Wouldn’t profit-motivated companies have an incentive to give visas to workers and short-circuit the background checks?
Most certainly private companies would have a very strong incentive to issue the guest worker visas. It is the profit motive that encourages activity in the private sector. That’s why illegals would return home to apply. That same profit motive encourages speed, accuracy, and efficiency. It also discourages cheating, because the threat of losing one’s license to do business is a strong motive to play by the rules. Very few gun shops sell firearms illegally (without the background checks), because they are not allowed to stay in business if they do so. Requiring all smart cards to include the name of the issuing company would provide government the ability to enforce its licensing rules.