Shrewsbury Landscaper Faces Federal Charge

A Shrewsbury man is being held by the U.S. federal government pending a conspiracy to commit visa fraud charge against him.

Marcio Freitas, of 90 Edgewood Rd., Shrewsbury, was arrested and charged last week, and was in U.S. Federal District Court in Worcester earlier today at a hearing.

Freitas, who is a citizen of Brazil, but is working in the United States, "conspired to commit fraud by charging Brazilian Nationals thousands of dollars to procure H-2B temporary work visas for the Brazilian nationals with the knowledge that the Brazilian nationals would not fulfill requirements of the H-2B visa upon their entry into the United States and would not leave the United States at the expiration of the H-2B visa," according to the complaint filed by the U.S. government.

Freitas is listed as an employee of Hester Landscape of Northborough in the court documents.

"Freitas knew that the Brazilian nationals who received H-2B temporary work visas to enter the United States to work for Hester Landscape would not have jobs with Hester Landscape, but rather would use the H-2B visas as a means to enter the United States," according to the complaint.

It also says, "Freitas knew that once the Brazilian nationals entered the United States on the fraudulently obtained H-2B temporary work visas they would not return to Brazil at the termination of the H-2B visa, which was typically ten months after the date of issuance."

"The H-2B nonimmigrant visa program permits employers to hire foreign workers to work in the United States to perform temporary nonagricultural services or labor on a one-time, seasonal, peak-load, or intermittent basis. The job must be temporary in nature (for one year or less). The employers need for work cannot be ongoing or continuous," according to the court filing.

The federal court judge took the matter under advisement after the hearing today, and the government has 30 days to file an indictment against Freitas.

Freitas is being held until the judge makes his decision or if the government gets an indictment.

CORRECTION: Due to a reporting error, Marcio Freitas was incorrectly listed as the owner of Hester Landscape of Northborough. He is an employee of the company.