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Last updated: General California immigration consultant bond information — confirm current requirements with the licensing authority.
$100,000 bond · DOJ background check · Secretary of State

California Immigration Consultant Bond

The bond is fixed at $100,000 by Cal. Bus. & Prof. Code §22443.1 — but that's the penal sum, not what leaves your bank account. Most applicants with clean credit pay $1,000 to $5,000 a year in premium. The number that trips people up isn't the price, though — it's the order. The Secretary of State will not accept your bond filing until DOJ clears your Live Scan background check under §22441.1. Buy the bond before your Live Scan clears and it sits unfiled.

Read the full immigration consultant bond guide for the definition of “nonlegal assistance” and claim triggers, or price your file below.

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Required bond amount (fixed by statute)

$100,000

Cal. Bus. & Prof. Code §22443.1 — Secretary of State

✓ SOS-approved bond form•✓ Post-Live-Scan filing support•✓ Pay only when issued
Quick answer
California immigration consultants must post a $100,000 bond, and the premium is a small percentage of that face amount. You pay a premium that is a small percentage of the bond amount, not the full amount (any cost here is an estimate; the surety sets the final price).
  • Who requires it: The State of California, under B&P Code 22443.1, for anyone acting as an immigration consultant; you also register with the DOJ.
  • Amount: $100,000.
  • Typical cost (estimate): roughly $1,000-$3,000 a year with 680+ credit and a clean file; weaker credit pays more. The surety sets the final price.
  • Timing: Same-day submission; most quotes within one business day.
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What the $100,000 bond actually costs you, by credit tier

The $100,000 is the maximum the surety pays a harmed consumer — not a deposit you make. Your annual premium is a small percentage of that face amount, and underwriters price this class primarily on personal credit, since they're underwriting the individual behind the registration, not a business entity:

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The order of operations: DOJ clears you before the SOS will even look at your bond

California's own registration checklist lists “pass a background check” as the first item — ahead of the bond. That ordering isn't a suggestion. It's written directly into the statute, and it's the single most common source of delay for applicants who buy the bond first and assume the Secretary of State will simply hold it until they're cleared.

1

Get Live Scanned at a DOJ-approved location

Electronic fingerprint submission through California's Live Scan network — the same infrastructure used for licensing background checks statewide. Bring photo ID; the operator transmits your prints directly to DOJ.

2

DOJ runs the state check and forwards to the FBI

The Department of Justice processes your prints for California criminal history, then forwards the images and identifying information to the FBI for a federal criminal history report — required under Cal. Bus. & Prof. Code §22442.4.

3

The Secretary of State runs its own pass/fail check — and gates everything behind it

Once DOJ reports back, the Secretary of State screens for disqualifying felony convictions and certain misdemeanors within the prior 10 years, using the same standard applied to notary public applicants (Cal. Bus. & Prof. Code §22441.1). Nothing below moves until you clear this.

4

Only now: file the $100,000 bond and disclosure form

Cal. Bus. & Prof. Code §22441.1 is explicit that the Secretary of State "shall not file a bond, disclosure form, or photograph from a person who has failed to pass the background check." Buying the bond earlier doesn't skip the queue — the SOS will not accept it until your file clears.

5

You go active on the public Immigration Consultant Search — and stay monitored

Registration and the bond post to the SOS's public search tool. Per §22442.4, DOJ also enrolls you in its subsequent arrest notification service, so the state is alerted if you're arrested again at any point during your registration — not just at initial filing.

Official California Requirements

"The Secretary of State shall not file a bond, disclosure form, or photograph from a person who has failed to pass the background check required by this section."
Cal. Bus. & Prof. Code §22441.1 • Cal. Bus. & Prof. Code §22441.1

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A second, narrower duty: the trust account rule for reform-act services

The $100,000 bond isn't the only money-handling rule on the books. Cal. Bus. & Prof. Code §22442.5 requires consultants who provide “immigration reform act services” — assistance tied to DACA or similar post-2012 federal deferred-action and relief programs — to deposit any client fee into a dedicated client trust account before doing the work, and to withdraw funds only in step with completed services.

Applies to

Consultants handling filings connected to deferred-action or similar reform-act programs where a client pays before the work is complete.

Does not replace

The $100,000 bond under §22443.1. This is an additional fee-handling duty, not an alternative compliance path.

Both duties trace back to the same statutory scheme, the Immigration Consultants Act (BPC §§22440-22449), and both are things a surety underwriter or SOS examiner will ask about if a client complaint ever surfaces.

What it costs to take clients before the SOS says you're registered

Because the background check gates the bond filing, there's a real gap — often several weeks — between submitting your Live Scan and going active on the SOS's public registry. Taking client fees during that window carries the same exposure as never registering at all:

Civil penalty

Up to $100,000 per violation under §22445 — the same figure as the bond itself, but paid personally, not by a surety.

Misdemeanor exposure

$2,000-$10,000 fine per affected client, up to one year in county jail, or both — separate from any consumer restitution owed.

The practical fix: schedule Live Scan as early as possible, buy your bond only once you know you can actually file it, and don't advertise or take fees until your name appears active on the SOS's Immigration Consultant Search.

California immigration consultant bond: the questions that come up mid-filing

Does the Secretary of State check my background before or after I buy the bond?

Before — and it's not optional sequencing, it's written into the statute. Cal. Bus. & Prof. Code §22441.1 states the Secretary of State "shall not file a bond, disclosure form, or photograph from a person who has failed to pass the background check." Buying the $100,000 bond first doesn't speed anything up: the SOS will not accept your filing package — bond included — until your DOJ/FBI background check clears. Budget the Live Scan turnaround (typically 1-3 weeks, longer if your prints require manual review) into your registration timeline before you shop for the bond.

What actually disqualifies someone from passing the background check?

Cal. Bus. & Prof. Code §22441.1 disqualifies applicants with a felony conviction, or a disqualifying misdemeanor conviction within the 10 years immediately preceding the completion of probation — using the same disqualification standard California applies to notary public applicants. Failing to disclose a prior arrest or conviction on the required forms is treated as its own basis for rejection, separate from the underlying offense. If you have any criminal history, get a clear read on how it maps to the notary disqualification standard before you spend money on Live Scan fees or a bond application.

Does DOJ keep watching my record after I'm registered, or is the background check a one-time gate?

It doesn't stop at registration. Under Cal. Bus. & Prof. Code §22442.4, once your fingerprints clear, the Secretary of State enrolls you in DOJ's subsequent arrest notification service — meaning DOJ notifies the SOS if you're arrested at any point while your registration is active, not just at your next renewal. Most applicants assume the background check is a one-time hurdle at filing; for this bond, it's closer to continuous monitoring for the life of your registration.

I only prepare paperwork for DACA-type filings — do I need a separate trust account for client fees?

Likely yes. Cal. Bus. & Prof. Code §22442.5 requires immigration consultants who provide "immigration reform act services" — assistance tied to programs like DACA or other post-2012 federal deferred-action and relief programs — to deposit any fee collected from a client into a client trust account before performing the service, and to withdraw funds only as work is actually completed. This is a separate compliance duty from the $100,000 bond itself, and it applies narrowly to reform-act-related work rather than every immigration filing you might handle. If your practice touches these programs, build the trust account into your setup before you take your first fee, not after.

How much should I actually budget for the $100,000 bond itself?

Plan on roughly $1,000-$3,000 a year if your personal credit is 680+ and your file is clean through the DOJ/SOS background check — the bond premium is a small percentage of the $100,000 face, not the face amount itself. Fair credit (620-679) typically runs $3,000-$5,000. Below 620, or with anything flagged in your background check or SOS history, expect $5,000-$20,000+ a year, and some files move to specialty/E&S markets or get declined by standard admitted carriers entirely. See the credit-tier table above for the full breakdown.

Can I start seeing clients while my Live Scan results are still pending at DOJ?

No. You are not a registered immigration consultant — and cannot legally accept fees or hold yourself out as one — until the Secretary of State has processed your cleared background check, accepted your $100,000 bond and disclosure form, and posted your active status to the public Immigration Consultant Search. Operating during the pending window carries the same exposure as operating fully unregistered: civil penalties up to $100,000 per violation and misdemeanor exposure under §22445. Treat "Live Scan submitted" as the start of the waiting period, not the finish line.

Eric Drummond, Licensed Surety Producer
Reviewed by
Eric Drummond, Licensed Surety Producer

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, background-check requirements, and registration process are set by the California Legislature and Secretary of State and can change. Confirm current requirements on your registration paperwork or with the Secretary of State before filing, and request a quote for your exact bond.

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