Even if a Park City company doesn’t employ many foreign workers, it might be in its best interest to use E-Verify, the Department of Homeland Security’s preferred method for employers to verify the legal status of workers.

Utah’s most recent changes to immigration law, which took effect July 1, require all state-government employers and contractors to use the system.

The definition of a contractor is still fuzzy, but it includes any company that provides goods or services to a state agency and won the contract to do so through a competitive bidding process, explained immigration attorney Roger Tsai.

Tsai, from Parsons Behle & Latimer in Salt Lake City, gave a presentation about the new law to members of the Park City Chamber/Bureau at The Hotel Park City on Monday.

Sam Madsen, general manager of The Yarrow, asked if that would include any business that hosted a public agency for a meeting or conference. Tsai said he understood it would.

Furthermore, E-Verify is not supposed to be used on existing employees only new hires who have already been extended an offer. That means that any company that anticipates winning a contract with a public agency must use E-Verify on any new hire that would in some capacity provide that service, Tsai said.

Colleen Burke, director of member services for the Chamber/Bureau, asked if that could include a not-for-profit group, like the Chamber/Bureau, that receives grants through a competitive process to provide goods and services.

Tsai said he wasn’t sure. The Attorney General’s office has been striving to update a list of who is regulated by the new law.

“They’ve not fully flushed out the definitions of things,” he said.

Tsai said most new contracts with a state agency made after July 1 will likely stipulate this provision, making it simpler for businesses.

“The bottom line is it really sucks for an employer,” he said. “The federal government doesn’t want you to employ an illegal worker, but at the same time, they don’t want you to discriminate based on where they’re from.”

There are between 90,000 and 100,000 undocumented workers in Utah, and only about 800 employers currently use E-Verify, he said.

Denise Thomson with Goldener Hirsch Inn said her company uses the system and has not found it to be difficult. It verifies basic information quickly, she said.

Use of E-Verify has exploded in the last two years as states like Utah require its use in some circumstances in an attempt to curb illegal immigration.

Tsai said that one year ago few companies were using the program.

The federal agencies are cracking down as well, he said. Arrests of employers have gone up dramatically since 2005, and although civil fines for violations declined the first half of the decade, they have been increasing since.

“I would view anybody looking for a job as a potential informer to immigration enforcement,” he said.

Other advice unique to Park City businesses that Tsai gave is to be careful using E-Verify with seasonal workers. The system is not supposed to be used to re-verify employees in order to protect their civil rights. Employers should contact Immigration and Customs Enforcement or Homeland Security with questions.

Tsai also warned about companies hiring foreigners on temporary work visas who did not sponsor the person to come to the U.S. It is illegal to hire them temporarily until their seasonal job starts or to allow them to work a second job with a different employer.

Hiring of these visa holders has been a common practice in town, but Tsai said they are still technically sponsored employees.

The visas also expire, he said.

Out of precaution, companies should ask applicants in the interview if they’re able to legally work without employer sponsorship, he suggested. E-Verify should also be used when hiring international students.

Roger Tsai, immigration attorney with Parsons Behle & Latimer, recommends the following steps:

-Review your I-9 forms and make sure the information is consistent and logical.

-Create an immigration compliance program for you company.

-Consider participating in E-Verify

-Be careful and consistent with your hiring practices.

-Follow up with reliable reports of undocumented workers in your labor force.

-Ask questions first, terminate only after you investigate.

-Download a PDF of M274: A guide to the I-9.