Immigration Consultant Bond
California requires a $100,000 surety bond from every non-attorney who gives nonlegal assistance on immigration matters for compensation, filed with the Secretary of State under Cal. Bus. & Prof. Code §22443.1. It is one of the largest license bond penal sums in the state — four to twenty times a typical California license bond — because the consultant industry has a documented record of harming the immigrant clients it serves. You pay a small annual premium, not the full $100,000.
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Fixed at $100,000 by BPC §22443.1 — tell us your file and we’ll price it
Where $100,000 sits on California's license-bond scale
Most California occupational license bonds cluster between $5,000 and $50,000. The immigration consultant bond breaks that pattern entirely. That is not a pricing quirk — it is the Legislature sizing the consumer-recovery pool to the scale of harm its enforcement record has documented in this specific industry.
California license bond amounts, largest to smallest
Penal sums currently required by each bond's own governing statute — not what you pay in premium
| License / Bond | Bond Amount | Obligee | Statute |
|---|---|---|---|
| Immigration Consultant | $100,000 | CA Secretary of State | BPC §22443.1 |
| Legal Document Assistant (10+ staff) | up to $100,000 | County (filed under state law) | BPC §6405 |
| Auto Dealer (new) | $50,000 | DMV | Veh. Code §11710 |
| Contractor (CSLB) | $25,000 | Contractors State License Board | BPC §7071.6 |
| Collection Agency | $25,000+ | DFPI | Fin. Code §100019(e) |
| Notary Public | $15,000 | Secretary of State | Gov. Code §8212 |
| CTEC Tax Preparer | $5,000 | CTEC (state-mandated) | BPC §22250 |
Amounts shown are the penal sum each obligee requires, not the annual premium. See the pricing table further down this page for what the immigration consultant bond actually costs.
What the statute actually requires
The bond requirement is written directly into the Business and Professions Code, not left to Secretary of State discretion. It has applied at the $100,000 level since the requirement's operative date of July 1, 2014.
Official California Requirements
"Prior to engaging in the business, or acting in the capacity, of an immigration consultant, each person shall file with the Secretary of State a bond of one hundred thousand dollars ($100,000)"Cal. Bus. & Prof. Code §22443.1(a)(1) • Cal. Bus. & Prof. Code §22443.1
The bond is payable to the people of the State of California and must come from a corporate surety admitted to do business in the state — a personal surety or an out-of-state-only carrier will not satisfy the filing.
Consultant, attorney, or unauthorized — where the line falls
The bond and registration scheme exists precisely because immigration consultants are, by legal definition, not attorneys. Cal. Bus. & Prof. Code §22441 defines the role functionally:
In bounds — nonlegal assistance
Completing forms at the client's direction, translating the client's own answers onto a form, securing supporting documents the client identifies, submitting completed forms, and referring the client to a licensed attorney. This is the entire scope §22441 permits — nothing more.
Out of bounds — the practice of law
Recommending which visa or form to file, assessing eligibility, predicting outcomes, or advising on legal strategy is practicing law. A non-attorney doing any of this is both unregistered-practice exposure and, separately, a bond claim trigger if a client is harmed by the advice.
Licensed California attorneys are simply outside §22441's definition — they give legal advice, not “nonlegal assistance,” so the consultant registration and bond do not reach them. The narrow carve-out that does exist, under §22442(h), is for employees of nonprofit, tax-exempt organizations helping clients for free or a nominal fee under Board of Immigration Appeals recognition (8 C.F.R. §292.2) — see the FAQ below for how narrow that exemption actually is.
What actually draws a claim against this bond
Every claim traces back to a specific duty the Immigration Consultants Act (BPC §§22440-22449) imposes. These four account for nearly every enforcement action and bond claim in the class:
Unauthorized practice of law
Selecting a legal strategy, advising on rights or eligibility, or predicting a case outcome — anything beyond the nonlegal, client-directed assistance §22441 permits — is UPL. It is the single largest source of immigration consultant bond claims.
"Notario" and title misrepresentation
Translating "notary public" as "notario público" or "notario," or otherwise implying attorney-level authority you do not have, is expressly barred under §22442.3 and independently penalized.
Taking fees, not delivering the filing
Collecting payment up front and failing to prepare or submit the documents — or disappearing mid-engagement — is the most direct consumer-harm claim the bond exists to cover.
Contract and disclosure violations
Skipping the required written contract, the mandated non-attorney disclosure printed in 10-point boldface, or the client's statutory cancellation rights violates the registration statute the bond guarantees.
Operating unregistered carries its own separate exposure under §22445: a civil penalty of up to $100,000 per violation, and a misdemeanor punishable by a $2,000-$10,000 fine per affected client, up to one year in county jail, or both. (The notario-specific violation above carries its own, separate $1,000-per-day civil penalty under §22442.3.) None of that is bond money — it is direct personal liability on top of whatever the bond pays a harmed consumer.
Filing new or rebonding for renewal? Lock in your exact premium in about two minutes.
Quote my consultant bondThe six-item Secretary of State filing checklist
The bond itself is one line item in a short registration package. Have these ready and the SOS filing moves quickly once your bond is issued:
Pass the Secretary of State background check
Required before any bond or disclosure paperwork is accepted.
File the $100,000 corporate surety bond
Must be a surety admitted to do business in California, payable to the people of the State of California.
Submit the Immigration Consultant Disclosure form
Personal information, conviction history, business details, and a 2" x 2" passport-standard photo.
Attach valid photo ID
CA DMV ID/license, U.S. passport, or an out-of-state ID or license.
Pay the $30 SOS filing fee
Covers the administrative cost of processing your registration.
Notify the SOS within 30 days of any change
Renewal, or a change to your name, address, phone, or agent for service — late notice risks your active status.
You can confirm any active consultant's current status on the SOS's public Immigration Consultant Search — the same tool a client can use to verify you before hiring you.
What the premium actually runs — this is a specialty-priced class
Underwriters treat the immigration consultant bond as a higher-risk consumer-protection class, not a commodity license bond. Rate is driven primarily by personal credit and whether you have any prior consumer complaints or SOS disciplinary history on file:
California Immigration Consultant Bond — annual premium by credit tier
Based on a $100,000 bond amount
- Excellent (720+), clean historyRate: 1.0%-2.0%$1,000-$2,000/yr
- Good (680-719), clean historyRate: 2.0%-3.0%$2,000-$3,000/yr
- Fair (620-679), clean historyRate: 3.0%-5.0%$3,000-$5,000/yr
- Any tier, prior complaint on fileRate: 5.0%-15.0%+$5,000-$15,000+/yr
- Poor/distressed creditRate: 10.0%-20.0%$10,000-$20,000/yr
Two-year statutory term typically prices at roughly 1.85x the annual figure shown. Distressed-credit or flagged-history files often move to the excess-and-surplus market, or decline outright.
Want your own number before you talk to anyone?
Run your exact credit band and prior-history answer through our interactive calculator to see an estimated annual premium and 2-year total before you fill out a single form.
Open the $100K bond calculatorImmigration consultant bond: what registrants ask before filing
Is a $100,000 immigration consultant bond the same as $100,000 out of my pocket?
No. The $100,000 is the penal sum — the maximum the surety will pay out to injured consumers, not a deposit you make. You pay an annual premium that is a small percentage of that face amount, typically 1% to 3% on strong credit with no prior complaints ($1,000-$3,000/year), rising to 8%-20% on distressed credit or a flagged disciplinary history. If the surety ever pays a claim, you reimburse the surety in full under the indemnity agreement you sign at issuance — the bond guarantees your conduct, it does not insure your business against it.
What actually makes someone an "immigration consultant" under California law?
Cal. Bus. & Prof. Code §22441 defines it functionally, not by title: anyone who, for compensation, gives nonlegal assistance or advice on an immigration matter — completing forms, translating a client's answers onto a form, securing supporting documents, submitting completed forms, or referring a client to legal counsel. The statute is explicit that consultants "shall only offer nonlegal assistance" — the moment you select a legal strategy, advise on rights, or predict an outcome, you have crossed into the unauthorized practice of law, which sits outside both the consultant registration and the bond's coverage.
Why is this bond so much larger than California's other license bonds?
The Legislature set the figure at $100,000, effective July 1, 2014, specifically because the consultant industry has a documented pattern of consumer harm — false promises about visa or green card outcomes, fee-taking without service, and unauthorized legal advice aimed at immigrant communities with limited recourse. That is why the immigration consultant bond runs four to twenty times higher than California's other common license bonds (see the comparison table below) — the state is sizing the consumer-recovery pool to the scale of harm its own enforcement record has shown, not to a generic licensing formula.
Can I call myself a "notario público" if I advertise in Spanish?
No — and this one carries its own penalty on top of the general consumer-protection rules. Cal. Bus. & Prof. Code §22442.3 specifically bars immigration consultants from literally translating "notary public" into another language in a way that implies attorney-level authority, expressly naming "notario público" or "notario" as prohibited terms. In Spanish-speaking countries a notario is a licensed attorney; in California a notary public is not. A violation here is a separate civil penalty and misdemeanor exposure from the general unauthorized-practice-of-law rule, and it is one of the more common triggers regulators act on.
Do I need this bond if I only prepare immigration forms for a nonprofit, unpaid?
Generally no. Cal. Bus. & Prof. Code §22442(h) carves out employees of nonprofit, tax-exempt corporations who help clients complete immigration forms free of charge or for a nominal fee (including reasonable costs) consistent with what the Board of Immigration Appeals authorizes under 8 C.F.R. §292.2 — the federal rule governing recognized nonprofit organizations and accredited representatives. If your organization charges standard client fees or you also do private consulting on the side, get a specific read on your situation before assuming the exemption covers you — it is narrower than most applicants expect.
What happens to my SOS registration if my bond is cancelled?
It goes inactive. The Secretary of State only lists a consultant as active on the public Immigration Consultant Search when a current $100,000 bond is on file, and the statute requires you to notify the SOS in writing within 30 days of any bond renewal or change. A lapsed, cancelled, or claim-exhausted bond takes your active status down with it — you cannot legally hold yourself out as a registered consultant or accept new client fees until a replacement bond is filed and accepted, which is why carrying the bond continuously (not letting a renewal slip past its date) matters more on this bond than on most license bonds.
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All content is researched from official state and federal sources (.gov). BuySuretyBonds.com works with Treasury-listed surety carriers.
General information, not legal advice. The immigration consultant bond amount, registration process, and penalties are set by the California Legislature and Secretary of State and can change. Confirm the current requirement on your registration paperwork or with the Secretary of State before filing, and request a quote for your exact bond.
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