of Migration Policy? Geneva, Switzerland: 2005.

Passel, Jeffrey S. The Size and Characteristics of the Unauthorized 

Migrant Population in the U.S. Pew Hispanic Center. Washington, D.C.: 

March 7, 2006. 

Policy Briefs and Recommendations. The Greek Presidency Conference 

on Managing Migration for the Benefit of Europe. Athens, Greece: May 

15-16, 2003.

Ruhs, Martin. Temporary Foreign Workers Programmes: Policies, 

Adverse Consequences, and the Need to Make Them Work. Center for 

Comparative Immigration Studies. San Diego, CA: June 2002.

Ruhs, Martin. The Potential of Temporary Migration Programmes in 

Future International Migration Policy. Global Commission on 

International Migration. September 2005. 

Schneider, Friedrich. and Robert Klinglmair. Shadow Economies around 

the World: What Do We Know? Linz-Auhof, Austria: April 2004. 

United Kingdom Home Office. A Points-Based System: Making Migration 

Work for Britain. United Kingdom: 2006. 

U.S. Commission on Immigration Reform. Becoming an American: 

Immigration and Immigrant Policy. Washington, D.C.: 1997. 

(440452) Page 154 GAO-06-1055 Foreign Workers 
GAO’s Mission The Government Accountability Office, the audit, evaluation and 

investigative arm of Congress, exists to support Congress in meeting its 

constitutional responsibilities and to help improve the performance and 

accountability of the federal government for the American people. GAO 

examines the use of public funds; evaluates federal programs and policies; 

and provides analyses, recommendations, and other assistance to help

Congress make informed oversight, policy, and funding decisions. GAO’s 

commitment to good government is reflected in its core values of 

accountability, integrity, and reliability. 

The fastest and easiest way to obtain copies of GAO documents at no cost

is through GAO’s Web site (www.gao.gov). Each weekday, GAO posts 

newly released reports, testimony, and correspondence on its Web site. To

have GAO e-mail you a list of newly posted products every afternoon, go 

to www.gao.gov and select “Subscribe to Updates.” 

The first copy of each printed report is free. Additional copies are $2 each. 

A check or money order should be made out to the Superintendent of 

Documents. GAO also accepts VISA and Mastercard. Orders for 100 or 

more copies mailed to a single address are discounted 25 percent. Orders 

should be sent to: 

U.S. Government Accountability Office 

441 G Street NW, Room LM 

Washington, D.C. 20548 

To order by Phone: Voice: (202) 512-6000 

TDD: (202) 512-2537 

Fax: (202) 512-6061 

Contact: 

Web site: www.gao.gov/fraudnet/fraudnet.htm

E-mail: fraudnet@gao.gov

Automated answering system: (800) 424-5454 or (202) 512-7470 

Gloria Jarmon, Managing Director, JarmonG@gao.gov (202) 512-4400 

U.S. Government Accountability Office, 441 G Street NW, Room 7125 

Washington, D.C. 20548 

Paul Anderson, Managing Director, AndersonP1@gao.gov (202) 512-4800

U.S. Government Accountability Office, 441 G Street NW, Room 7149 

Washington, D.C. 20548 

Obtaining Copies of 

GAO Reports and 

Testimony

Order by Mail or Phone 

To Report Fraud,

Waste, and Abuse in 

Federal Programs 

Congressional 

Relations 

Public Affairs 

PRINTED ON RECYCLED PAPER