Auto mechanic says he paid $12,000 to get a job in NMI

A Chinese national claiming that he paid recruiters in China about $12,000 to get a job in the CNMI was found to be actually engaged in a sponsorship scheme with his supposed employer so that he could obtain an immigration status here.

As such, Labor administrative hearing officer Barry Hishbein ruled Wednesday that BaoQing Yao shall gain nothing from his Labor complaint against New Pacifiasia Inc.

“There is clear and convincing evidence that the parties engaged in immigration fraud as defined by the CNMI immigration law at that time. Yao should not benefit from his participation in the fraudulent scheme,” said Hirshbein.

Hirshbein revoked the permission granted to Yao by the CNMI that authorized him to work as a contract worker.

Hirshbein’s order will be forwarded to the Office of the Attorney General to determine if any further action is warranted. Hirshbein also forwarded a copy of his order to US Citizenship and Immigration Service, and Immigration and Customs Enforcement.

According to Labor records, New Pacifiasia Trading Inc. submitted to Labor on Jan. 9, 2007, an application to hire Yao as an auto mechanic. Labor approved the application after a month.

Yao arrived in the CNMI on March 7, 2007. He did not meet any representative of the corporation (New Pacifiasia) until about six months after his arrival. Despite meeting with Shao Hong Walker, the then corporate secretary, Yao never worked for the company.

Hirshbein said the question here is whether Yao’s entry into the CNMI was intended to be a true employment relationship or whether it was a scheme to circumvent the then CNMI immigration laws.

Hirshbein said he finds that this employment arrangement was a sponsorship and that there was no intent to actually employ Yao. He determined that Yao merely sought entry into the CNMI and find work upon arrival.

“Yao’s long delay in coming to Labor and his testimony that he sought to renew his permit with respondent despite having been provided no work is strong evidence of the intent to merely obtain lawful status to remain in the CNMI,” Hirshbein said.

He said the fact that Yao went to the respondent after a year without employment and asked to have his contract renewed is believable.

“This testimony alone supports the contention that Yao’s contract of employment was simply a tool to allow him to enter the CNMI and look for work,” Hirshbein said.

He noted that respondent’s failure to report to Labor that Yao did not report to work is strong evidence as well.