Immigration specialist in California

Is anyone taking the class offered thru NNA to become an Immigration specialist and how do you charge for this? The Bond and E&O is very expensive.

Be careful. Very, very careful. They have a track record of hyping worthless or nearly so classes. Do a LOT of independent research on this field before you spend a dime.

I think the California (CA) legislature has created an impossible situation with there laws related to immigration forms, and the CA Secretary of State (SOS) has made it worse.

One problem area is the law that prevents CA notaries from completing immigration forms (unless all they’re doing is a notarization). unless the notary is also an “immigration consultant” or lawyer. This law applies specifically to notaries; non-notaries can do immigration up to the limits that the federal government allows. “Immigration consultants” are mainly allowed to translate the questions on the form to the client, listen to the client’s answer, translate the client’s answer to English, and write the answer on the form. I think it’s just about impossible to do the translation without giving some legal advice in the process, but giving legal advice isn’t allowed.

The SOS made it worse by deciding that Form I-9, which all new employees (including citizens, green card holders, and other immigrants with permission to work in the US) have to fill out, are immigration forms. Remote employees are often referred to a notary to get the form filled out; there is no notarization, the notary acts as the company’s representative in filling out the EMPLOYEER’S part of the form. So the SOS is saying to fill out I-9s, the notary must also be an “immigration consultant”, but the “immigration consultant” is only allowed to essentially take dictation from the client. But as the employer’s representative, the notary is expected to make his/her own statement that he/she examined the ID and it appeared proper. So, it seems to me CA notaries can’t do I-9s at all, unless they’re also a lawyer.

I wanted to take the class that the NNA was offering but it was too expensive: $700 for two days. There is an online study for $249 but I am still debating. So I appreciate hearing about it too.

So Ashton, I’m a notary in California. So are you saying that even if I pay the money and take the Immigration Consultant license, I still won’t be able to fill out immigration forms?

mabuk50, I see two situations for the CA notary.

First, for a decade or more, CA notaries, along with notaries around the country, would get calls from people who are getting hired but aren’t working close to their employer’s office. A typical example would be nurse who works for a temporary nurse agency, but works at a hospital far from the temp agency’s office. The employer could hire anyone to act as their agent to fill out the employer’s portion of form I-9, but they generally would call notaries because notaries are accustom to doing mobile work and are accustomed to checking ID. But then CA passed a law saying notaries can’t fill out immigration forms unless they’re also a lawyer or immigration consultant, and the CA SOS decided that the I-9 was an immigration form. In my opinion, CA notaries can’t fill out I-9 at all, even if they are immigration specialists, because the part of the form they fill out isn’t being filled out by the employee and being signed by the employee. It’s being filled out and signed by the employeer’s representative, and that’s not in the description of what an immigration consultant can do. (Exception: a notary who is also a lawyer could do it)

A person who is a notary and an immigration consultant theoretically can fill out other forms, putting in whatever the client says to put as answers. But is that realistic? It seems to me a person who can’t complete the form himself/herself needs a lot more help than just having someone to take dictation, and the immigration consultant isn’t allowed to give that extra help.

Yes, CA notaries CAN do these - under specific restrictions - as in they must be an immigration consultant or attorney…from the 2019 CA Notary Handbook

“Contrary to popular belief, there is no prohibition against notarizing immigration documents.
However, several laws specifically outline what a notary public can and cannot do. Only an
attorney, a representative accredited by the U.S. Department of Justice, or a person who is
registered by the California Secretary of State and bonded as an immigration consultant under
the Business and Professions Code may assist a client in completing immigration forms.
(Business and Professions Code section 22440) A notary public may not charge any individual
more than fifteen dollars ($15) for each set of forms, unless the notary public is also an attorney
who is rendering professional services as an attorney. (Government Code section 8223)”

I’d suggest reading the Code sections cited in your handbook and following up on that as far as training and licensing is concerned - and, personally, I would NOT pay NNA $700+ for this…just another money-making venture on their part. Be careful who you go to for this training - be very careful.

Good luck

Leave it to the government to keep us confused.

NNA has also an online class for $249. I’m tempted to do that even though I prefer live sessions, but I agree with you $700 is steep for a couple of days.

I’d say you really need to check out the regulations for being an immigration specialist in your state - just because you pass this NNA course may not mean your state will issue your license in it - and I’m almost positive licensing is required - if it weren’t every Tom Dick and Harry could put themselves out as an immigration “specialist”…

Research your state law on this closely before jumping into this.

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