Notice2025-10220
Agency Information Collection Activities; Proposed Collection eComments Requested; Extension/Revision of a Previously Approved Collection; Unfair Immigration-Related Employment Practices Complaint Form (Form EOIR-58)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 5, 2025
Issuing agencies
Justice Department
Abstract
The Executive Office for Immigration Review (EOIR), Department of Justice (DOJ), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Full Text
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<title>Federal Register, Volume 90 Issue 107 (Thursday, June 5, 2025)</title>
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[Federal Register Volume 90, Number 107 (Thursday, June 5, 2025)]
[Notices]
[Pages 23960-23961]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10220]
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DEPARTMENT OF JUSTICE
[OMB Number 1125-0016]
Agency Information Collection Activities; Proposed Collection
eComments Requested; Extension/Revision of a Previously Approved
Collection; Unfair Immigration-Related Employment Practices Complaint
Form (Form EOIR-58)
AGENCY: Executive Office for Immigration Review, Department of Justice.
ACTION: 60-Day notice.
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SUMMARY: The Executive Office for Immigration Review (EOIR), Department
of Justice (DOJ), will be submitting the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995.
DATES: Comments are encouraged and will be accepted for 60 days until
August 4, 2025.
FOR FURTHER INFORMATION CONTACT: If you have additional comments,
especially on the estimated public burden or associated response time,
suggestions, or need a copy of the proposed information collection
instrument with instructions or additional information, please contact
Justine Fuga, Associate General Counsel, Office of the General Counsel,
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite
2600, Falls Church, VA 22041, telephone: (703) 305-0265,
<a href="/cdn-cgi/l/email-protection#f8b28d8b8c91969dd6be8d9f99b88d8b9c9792d69f978e"><span class="__cf_email__" data-cfemail="9fd5eaecebf6f1fab1d9eaf8fedfeaecfbf0f5b1f8f0e9">[email protected]</span></a>, <a href="/cdn-cgi/l/email-protection#2c4943455e025c5e4d024f4341414942585f6c595f484346024b435a"><span class="__cf_email__" data-cfemail="d1b4beb8a3ffa1a3b0ffb2bebcbcb4bfa5a291a4a2b5bebbffb6bea7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Written comments and suggestions from the
public and affected agencies concerning the proposed collection of
information are encouraged. Your comments should address one or more of
the following four points:
--Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility;
--Evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
--Evaluate the quality, utility, and clarity of the information to be
collected; and/or
--Minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Abstract: Section 274B of the Immigration and Nationality Act (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 right 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 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. 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.
Overview of This Information Collection
1. Type of Information Collection: Extension and Revision of a
previously approved collection.
2. The Title of the Form/Collection: Unfair Immigration-Related
Employment Practices Complaint Form.
3. The agency form number, if any, and the applicable component of
the Department sponsoring the collection: The form number is EOIR-58,
and the sponsoring DOJ component is EOIR.
4. Affected public who will be asked or required to respond, as
well as the obligation to respond: Affected Public are individuals who
wish to file a complaint alleging unfair immigration-related employment
practices under INA section 274B. Individuals are obligated to respond
to obtain/retain a benefit. However, using this form is voluntary and
individuals may alternatively file a written submission alleging unfair
immigration-related employment practices under INA section 274B,
provided that the alternative submission format meets the requirements
for OCAHO complaints as set forth in 28 CFR 68.7. The Form
[[Page 23961]]
EOIR-58 is simply an optional form provided by OCAHO to guide potential
complainants and their representatives to provide the information
necessary to satisfy the requirements of 28 CFR 68.7.
5. An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: It is estimated
that 38 respondents will complete the form annually with an average of
1 hour per response.
6. An estimate of the total annual burden (in hours) associated
with the collection: The total annual burden hours for this collection
is 38 hours.
Total Burden Hours
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Number of Frequency Total annual Time per Total annual
Activity respondents (annually) responses response burden (hours)
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EOIR-58............................................................ 38 1 38 60 38
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7. An estimate of the total annual cost burden associated with the
collection, if applicable: The total maximum estimated cost burden to
the public associated with this collection is $3,715.26. While
respondents may submit the Form EOIR-58 to OCAHO via email, which would
result in no filing fee, printing, or mailing costs to the respondent,
most filed Forms EOIR-58 are submitted to OCAHO by United States mail.
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 response. The current
Priority Mail postage cost to mail one complete Form EOIR-58 package is
estimated at $10.10. There are no filing fees for EOIR-58. There are no
labor costs for unrepresented (pro se) individuals because the form may
be completed solely by the individual. However, if an individual
chooses to obtain representation to complete and file the Form EOIR-58,
the cost to the individual will include the average hourly wage for
attorneys based on the U.S. Bureau of Labor Statistics average estimate
of $72.67 per hour for every hour the attorney spends completing the
form. Therefore, the maximum total estimated cost burden to the public
is $3,715.26 (($15.00 + $10.10 + $72.67) x 38 responses). EOIR OCAHO
continues to work towards implementing full electronic processing with
the anticipated implementation of its electronic filing system, which
would eliminate the copying and postage costs for filing this form.
Until the OCAHO electronic filing system is fully implemented, the
affected public may avoid these costs by submitting the Form EOIR-58
via email.
If additional information is required contact: Darwin Arceo,
Department Clearance Officer, United States Department of Justice,
Justice Management Division, Policy and Planning Staff, Two
Constitution Square, 145 N Street NE, 4W-218, Washington, DC.
Dated: June 2, 2025.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2025-10220 Filed 6-4-25; 8:45 am]
BILLING CODE 4410-30-P
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</html>Indexed from Federal Register on June 5, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.