Utah has become the twenty-sixth state to enact some form of E-Verify legislation. Governor Gary Herbert signed the Private Employer Verification Act (HB0431) into law on March 31, 2010 requiring all Utah private employers to use a “status verification system” as of July 1 to confirm their employees are legally permitted to work in the U.S.

The E-Verify program is at no cost to the employer, and is operated by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and in partnership with the Social Security Administration (SSA). In the Utah legislation, the “status verification system” is broadly defined to include E-Verify, the SSNVS, or another DHS-approved system. Additional provisions include that the law applies to private employers with 15 or more workers, and new hires on the H-2A or H-2B seasonal visas are exempt.

Although pending amendment(s) to the legislation will make participation in the E-Verify program for Utah businesses strictly voluntary for the first 12 months, and mandatory on July 1, 2011, there are compelling reasons for businesses to comply with the program this year:
• There are no penalties for non-compliance, however, the state will provide positive incentives for compliance, including exemption from penalties under state law should a company using a status verification system inadvertently hire an illegal worker.
• By observing the law, employers will be shielded from civil liability for the unlawful hiring of an undocumented worker as long as the E-Verify systems indicated he or she was work authorized.
• Similarly, an employer may not be held civilly liable for the refusal to hire an individual if E-Verify indicated that he or she was not work authorized.
• And the state will maintain a list of all those who enroll in the program, presumably to encourage the public to monitor which businesses follow the program.

Employment Background Investigations (EBI) provides up-to-date E-Verify legislation information within a state-by-state E-Verify guide. EBI’s Paperless Form I-9 integration with E-Verify allows our clients to access a step by step, easy to use innovative platform to process non-confirmation letters, track results and provide the ability to receive expedient notices and updates from both the SSA and the DHS. EBI’s virtually fool proof process allows corporate administrators the ability to manage the entire verification process while reducing fraud and enhancing overall compliance.