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Registration Requirements

Utah Code tit. 13, ch. 13-49, pt. 13-49-P2
in effect

Utah Code § 13-49-201 Requirement to be registered as an immigration consultant -- Exemptions.

13-49-201. Requirement to be registered as an immigration consultant -- Exemptions. (1) Except as provided in Subsection (2), an individual may not engage in an activity described in Subsection 13-49-102(4) for compensation unless the individual is registered under this chapter. (2) Except for Subsections 13-49-303(3), (4), and (5), this chapter does not apply to an individual authorized: (a) to practice law in this state; or (b) by federal law to represent an individual before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. (3) An immigration consultant may only offer nonlegal assistance or advice in an immigration matter. Amended by Chapter 95, 2026 General Session

Utah Code § 13-49-202 Application for registration -- Renewal.

13-49-202. Application for registration -- Renewal. (1) To register as an immigration consultant an individual shall submit to the division a registration application: (a) in the manner the division determines; and (b) that includes: (i) a registration application fee in an amount the division determines in accordance with Section 63J-1-504; (ii) the costs of the criminal background check required by Subsection (2)(c); and (iii) any information that the division requires by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2) An applicant for registration as an immigration consultant shall: (a) not have been convicted of: (i) a felony; or (ii) a misdemeanor involving theft, fraud, or dishonesty within the 10 years immediately preceding the day on which the applicant submits the applicant's application or renewal application; (b) submit fingerprint cards in a form acceptable to the division at the time the applicant files the application; (c) consent to a fingerprint background check of the individual by: (i) the Utah Bureau of Criminal Identification; or (ii) another state agency or federal agency that performs criminal background checks; and (d) not have violated Chapter 11, Utah Consumer Sales Practices Act. (3) The division shall register an individual who qualifies under this chapter as an immigration consultant. (4) An immigration consultant shall update registration information no later than 30 days after the day on which information the immigration consultant provides on the immigration consultant's application becomes incorrect or incomplete. (5) Registration of an immigration consultant under this chapter is effective for one year after the day on which the division registers an individual as an immigration consultant. (6) To renew an immigration consultant registration under this section, an immigration consultant shall submit a registration renewal application to the division at least 30 days before the day on which the immigration consultation's registration expires. (7) Registration with the division does not constitute an approval or endorsement of an immigration consultant by the division or the state. Amended by Chapter 95, 2026 General Session

Utah Code § 13-49-204 Bonds -- Exemption -- Statements dependent on posting bond.

13-49-204. Bonds -- Exemption -- Statements dependent on posting bond. (1) An immigration consultant shall maintain the following in a form the division approves, and in the amount of $50,000: (a) a surety bond issued by a surety authorized to transact security business in this state; or (b) a certificate of deposit in a financial institution authorized under the laws of this state or the United States to accept deposits from the public. (2) A surety bond or certificate of deposit described in Subsection (1) shall be payable to the division for the benefit of any person damaged by a fraud, misstatement, misrepresentation, unlawful act, omission, or failure to provide services of an immigration consultant, or an agent, representative, or employee of an immigration consultant. (3) (a) If a surety bond or certificate of deposit an immigration consultant posts under this section is canceled due to the immigration consultant's negligence, the division may assess a $300 reinstatement fee. (b) A person may not withdraw a part of a surety bond or certificate of deposit an immigration consultant posts in accordance with this section: (i) during the one-year period the registration under this chapter is in effect; or (ii) while a revocation proceeding is pending against the immigration consultant. (4) (a) A surety bond or certificate of deposit an immigration consultant posts in accordance with this section may be forfeited if the immigration consultant's registration under this chapter is revoked. (b) Notwithstanding Subsection (4)(a), the division may make a claim against a surety bond or certificate of deposit posted by an immigration consultant for money owed the division under this chapter without the division first revoking the immigration consultant's registration. (5) An individual may not disseminate by any means a statement indicating that the individual is an immigration consultant, engages in the business of an immigration consultant, or proposes to engage in the business of an immigration consultant, unless the individual posts a surety bond or certificate of deposit under this section that the individual maintains throughout the period covered by the statement. (6) An immigration consultant may not make or authorize the making of an oral or written reference to the immigration consultant's compliance with the bonding requirements of this section except as provided in this chapter. (7) The division may claim an immigration consultant's surety bond or certificate of deposit for the benefit of any client who incurs damages as the result of the immigration consultant's failure to comply with this chapter. (8) After the client recovers full damages, the division may recover from the surety bond or certificate of deposit any administrative fines, civil penalties, investigative costs, attorney fees, and other costs of collecting and distributing funds in accordance with this section. Amended by Chapter 95, 2026 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title13/Chapter49/13-49-P2.html?v=C13-49-P2_1800010118000101Fetched: 10/26/2026

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