60 day FR notice

DEPARTMENT OF JUSTICE
Executive Office for Immigration Review (EOIR)
OMB Number 1125-0016
Agency Information Collection Activities; Proposed Collection; Comments Requested;
Reinstatement, with change, of a currently approved collection
AGENCY: Executive Office for Immigration Review, Department of Justice
ACTION: Notice.
SUMMARY: The Department of Justice, Executive Office for Immigration Review, is 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: The Department of Justice encourages public comment and will accept input until [INSERT
DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]
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 Lauren
Alder Reid, Chief, Immigration Law Division, Office of Policy, Executive Office for Immigration
Review, 5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041, telephone: (703) 305-0289.
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 Executive Office for Immigration Review, 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 whether and if so how the quality, utility, and clarity of the information to be collected
can be enhanced; and
- 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.
OVERVIEW OF THIS INFORMATION COLLECTION:
1. Type of Information Collection: Reinstatement, with change, of a currently 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: Form EOIR-58. The applicable component within the Department of Justice is the
Office of the Chief Administrative Hearing Officer (OCAHO), Executive Office for Immigration
Review.
4. Affected public who will be asked or required to respond, as well as a brief abstract: Individuals
who wish to file a complaint alleging unfair immigration-related employment practices under
section 274B of the Immigration and Nationality Act (INA). Other: None. 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 overdocumentation 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 Department of Justice,
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 will elicit, in a uniform manner, all of the required information for OCAHO to
assign a section 274B complaint to an Administrative Law Judge for adjudication.
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 23 respondents will complete the form
annually; each response will be completed in approximately 30 minutes.
6. An estimate of the total public burden (in hours) associated with the collection: 11.5 hours.
If additional information is required contact: Melody Braswell, Department Clearance Officer,
United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two
Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530.
Dated: [To be completed by Department Clearance Officer]
Melody Braswell,
Department Clearance Officer for PRA,
U.S. Department of Justice.
Billing Code: 4410-30