Cover Image

Department of Justice Requests Comments on Unfair Immigration-Related Employment Practices Complaint Form

Estimated reading time: 3-5 minutes

The Executive Office for Immigration Review (EOIR) of the Department of Justice (DOJ) has released a notice about the Unfair Immigration-Related Employment Practices Complaint Form, known as Form EOIR-58.

EOIR plans to submit this information collection request to the Office of Management and Budget (OMB). This submission is part of the review process required by the Paperwork Reduction Act of 1995.

The Department is encouraging public comments on this collection until August 4, 2025. People can comment on the following points:

  • Is the form needed for the work of the agency?
  • Is the estimate of the time to complete the form accurate?
  • Is the information collected clear and useful?
  • Can the burden on people filling out the form be reduced by using technology?

What Does the Form Do?

Section 274B of the Immigration and Nationality Act (INA) prohibits job discrimination based on citizenship or national origin. It also prohibits employers from taking action against someone for using their rights, or from asking workers for more or different documents than needed in a way that leads to discrimination.

People who think their rights were violated can file a charge with the DOJ Immigrant and Employee Rights Section (IER). IER has 120 days to decide whether to file a complaint with the EOIR Office of the Chief Administrative Hearing Officer (OCAHO). If IER does not file, the person can file their own complaint with OCAHO using Form EOIR-58.

Changes to the Form

The DOJ is making updates to the form and instructions. Changes are non-substantive and aim to improve clarity, formatting, and grammar. The IER mailing address has been updated. The Privacy Act notice now mentions OCAHO’s System of Record Notice (SORN). The estimated time to complete the form has been revised. The instructions now explain differences between filing by mail and electronically, in preparation for expanded electronic filing options.

Who Uses the Form?

The people who use this form are individuals who want to report unfair immigration-related job practices under INA section 274B. Filling out the form is voluntary. People may also submit a complaint in writing if it meets the requirements in 28 CFR 68.7.

Burden Estimates

  • Estimated number of respondents yearly: 38
  • Estimated time to complete the form: 1 hour each
  • Total annual burden: 38 hours

Cost Estimates

  • No filing fees for Form EOIR-58
  • Printing cost: About $15.00 per response (5 copies, average 150 pages at 10 cents per page)
  • Postage cost (Priority Mail): About $10.10 per response
  • Attorney cost if legal help is used: Average attorney wage is $72.67 per hour (according to U.S. Bureau of Labor Statistics)
  • Maximum total estimated cost to the public: $3,715.26 (($15.00 + $10.10 + $72.67) x 38 responses)

People who submit the form by email will not have printing or mailing costs. Most people send the form to OCAHO by U.S. mail. EOIR is working to fully implement electronic filing. Once available, this will eliminate printing and mailing costs for these forms.

Contact for More Information

For more details or a copy of the proposed form and instructions, contact Justine Fuga, Associate General Counsel, EOIR, at 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041, or by calling (703) 305-0265.

For additional information, contact Darwin Arceo, Department Clearance Officer, Justice Management Division, Department of Justice, Two Constitution Square, 145 N Street NE, 4W-218, Washington, DC.

Publication Information

This notice was dated June 2, 2025, and appeared in the Federal Register on June 5, 2025, Volume 90, Issue 107, Pages 23960-23961.

BILLING CODE 4410-30-P


Legal Disclaimer

This article includes content collected from the Federal Register (federalregister.gov). The content is not an official government publication. This article is for informational purposes only and does not constitute legal advice. For case-specific consultation, please contact us. Read our full Legal Disclaimer, which also includes information on translation accuracy.