13-49-301. Requirements for written contract -- Prohibited statements.
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Effective 5/6/2026
13-49-301. Requirements for written contract -- Prohibited statements.
(a)Before an immigration consultant may provide services to a client, the immigration consultant shall provide the client with a written contract.
(b)The contents of a written contract described in this Subsection
(1)shall comply with this section and rules the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act .
(c)A client may cancel a written contract on or before midnight of the third business day after the day on which the immigration consultant and client execute the written contract, excluding weekends and state and federal holidays.
(2)A written contract under this section shall be stated in both English and in the client's native language.
(3)A written contract under this section shall:
(a)state the purpose for which the client has hired the immigration consultant;
(b)state the one or more services the immigration consultant will perform;
(c)state the price for a service the immigration consultant will perform;
(d)include a statement printed in 12-point boldface font that the immigration consultant is not an attorney and may not perform the legal services that an attorney performs;
(e)with regard to a document the immigration consultant prepares:
(i)list the document the immigration consultant will prepare;
(ii)explain the purpose of the document;
(iii)explain the process the immigration consultant will follow in preparing of the document;
(iv)explain the action the immigration consultant will take;
(v)state the agency or office where the immigration consultant will file each document; and
(vi)state the approximate processing times according to current published agency guidelines;
(f)include a provision stating that the person may report complaints relating to an immigration consultant to the:
(i)division, including a telephone number and website; and
(ii)Office of Immigrant Assistance of the United States Department of Justice, including a telephone number and website;
(g)include a provision stating that a person may report complaints concerning the unauthorized practice of law to the Utah State Bar, including a telephone number and website; and
(h)in accordance with Subsection (1)(c), include a provision stating in 12-point boldface font on the first page of the written contract in both English and in the client's native language in accordance with Subsection
(2): "You may cancel this contract on or before midnight of the third business day after execution of the written contract."
(4)A written contract may not contain a provision relating to the following:
(a)a guarantee or promise, unless the immigration consultant has some basis in fact for making the guarantee or promise; or
(b)a statement that the immigration consultant can or will obtain a special favor from or has special influence with the United States Citizenship and Immigration Services, or any other governmental agency, employee, or official, that may have a bearing on a client's immigration matter.
(5)An immigration consultant may not make a statement described in Subsection
(4)orally to a client.
(6)A written contract is void if not written in accordance with this section.
Amended by Chapter 95 , 2026 General Session