NY A04430

Department of State must issue licenses to immigration providers with renewal every two years, and Secretary of State enforces surety bond and licensure requirements.

Persons cannot engage in or advertise immigration assistance services without first obtaining a Department of State license, and cannot make any statements indicating they provide such services without a valid bond and license on file.

Immigration providers must file written applications with the Department of State containing personal information, experience, business details, and prior conviction records as determined by regulation.

Attorney General can seek injunctions against violations and impose civil penalties up to $7,500 per violation; private citizens can also bring civil actions for damages with minimum recovery of $5,000 and attorney's fees awarded to prevailing plaintiffs.

Act takes effect January 1 following enactment, with rule and regulation amendments authorized immediately to implement the requirements.