Immigration Consultant ($100,000) Bond - Statewide in California

Brief Summary

The bond California's Secretary of State accepts for immigration consultants must run for at least 24 months, not the usual one year. It has to be on file before you take a single paying client, and the renewal or continuation must reach Sacramento before the current bond expires, because late filings are rejected.

California Business and Professions Code 22443.1 requires every immigration consultant to file a $100,000 bond with the Secretary of State before doing business. The bond must come from a corporate surety admitted in California, runs in favor of the people of the State of California, and covers anyone harmed by the consultant or the consultant's agents and employees. Attorneys, federally authorized representatives and qualifying nonprofit employees are outside the requirement.

We can help with all California bonds!

How to Apply for a Immigration Consultant ($100,000) Bond:

• Confirm you are not an attorney, a federally authorized representative or a qualifying nonprofit employee.
• Order a $100,000 bond from a corporate surety admitted to do business in California, on the Secretary of State immigration consultant bond form.
• Make sure the bond term is at least 24 months.
• Mail the bond with the $30 filing fee to the Secretary of State in Sacramento.
• Include the Immigration Consultant Disclosure form, a copy of current photo ID and a 2 inch by 2 inch passport photo.
• File the renewal or continuation before the bond expires and send written notice of the renewal within 30 days.

Detailed Information About the California Immigration Consultant ($100,000) Bond:

The term catches people out

The Secretary of State's own bond form for immigration consultants says the term of every bond submitted must be at least 24 months. A standard one year bond will not satisfy it. The bond is continuous in form and stays in effect for the initial term and every rider after that.

Who the $100,000 protects

The bond is in favor of, and payable to, the people of the State of California. It is for the benefit of any person damaged by fraud, misstatement, misrepresentation, an unlawful act or omission, or a failure to provide the services promised. That reaches the acts of the consultant's agents, representatives and employees while they work within the scope of the job. Total aggregate liability is capped at $100,000 no matter how many claims are made.

Who does not post it

Section 22440 keeps two groups outside the immigration consultant chapter entirely: people authorized to practice law, and people authorized by federal law to represent others before the Board of Immigration Appeals or U.S. Citizenship and Immigration Services. Section 22443.1(j) separately exempts employees of nonprofit, tax exempt corporations who help clients complete immigration forms free of charge or for a nominal fee, consistent with 8 CFR 292.2.

Filing and keeping it current

The bond is filed with the Secretary of State, P.O. Box 942870, Sacramento, CA 94277-2870, with a $30 filing fee. There is no fee to file an amendment to a bond already on file. The same filing goes with the Immigration Consultant Disclosure form, photo ID, a passport style photo and a passed background check.

When the bond is renewed, and whenever your name, address, phone number or agent for service of process changes, tell the Secretary of State in writing within 30 days. Termination of the bond is governed by Code of Civil Procedure 995.440 and Article 13 starting at section 996.310.

Eligibility and Requirements for a California Immigration Consultant ($100,000) Bond:

• Bond amount of $100,000 with aggregate liability limited to $100,000.
• People of the State of California named as obligee.
• Signed by the surety's attorney in fact under an unrevoked power of attorney.
• Minimum bond term of 24 months.
• Passed Secretary of State background check before the bond can be filed.

California Immigration Consultant ($100,000) Bond FAQs:

Official and Additional Resources for the California Immigration Consultant ($100,000) Bond: