FARGO, N.D. (AP) — A Fargo restaurant co-owner has agreed to plead guilty to hiring workers who were not eligible to be legally employed in the U.S.

Federal prosecutors say Jose Ramon Gutierrez paid two cooks at Mango’s Mexican and American Grill with cash to keep them off the payroll books and avoid paying employment taxes and overtime.

Gutierrez could have faced 10 years in prison if he was convicted of the federal crime. But under terms of the plea agreement, prosecutors and the defense will recommend two years of probation and a $15,000 fine.

A judge must approve the agreement.