U.S. Homeland Security Investigations arrested two individuals Friday morning at A&A Enterprise, a manpower, construction, and ground maintenance services company in Gualo Rai.
A man is seen in handcuffs as federal agents execute an arrest warrant at a manpower agency in Gualo Rai Friday morning.
Alejandro Tumandao Nario and Mylene Basco Casupanan are expected to appear before Chief Judge Ramona V. Manglona of the District Court for the NMI on Monday for an initial appearance hearing.
Nario is being accused of petitioning CW-1 visas for non-existing employment to foreign nationals, and requiring them to pay “routine taxes.”
Nario was charged with one count of fraud and misuse of visas and permits.
Nario is the owner, president and manager of A&A Enterprises, a manpower agency, which contracts with other local businesses or individuals, to provide labor employees, such as gas station attendants, kitchen staff, groundskeepers and housekeepers.
As for Casupanan, she is charged separately with one count of conspiracy to defraud the U.S.
According to the indictment, Casupanan conspired with Nario to defraud the U.S. in filing CW-1 petitions to U.S. Citizenship and Immigration Services.
“It was part of the conspiracy that A&A Enterprises would, in exchange for money, submit a petition for CW-1 visas that would falsely and fraudulently represent that a full-time employer-employee relationship would exist between A&A Enterprises and the beneficiaries under the employment terms set forth in the petition.”
The indictment against Nario stated that “between or about Jan. 1, 2019, and continuing through or about Feb. 1, 2021, defendant knowingly caused to be sent, via a private or commercial interstate carrier, namely FedEx, I-129CW petitions on behalf of foreign citizen beneficiaries to the USCIS California Service Center in Laguna Niguel, California. The I-129CW petitions included a contract of employment for these foreign citizens specifying the terms, hours and wages to be paid to them when, in fact, defendant did not intend to provide employment for these foreign citizens during their visa term in the United States.”
The indictment also stated, “After these foreign citizens were granted a CW-1 visa and entered the United States under false premises, defendant, and others known and unknown, acting on defendant’s behalf, required the foreign citizens to pay a routine tax of $194 every two weeks to A&A Enterprises. Defendant and his confederates demanded these foreign citizens pay this tax, despite A&A Enterprises’ failure to provide employment as outlined in I-129CW petitions, and if no tax was paid, A&A Enterprises would cancel and not seek to renew the CW-1 visas.”
The indictment noted that foreign citizen workers with CW-1 status are authorized to work only for the petitioning employer, and may not work for other employers, unless the new employer promptly files a new petition with USCIS on behalf of the worker.
“If the employer wishes to make any material changes to the terms and conditions of the CW-1 worker’s employment, the employer must file a new or amended petition with USCIS to reflect the changes,” the indictment stated.
It stated that federal agents also seized alleged proceeds from the scheme through Nario’s personal and business bank accounts in the total amount $11,721.87 on Feb. 22, 2021.
Under a notice of criminal forfeiture, upon his conviction, the U.S. government will also confiscate property or proceeds traceable and resulting from the alleged scheme.
