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

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On August 7, 2025, the U.S. Department of Justice (DOJ) announced a request for public comments on the “Unfair Immigration-Related Employment Practices Complaint Form,” known as Form EOIR-58. The notice was published in the Federal Register, Volume 90, Number 150.

Purpose of the Form

Form EOIR-58 is used by people who want to file a complaint about unfair immigration-related employment practices. These practices include discrimination based on citizenship status or national origin, retaliation or intimidation by employers, and “document abuse” during the hiring process. Document abuse means asking for more or different papers than needed to prove permission to work in the United States, if the reason is to discriminate.

How the Complaint Process Works

If someone thinks they have faced discrimination under Section 274B of the Immigration and Nationality Act (INA), they can file a charge with the DOJ Immigrant and Employee Rights Section (IER). The IER has 120 days to decide if it will file a complaint with the Office of the Chief Administrative Hearing Officer (OCAHO) for the person. If not, the individual may file their own complaint with OCAHO using Form EOIR-58.

This form gathers all the information needed so OCAHO can assign the complaint to an Administrative Law Judge. Non-substantive changes have been made to the form and instructions to help with clarity and formatting. The IER’s mailing address and the Privacy Act notice were also updated. The time estimate for filling out the form has been revised.

Obligation to Respond

Filling out Form EOIR-58 is not required, but it is needed if a person wants to file a complaint under INA Section 274B. Alternatively, a written statement can be sent if it meets the rule requirements in 28 CFR 68.7.

Key Details About the Form and Costs

  • Number of Respondents Each Year: Around 38 individuals are expected to fill out the form each year.
  • Time to Complete: Each person takes about 1 hour to fill in the form.
  • How Often: Once a year.
  • Total Annual Time: 38 hours in total.
  • Cost: The estimated cost for filing by mail is about $25.10 per response ($15.00 for printing and $10.10 for mailing), with no fees for submitting by email. If someone uses an attorney, the cost may increase by $72.67 per hour for legal help. The maximum estimated cost to the public for all responses is $3,715.26. There are no labor costs for people who fill the form themselves.

Most people currently mail the form to OCAHO, but it can also be submitted by email. The DOJ is working to add full electronic filing, which would remove the needs for printing and postage costs.

Submitting Comments

Comments are open until September 8, 2025. People can visit www.reginfo.gov/public/do/PRAMain to submit their thoughts. They can find the form by selecting “Currently under 30-day Review–Open for Public Comments,” or searching for the title or OMB Control Number 1125-0016.

The DOJ asks for public input on:

  • If the collection of information is needed and useful.
  • If the estimated time and burden are correct.
  • How the form and instructions can be clearer.
  • How to reduce the time or cost for people filling out the form, including better use of technology.

Additional Information

If you need more information, you can contact Justine Fuga at the Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041, or call (703) 305-0265.

For other questions, contact Darwin Arceo, Policy and Planning Staff, Justice Management Division, U.S. Department of Justice.

Key Dates

  • Notice published: August 7, 2025.
  • Comments due: September 8, 2025.

This notice provides an opportunity for the public and agencies to give feedback before the form is approved for use through August 2028, as required by the Paperwork Reduction Act.


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