Notice2025-15002
Agency Information Collection Activities; Proposed eCollection eComments Requested; Title-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
August 7, 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 (ICR) 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 150 (Thursday, August 7, 2025)</title>
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[Federal Register Volume 90, Number 150 (Thursday, August 7, 2025)]
[Notices]
[Pages 38180-38181]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15002]
[[Page 38180]]
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DEPARTMENT OF JUSTICE
[OMB Number 1125-0016]
Agency Information Collection Activities; Proposed eCollection
eComments Requested; Title--Unfair Immigration-Related Employment
Practices Complaint Form (Form EOIR-58)
AGENCY: Executive Office for Immigration Review, Department of Justice.
ACTION: 30-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 (ICR) 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 30 days until
September 8, 2025.
FOR FURTHER INFORMATION CONTACT: If you have 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#450f3036312c2b206b03302224053036212a2f6b222a33"><span class="__cf_email__" data-cfemail="d298a7a1a6bbbcb7fc94a7b5b392a7a1b6bdb8fcb5bda4">[email protected]</span></a>,
<a href="/cdn-cgi/l/email-protection#4d2822243f633d3f2c632e2220202823393e0d383e292227632a223b"><span class="__cf_email__" data-cfemail="284d47415a06585a49064b4745454d465c5b685d5b4c4742064f475e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The proposed information collection was
previously published in the Federal Register on June 5, 2025, allowing
a 60-day comment period.
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;
--Enhance 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.
Written comments and recommendations for this information
collection should be submitted within 30 days of the publication of
this notice on the following website <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Find this particular information collection by selecting ``Currently
under 30-day Review--Open for Public Comments'' or by using the search
function and entering either the title of the information collection or
the OMB Control Number 1125-0016. This ICR may be viewed at
<a href="http://www.reginfo.gov">www.reginfo.gov</a>. Follow the instructions to view Department of Justice
information collections currently under review by OMB.
DOJ seeks PRA authorization for this information collection for
three (3) years. OMB authorization for an ICR cannot be for more than
three (3) years without renewal. The DOJ notes that information
collections submitted to the OMB for existing ICRs receive a month-to-
month extension while they undergo review.
Overview of This Information Collection
1. Type of Information Collection: Extension and Revision of a
previously approved collection.
2. Title of the Form/Collection: Unfair Immigration-Related
Employment Practices Complaint Form.
3. Agency form number, if any, and the applicable component of the
Department of Justice 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 a brief abstract:
Affected Public: Individuals who wish to file a complaint alleging
unfair immigration-related employment practices under INA Sec. 274B.
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 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 Sec.
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 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 of 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.
5. Obligation to Respond: The information collected by this form is
required to file a complaint under INA Sec. 274B. However, using this
form is voluntary and individuals may alternatively file a written
submission alleging unfair immigration-related employment practices
under INA Sec. 274B, provided that the alternative submission format
meets the requirements for OCAHO complaints as set forth in 28 CFR
68.7.
6. Total Estimated Number of Respondents: 38.
7. Estimated Time per Respondent: 60 minutes (1 hour).
8. Frequency: Once a year.
9. Total Estimated Annual Time Burden: 38 hours.
10. Total Estimated Annual Other Costs Burden: 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
[[Page 38181]]
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, Policy and Planning Staff, Justice
Management Division, United States Department of Justice, Two
Constitution Square, 145 N Street NE, 4W-218 Washington, DC 20530.
Dated: August 5, 2025.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2025-15002 Filed 8-6-25; 8:45 am]
BILLING CODE 4410-30-P
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</html>Indexed from Federal Register on August 7, 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.