Unfair Immigration-Related Employment Practices Complaint Form

Forms and Documents

Document Name	Status
Form EOIR-58 Unfair Immigration-Related Employment Practices Complaint Form Form	Modified
EOIR-58_SUPPORTING-STATEMENT_FINAL.docx Supplementary Document	2025-08-07
EOIR-58_30dayFRnotice_90FR38180_08.07.2025.pdf Supplementary Document	2025-08-07
EOIR-58_SUPPORTING-STATEMENT_FINAL_signed.pdf Supporting Statement A	2025-08-07
EOIR-58_60dayFRnotice_90FR23960_06.05.25.pdf Supplementary Document	2025-07-01
5. 8 USC 1324b.pdf Supplementary Document	2015-07-15

IC Document Collections

IC ID	Document Title	Status
217474	Unfair Immigration-Related Employment Practices Complaint Form Form	Modified

ICR Details

OMB Control No: 1125-0016	ICR Reference No: 202506-1125-003
Status: Received in OIRA	Previous ICR Reference No: 202109-1125-006
Agency/Subagency: DOJ/EOIR	Agency Tracking No: EOIR-58
Title: Unfair Immigration-Related Employment Practices Complaint Form
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/07/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2025
Responses	38	26
Time Burden (Hours)	38	26
Cost Burden (Dollars)	954	260

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Abstract: Section 274B of the INA prohibits: employment discrimination on the basis of citizenship status or national origin; retaliation or intimidation by an employer against an individual seeking to exercise his or her rights under this section; and "document abuse" or overdocumentation by the employer, which occurs when the employer asks an applicant or employee for more or different documents than required for employment eligibility verification under INA section 274A, with the intent of discriminating against the employee in violation of section 274B. Individuals who believe that they have suffered discrimination in violation of section 274B may file a charge with the DOJ Immigrant and Employee Rights Section (IER). The IER then has 120 days to determine whether to file a complaint with the EOIR Office of the Chief Administrative Hearing Officer (OCAHO) on behalf of the individual charging party. If the IER chooses not to file a complaint, the individual may then file his or her own complaint directly with OCAHO. This information collection may be used by an individual to file his or her own complaint with OCAHO. The Form EOIR-58 elicits, in a uniform manner, all the required information for OCAHO to assign a section 274B complaint to an Administrative Law Judge for adjudication.

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Authorizing Statute(s): US Code: 8 USC 1324b Name of Law: INA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 23960	06/05/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 38180	08/07/2025
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Unfair Immigration-Related Employment Practices Complaint Form	EOIR-58	Unfair Immigration-Related Employment Practices Complaint Form

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	38	26	0	12	0	0
Annual Time Burden (Hours)	38	26	0	12	0	0
Annual Cost Burden (Dollars)	954	260	0	694	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The burden increased due to adjustments in agency estimates. Specifically, the burden increased due to an observed increase in the average number of forms received annually as well as increases in printing, mailing, processing, and maintenance costs.

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Annual Cost to Federal Government: $1,459

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/07/2025

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