EOIR-58_SUPPORTING-STATEMENT_FINAL_signed

SUPPORTING STATEMENT
OMB No. 1125-0016
Unfair Immigration-Related Employment Practices Complaint Form
Form EOIR-58
______________________________________________________________________________
Part A. Justification
1. Necessity of Information Collection – The Executive Office for Immigration Review
(EOIR) seeks reauthorization and revision of a previously approved collection
(OMB#1125-0016) for individuals seeking to file a complaint with the Office of the
Chief Administrative Hearing Officer (OCAHO) alleging unfair immigration-related
employment practices under Section 274B of the Immigration and Nationality Act
(INA) (8 U.S.C. § 1324b). 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 over-documentation by the employer,
which occurs when the employer asks an applicant or employee for more or different
documents than are required for employment eligibility verification under INA §
274A, with the intent of discriminating against the employee based on the employee’s
national origin or citizenship status. Individuals who believe that they have suffered
discrimination in violation of section 274B may file a charge with the Department of
Justice, Immigrant and Employee Rights Section (IER). The IER then has 120 days to
determine whether to file a complaint with OCAHO on behalf of the individual
charging party. If the IER chooses not to file a complaint, the individual may then file
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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. Form EOIR-58
will elicit, in a uniform manner, all the required information for OCAHO to assign a
section 274B complaint to an Administrative Law Judge (ALJ) for adjudication.
Non-substantive revisions are being made throughout the form and instructions to
improve formatting, clarity, and grammar. EOIR has also made changes updating the
IER mailing address, revising the Privacy Act notice to include a citation to
OCAHO’s System of Record Notice (SORN), and revising the amount of time
estimated to complete the form. Additionally, to account for anticipated expansion of
electronic filing capabilities in the future, EOIR is also revising the instructions to
clarify differences in filing procedures for those forms filed by mail versus forms
filed electronically.

2. Needs and Uses - The form is filed and considered in the context of an immigrationrelated unfair employment practices proceeding against an employer pursuant to INA
§ 274B. Accordingly, the ALJ considers the information contained in the form to the
extent necessary to process the complaint and determine appropriate future action in
the case. Use of Form EOIR-58 ensures complete collection of necessary information,
allowing EOIR to more effectively evaluate the merits of section 274B complaints
and to timely process them. Moreover, the form provides a helpful, clear, and concise
summary of the steps for preparing and filing a Section 274B complaint.

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3. Use of Technology - The use of this form provides the most efficient means for
collecting and processing the required data. Form EOIR-58 will be available on
EOIR’s website for completion and printing. Following the successful pilot program
and electronic filing system in cases filed with OCAHO, see http://go.usa.gov/8wEP,
EOIR sought and has received approval to implement the permanent electronic filing
system. See OMB No. 1125-0019 (expires Sept. 30, 2027). EOIR is working closely
with its Office of Information Technology to launch the electronic filing system, and
once deployed, complainants will have the ability to electronically file their
complaints. Currently, an applicant may type the requested information into the
online form and then print it for submission to EOIR, or an applicant may print the
blank form in its entirety and complete it by writing legibly.

4. Efforts to Identify Duplication – The Form EOIR-58 is the only form for filing a
Section 274B complaint alleging unfair immigration-related employment practices by
an employer. A review of EOIR’s existing forms revealed no duplication of effort,
and there is no similar information currently being collected which can be used for
this purpose.

5. Impact on Small Businesses - This collection has a minor impact on small businesses
or other small entities to the extent that complainants employ practitioners in filing
their complaint alleging unfair immigration-related employment practices under INA
§ 274B. However, this collection does not impose undue burden on the small
businesses or other entities. The form requires no filing fee and EOIR estimates that
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the form takes sixty minutes (1 hour) to complete. In addition, the requested
information is needed to process the Section 274B complaint and determine
appropriate future action in the case.

6. Consequences of Less Frequent Collection - Failure to collect this information would
inhibit an individual’s ability to file a complaint regarding an employer’s alleged
unfair immigration-related employment practices. It would also substantially hinder
EOIR’s ability to effectively adjudicate cases under INA § 274B.

7. Special Circumstances Influencing Collection – This collection requires respondents
to submit more than an original and two copies. For a complaint filed under INA §
274B, implementing federal regulation requires the respondent to file an original and
four copies of the complaint with the Chief Administrative Hearing Office. See 28
C.F.R. § 68.6(a).

8. Federal Register Publication and Consultation - A 60-day notice covering this
collection was published in the Federal Register on June 5, 2025 (90 FR 23960).
EOIR received one public comment during the 60-day comment period, discussed
below.

Comment: One commenter suggested (1) amendments to INA § 274B and (2) that
EOIR is placing too much emphasis on the costs imposed by this information
collection on form respondents without U.S. citizenship status.
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Response: Related to statutory amendments, EOIR is not authorized to amend the
statutory text of INA § 274B. Related to the estimated public costs, EOIR is required
by the Paperwork Reduction Act and implementing regulations (5 C.F.R. Part 1320)
to provide an estimate for the total annual cost burden to respondents resulting from
the collection; such estimates should take into account costs associated with
generating, maintaining, and disclosing or providing the information. There are
printing and postage costs associated with generating and providing the form because
EOIR regulations permit respondents to submit the form and attachments by mail or
hand delivery. See 28 C.F.R. §§ 68.3, 68.5. Both filing methods require printing, and
mailed filings require postage. The filing requirements apply regardless of the
respondent’s citizenship status, and EOIR must therefore consider the associated
printing and postage costs in calculating the total annual cost burden to respondents.
EOIR notes that printing and postage costs will be eliminated when the agency
implements the electronic filing portal.

A 30-day notice covering this collection was published in the Federal Register on
August 7, 2025 (90 FR 38180). If any additional comments are received, they will be
considered and incorporated where appropriate.

9. Payment or Gift to Claimants - EOIR does not provide any payment or gifts to
individuals in exchange for the information provided in Form EOIR-58.

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10. Assurance of Confidentiality – EOIR’s Office of the Chief Administrative Hearing
Officer maintains the original complaint. EOIR staff members who process the
complaint may access the Form EOIR-58. To the extent permitted by law, EOIR
protects the confidentiality of the contents of Form EOIR-58 and its attachments.
EOIR would release information in accordance with the Privacy Act, including the
applicable System of Records Notice(s), and the Freedom of Information Act.

11. Justification for Sensitive Questions - Any question that inquires into matters
commonly considered as private is necessary for the Administrative Law Judge to
adjudicate a section 274B complaint regarding alleged unfair immigration-related
employment practices.

12. Estimate of Hour Burden
a. Number of Respondents

38

b. Number of Responses per Respondent

1

c. Total Annual responses

38

d. Hours per response

1 hour

e. Total annual hourly reporting burden

38

The total annual reporting burden is derived by multiplying the average number of
respondents (38) by the frequency of response (1) by the number of hours per
response (1 hour): 38 respondents x 1 response per respondent x 1 hour per
respondent = 38 burden hours.
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13. Estimate of Cost Burden - There are no capital or start-up costs associated with this
information collection. There are also no fees associated with filing this information
collection. For those respondents who proceed without an attorney, there are no
external labor costs for pro se individuals because the application may be completed
solely by the individual. Currently, most filed Forms EOIR-58 are submitted to
OCAHO by United States mail (only some respondents are eligible for email filing
under the OCAHO pilot electronic filing program). The average Form EOIR-58
submission consists of 150 pages (five copies of the application and supporting
evidence including the IER complaint and IER letter informing the individual that
they may file Form EOIR-58 with OCAHO) at an estimated average printing cost of
ten cents per page for a total print cost of $15.00 per submission. The 2025 estimated
postage cost to mail the complete Form EOIR-58 package using Priority Mail
envelopes is $10.10. The total cost for a pro se individual to file Forms EOIR-58 is
$25.10. The total cost burden for these pro se respondents is $953.80 based on 38
respondents multiplied by $25.10. If an individual chooses to obtain representation to
file their EOIR-58 with OCAHO, the total cost to the individual will include the
average hourly wage for attorneys for every hour spent completing the form.
Currently, the Bureau of Labor Statistics reports that the median hourly wage for
lawyers is $72.67 per hour. EOIR OCAHO continues to work towards implementing
full electronic processing with the anticipated implementation of its electronic portal,
which would eliminate the copying and postage costs for filing this Form.

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14. Estimated Cost to Federal Government - It is estimated that the annual government
cost for printing, distributing, filing, processing and maintaining the Form EOIR-58 is
$1,813.92.

15. Reasons for Change in Burden – There is an increase in the costs and burdens to the
affected public due to an increase in the average annual number of responses received
and an increase in printing and mailing costs. There is an increase in the estimated
cost to the federal government due to an increase in the costs associated with
processing and maintaining the Form EOIR-58.

16. Plans for Publication - EOIR does not intend to employ the use of statistics or the
publication thereof for this collection of information.

17. Display of Expiration Date - EOIR plans to include the expiration date for OMB
approval of the information collection.

18. Exceptions to Certification Statement - EOIR does not request an exception to the
certification of this information collection.

Section B. Collection of Information Employing Statistical Methods
This collection does not employ statistical methods.

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PAPERWORK CERTIFICATION

In submitting this request for OMB approval, I certify that the requirements of the Privacy Act
and OMB directives have been complied with, including paperwork regulations, any applicable
statistical standards or directives, and any other information policy directives promulgated under
5 CFR § 1320.

JUSTINE FUGA

Digitally signed by JUSTINE
FUGA
Date: 2025.08.07 09:06:00 -04'00'

Justine Fuga
Associate General Counsel
Executive Office for Immigration Review

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