2011 Utah Code
Title 63G General Government
Chapter 13 Utah Commission on Immigration and Migration Act
Section 302 Requirements for pilot project and pilot project memorandum of understanding.

63G-13-302. Requirements for pilot project and pilot project memorandum of understanding.
(1) Under the pilot project memorandum of understanding, the governor may commit the state, including the commission, to work directly with officials of the government of the State of Nuevo Leon, Mexico, including the Migrant Attention Center, to encourage, facilitate, and support the migration of legal Mexican migrant workers from the State of Nuevo Leon to Utah for the purpose of filling jobs with Utah businesses most in need of skilled and unskilled migrant labor.
(2) The pilot project and the pilot project memorandum of understanding shall:
(a) be compatible with the Immigration and Nationality Act, 8 U.S.C. Sec. 1101 et seq., and federal policies, procedures, and requirements for issuing United States nonimmigrant visas to Mexicans qualified to participate in the pilot project, with particular attention to the following:
(i) a Utah business hiring an alien through the pilot project shall demonstrate and certify that there are not sufficient workers where that labor is to be performed who are able, willing, qualified, and available at the time of application for a United States nonimmigrant visa; and
(ii) the employment of the alien will not adversely affect the wages and working conditions of workers in Utah who are similarly employed;
(b) require that the State of Nuevo Leon will provide Mexican migrant workers to Utah businesses who meet certain requirements, including that each migrant worker:
(i) meets the legal requirements of federal law with regard to eligibility for a United States nonimmigrant visa;
(ii) passes a criminal background check;
(iii) undergoes standardized testing to satisfy the hiring Utah business that the migrant worker possesses the requisite level of education or skill required for the job to be filled;
(iv) is issued a tamper-proof identification that includes personal information, photo, fingerprint, visa number, and an expiration date; and
(v) will be notified by the Migrants Attention Center of the State of Nuevo Leon before the expiration date of the United States nonimmigrant visa of the date the migrant worker is required to return to Mexico; and
(c) if a migrant worker fails to return to Mexico before expiration of the migrant worker's United States nonimmigrant visa, require the Migrants Attention Center of the State of Nuevo Leon to notify:
(i) the Utah business that hires the migrant worker;
(ii) the advisory group created in accordance with Section 63G-13-303; and
(iii) United States Immigration and Custom Enforcement.