Utah’s E-Verify law requires Utah employers with 150 or more workers* to enroll in E-Verify. In determining whether or not an employer must enroll based on employee count, the employer is not required to count legal guest workers (H-2A & H-2B). Employers enrolled in E-Verify will receive an exemption from penalties under state law should a company using E-Verify inadvertently hire an illegal worker.
After enrolling in E-Verify, employers may also register with “Secure Utah,” a state agency. The state maintains a list of all those who enroll in the program, presumably to encourage the public to monitor which businesses follow the rules and to reward them with their business. The “Secure Utah” list is optional and listings must be renewed every two years.
Verification for Public Contracts: Utah employers who have contracts with state or local government agencies are required to use the E-Verify system, regardless of the number of employees. This requirement became law in July 2009.
- *The law does not specify whether the 150-employee threshold applies to only those employees working in Utah or company-wide. Employers concerned about compliance should count employees company-wide.