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Answering the three Massive Questions About Citizenship Affidavits in Insurance coverage Licensing

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This submit is a part of a sequence sponsored by AgentSync.

An insurance coverage license will be the doorway to a rewarding and profitable profession. You would possibly even say insurance coverage is a area ripe for the making of the American Dream. So, how does it work for individuals who aren’t U.S. residents?

Nicely, states take differing views on topics like undocumented immigration or overstayed visas, and the insurance coverage trade isn’t immune from political theater.

We are able to’t tackle all the various nuances in a weblog like this, as a result of every state of affairs has completely different exceptions, exemptions, additions, and so on. However, we will expose the divide between states that take extra restrictive approaches to noncitizen licensees and states that take a broader strategy to who could also be licensed, and a few of the indicators to look out for when deciding whether or not to use for a license in any given state.

After all, not one of the following is meant to be authorized steerage, however serves as a springboard into deeper, extra state-specific analysis for anybody confronted with a selected circumstance.

1. Do states require me to report my citizenship to get an insurance coverage license?

Possibly – particular person states take very particular person approaches.

We wager you already knew that, although! If this isn’t your first brush with insurance coverage, you’re possible all-too accustomed to the nuances that include questions on who wants what for which licenses and the place. So, sure, questions on citizenship range state to state (like almost every little thing in insurance coverage).

States that require citizenship documentation for a producer licensing utility

It’s fairly frequent for states to require some type of documentation for insurance coverage license candidates who aren’t U.S. residents. However two states take the strategy of requiring all candidates to add proof of their citizenship standing.

Georgia

Within the Georgia licensing handbook, the process for making use of to get a producer license requires candidates to take a seat the examination after which full a citizenship affidavit:

“New license candidates are required to submit a notarized Citizenship Affidavit Type (GID-276-EN) testifying to both United States citizenship or lawful presence.”

As soon as the affidavit is full, then you possibly can proceed to the precise licensing course of.

Alabama

Alabama, too, requires proof of citizenship from all candidates earlier than the state will course of the license or renewal utility.

The state has a prolonged listing of potential acceptable documentation, though it additionally factors out that issues like drivers’ licenses and state IDs from different states are solely acceptable if that state requires you to show your citizenship to acquire that ID.

The state’s FAQs additionally make it clear that your private home state (or resident state) license can’t be the premise for proof of citizenship as a result of some states don’t require you to show your citizenship.

2. How can noncitizens get an insurance coverage producer license?

At the least 13 states apart from Alabama and Georgia require noncitizen producers and would-be producers to supply “proof of U.S. work authorization” documentation of some form – together with an Employment Authorization Doc or EAD – to get a license.

In keeping with NOLO, the next paperwork could also be adequate proof of labor authorization:

  • an unexpired overseas passport with an I-551 stamp
  • an alien registration receipt card or everlasting resident card
  • an unexpired EAD, issued by U.S. Citizenship and Immigration Providers, which comprises {a photograph}, or
  • an unexpired overseas passport with Type I-94 containing an endorsement of nonimmigrant standing.

In the event you’ve jumped by means of the various hoops of federal process to acquire a everlasting residency or an EAD for noncitizens, then, when required, you have to add the related documentation to the Nationwide Insurance coverage Producer Registry’s Attachment Warehouse. So long as your paperwork are up-to-date on this NIPR file repository, then it is best to have little hassle sustaining your license and reciprocity throughout states.

3. Are you able to get an insurance coverage producer license in the event you overstayed your visa or are an undocumented resident of the U.S.?

Acquiring an insurance coverage license, like many different actions, is kind of fraught for U.S. residents who aren’t residents and who don’t have a piece authorization, and who don’t have a path to acquire both.

Some states have legal guidelines that appear to sign their openness to permitting undocumented residents to use for and earn insurance coverage licenses.

As an illustration, in 2021, Colorado repealed laws that beforehand required state directors to validate citizenship and work authorizations for skilled license candidates. The brand new regulation is known as, “Take away Lawful Presence Verification Credentialing.” A state abstract of the laws mentioned, “The act additionally specifies that lawful presence will not be required of any applicant for any state or native license, certificates, or registration. The act is a state regulation throughout the that means of the federal regulation that provides states authority to supply for eligibility for state and native public advantages to individuals who’re unlawfully residing in america.”

To that impact, in 2022, the state’s DOI repealed the bulletin that beforehand required proof of citizenship or proof of labor authorization. These adjustments indicate, with out explicitly stating, that candidates in Colorado needn’t have documentation to confirm their work or citizenship standing with a view to get a license with the DOI. California, as nicely, though it requires a background examine with full fingerprints by means of the Federal Bureau of Investigation, doesn’t require documentation of labor authorization.

But, because the legislative abstract suggests, state regulation can solely function “throughout the that means of the federal regulation,” which brings us to the federal Immigration Reform and Management Act.

Impression from the federal Immigration Reform and Management Act

Signed beneath the Gipper, the 1986 Immigration Reform and Management Act imposes the requirement that employers maintain data of their workers and workers’ citizenship standing. This contains requiring workers to validate their authorized means to work. So, even in a state like Colorado the place an undocumented resident would possibly get hold of a license, there’s no assure that they’ll have the ability to discover employment as an insurance coverage producer.

Additional, the cut up of state necessities could make it tougher to work throughout state traces as a result of, do you have to discover employment and licensure in Colorado even and not using a work authorization, you should still be barred from getting a nonresident license anyplace else.

The truth is, for everybody who isn’t a citizen, and even for individuals who are, there should be plenty of paperwork standing between the place you might be at this time and the place you wish to be, with licenses and appointments in hand.

Whereas AgentSync can’t do something for the myriad vagaries of the U.S. immigration system, we can make dealing with licensing and appointment compliance for producers, adjusters, and variable traces brokers much less hellacious. To see how we may also help you improve your pace to income, drive effectivity, and onboard or terminate seasonal groups in bulk for peak compliance, schedule a demo.

Subjects
Georgia
Alabama
Colorado

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