eFiling-OCAHO Supporting Statement PRA 2020

SUPPORTING STATEMENT
OMB No. 1125-xxxx
Office of the Chief Administrative Hearing Officer E-Filing Portal
Part A. Justification
1. Necessity of Information Collection – Administrative Law Judges (ALJs) in the Office
of Chief Administrative Hearing Officer (OCAHO) adjudicate immigration-related employment
cases arising under sections 274A, 274B, and 274C of the Immigration and Nationality Act
(Act). These cases begin with the filing of a complaint. In cases arising under section 274A of
the Act, the complainant is the Department of Homeland Security (DHS), Immigration and
Customs Enforcement (ICE), and the respondent is typically a private business or employer. In
cases arising under section 274B of the Act, the complainant may be the Immigrant and
Employee Rights Section in the Civil Rights Division of the Department of Justice, or an
individual or entity, and the respondent is a business or employer. In cases arising under section
274C of the Act, the complainant is DHS ICE, and the respondent is an individual or employer.
Once a complaint is filed, the case is assigned to an ALJ, and the respondent is given an
opportunity to file an answer to the complaint. After a complaint is filed, the parties may file
prehearing statements, engage in discovery, attempt to negotiate settlement, and file a wide range
of motions and requests. During this process, OCAHO ALJs may issue a number of different
orders, including orders resolving discovery disputes and orders responding to motions and
requests filed by the parties. Cases may proceed to a full evidentiary hearing, or may be resolved
by settlement or by a dispositive motion. In every case, the ALJ will issue a final order. Final
orders issued by the ALJs in cases arising under sections 274A and 274C of the Act may be

reviewed by the Chief Administrative Hearing Officer (CAHO) and/or the Attorney General. All
final Agency orders may be appealed to the appropriate United States Circuit Court of Appeals.
Except for cases enrolled in OCAHO’s email filing pilot program, see 79 FR 31143,
documents filed in OCAHO cases are typically filed by mail or delivery service. Similarly,
decisions, notices, and orders issued by OCAHO ALJs and the CAHO are served on the parties
by certified or first class mail. In order to improve the efficient adjudication of OCAHO cases
and reduce the printing, copying, and mailing costs (for both OCAHO and the parties) associated
with OCAHO cases, OCAHO is implementing a new electronic case management system that
will include a web-based electronic filing portal.
The portal will allow parties in OCAHO cases to file complaints electronically, request
electronic access to a case to which they are a party, file motions and requests electronically, and
receive service of orders and decisions from OCAHO by email. In order to utilize the portal,
parties will need to register for an account by providing their name, street address, telephone
number, and email address. Once a user is registered, he or she will be able to file a new
complaint, file documents related to an ongoing case before OCAHO, and track the status of the
user’s active cases. The portal will also include fully electronic versions of OCAHO’s two preexisting forms (Form EOIR-58, Unfair Immigration-Related Employment Practices Complaint
Form (OMB #1125-0016), and EOIR-30, OCAHO Subpoena Form). The electronic versions of
those forms will collect the same information collected by the existing paper versions.
2. Needs and Uses – Registration for and creation of an account in this electronic filing
portal will allow the parties and their representatives to file, receive, and review complaints and
other documents pertaining to their cases that are pending before the ALJs of the OCAHO. The
parties and their representatives will only be able to access and view information and documents

relating to their own, but not others’, cases. Creation of an account in and use of this electronic
filing portal is entirely voluntary. The portal is created for the convenience of the parties
appearing before the ALJs of the OCAHO, with the goal of reducing costs and resources
required during the course of proceedings. Information collected as part of this electronic filing
program will enable OCAHO to ensure that only authorized parties and their representatives will
have access to information and documents pertaining to their specific cases. Information
collected will also enable OCAHO to identify and categorize new cases and filings to facilitate
the efficient adjudication of OCAHO cases.
3. Use of Technology – Creation of an account in and use of this electronic portal consist
of submission of the required information through electronic means on a web-based portal
created solely for that purpose, and of subsequent access to user-specific case information. The
need to complete, print, and submit a printed version of the required information and relevant
documents is eliminated, thus reducing the time and resources needed to engage in the
adjudication process before OCAHO.
4. Efforts to Identify Duplication – The only way by which a party can create an account
in and utilize the electronic filing portal is by completing the required information in the webbased portal. There is no duplication of effort or information in that registration for the webbased account serves as the only means for gaining access to the relevant information for cases
pending before OCAHO in electronic form.
5. Impact on Small Businesses – This collection has a minor impact on small businesses
or other small entities to the extent they employ attorneys or accredited representatives who
represent parties in proceedings before OCAHO. The electronic filing portal is designed to be
easily understood and completed by the parties and their attorneys and representatives. The

burden associated with creating an account is small and estimated to take only a few minutes of
time to enter the required information. Furthermore, the pages and screens for submitting
complaints, requesting access to a case file, and submitting motions and other documents will
similarly take only a few minutes to complete. Individuals creating an account and filing
complaints and other documents in the portal will benefit by gaining access to OCAHO case
filing system and will be able to quickly and easily file, receive, and review documents and
orders pertaining to their cases. As such, the benefits associated with creating an account in the
electronic filing system, including convenient and speedy access to case information, will greatly
outweigh the burden of entering the required information to create an account.
6. Consequences of Less Frequent Collection – Collection of the initial registration
information will ordinarily occur only once for each individual, and/or for his or her attorney or
representative. Subsequently, portal registration information will only be collected when the
relevant data needs to be modified, changed, or updated, such as with an individual’s name,
address, email, or continued ability to practice before OCAHO. Information regarding filing
complaints and motions or other documents would be collected only as necessary when each
party elects or is required to file a particular document as part of the adjudication process.
Failure to collect this data would deprive individuals of the ability to participate in case
adjudication before OCAHO in electronic form.
7. Special Circumstances Influencing Collection – An attorney or representative will
generally have to respond to the portal registration information collection only once. However,
an attorney or representative may respond more than quarterly if any of the initially submitted
information has changed. Individuals may respond to certain other portions of the portal

information collection more than once throughout the lifetime of a case, but only as necessary to
submit new complaints, or new filings in an ongoing case.
8. Federal Register Publication and Consultation – A 60-day notice covering this
collection was published in the Federal Register on March 19, 2018. See 83 FR 12029
(March 19, 2018). Subsequently, a 30-day notice covering this collection will be published in
the Federal Register. Copies of these notices will be provided in ROCIS. If comments are
received, they will be considered and incorporated where appropriate.
9. Payment or Gift to Claimants – EOIR does not provide any payments or gifts to
individuals in exchange for the information provided.
10. Assurance of Confidentiality – All information requested and obtained is collected in
accordance with the Privacy Act as a new system of records. EOIR maintains the information
provided in electronic form, and only EOIR staff members who are authorized to review and
process the information may access it. Once the information is entered and processed in the
electronic database system, only those persons with a valid identification, password, and
permission created and maintained by EOIR are authorized to access it. EOIR would only
release this information in accordance with the Privacy Act and Freedom of Information Act.
11. Justification for Sensitive Questions – There are no sensitive questions being asked in
this information collection.
12. Estimate of Hour Burden
a. Number of Respondents
b. Number of Responses per Respondent

69
1

c. Total Annual Responses

69

d. Hours per Response

10 min.

e. Total Annual Hourly Reporting Burden

18 hours

The total annual reporting burden is derived by multiplying the number of respondents
(69) by the frequency of response (1) by the number of hours/minutes per response (10 minutes):
69 respondents x 1 response per respondent x 10 minutes per respondent = 11.7 hours rounded to
18 hours.
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. The
estimated public cost is a maximum of $1,064. This amount is reached by multiplying the
burden hours (18) by $59.11, which represents the current median hourly wage for attorneys, as
set by the Bureau of Labor Statistics. $1,064 represents the maximum estimate of cost burden, if
the respondent hires an attorney. For those respondents who complete this information
collection without an attorney, there is an estimated cost of $10 per hour for completing the form
(the individual’s time and supplies) in lieu of attorney cost.
14. Estimated Cost to Federal Government – EOIR intends to use existing hardware to
implement account creation and registration and to process other filings within the portal. Since
this registration will only need updating when the registrant changes address or other relevant
information, the cost of implementing and administering this registration will be part of the
routine business activity taking place while a case is being adjudicated before OCAHO. It is
estimated that the annual government cost for processing this registration is $1,482.09; annual
maintenance on the system is expected to cost $23,160.
15. Plans for Publication – The information from this collection will be used internally to
create user accounts and facilitate adjudication of cases before OCAHO. At this time, there are
no plans to publish the information subject to this information collection.

16. Exceptions to the Certification Statement – EOIR does not request an exception to
the certification of this information collection.
Part B. Collection of Information Employing Statistical Methods
This collection does not employ statistical methods.

CHRISTINA
BAPTISTA

Digitally signed by CHRISTINA
BAPTISTA
Date: 2020.12.21 10:01:25 -05'00'

_____________________
Christina Baptista
Senior Counsel for Immigration
Executive Office for Immigration Review

__________________
Date