EOIR-27 SUPPORTING STATEMENT 2023_final_8-1-23

SUPPORTING STATEMENT
1125-0005 Notice of Entry of Appearance as Attorney or Representative
Before the Board of Immigration Appeals (Form EOIR-27)
______________________________________________________________________________
Part A. Justification
1. Necessity of Information Background. The Department has detailed regulations regarding the
representation of private parties before the Board of Immigration Appeals (Board) and
the Immigration Courts. A noncitizen in removal proceedings may be represented by an
individual authorized to practice before the Board and the Immigration Courts. See
Immigration and Nationality Act (INA) §§ 240(b)(4)(A), 292, 8 U.S.C. §§
1229a(b)(4)(A), 1362 (2006); 8 C.F.R. §§ 1003.16(b), 1003.38(g) (2009). If a noncitizen
desires to be represented before the Board by an attorney or representative or if EOIR has
ordered the provision of a qualified representative, the attorney or representative must
inform the Board that s/he is entering an appearance on behalf of that noncitizen. If an
individual or party otherwise appearing before the Board desires to be represented – for
example, in an appeal from a visa petition case, a carrier fine or a practitioner disciplinary
proceeding – the attorney or representative must inform the Board that s/he is entering an
appearance on behalf of that party. The practitioner of record must file a Notice of Entry
of Appearance as Attorney or Representative Before the Board of Immigration Appeals
(Form EOIR-27) to notify the Board of the representation. See 8 C.F.R. §§ 1003.2(g)(1),
1003.38(g). The Form EOIR-27 is also served on the relevant agency of the Department
of Homeland Security (DHS) – U.S. Immigration and Customs Enforcement or the U.S.
Citizenship and Immigration Services – or the EOIR Disciplinary Counsel, as applicable.
1

Information Collection. The Form EOIR-27 collects basic information about the
represented party and the practitioner of record. With respect to the represented party,
the party’s name, address, and identifying alien (A) number, where applicable, must be
provided. The practitioner of record also must enter, as applicable, the carrier fine
number, the docket number for a disciplinary case, or the A-number and name for
beneficiaries of visa petition cases.
With respect to the practitioner of record, the form requires information – in the
form of check boxes – about the type of representation, i.e., attorney, accredited
representative, law student or law graduate, reputable individual, accredited foreign
government official, or individual authorized to practice on December 23, 1952.
If the individual submitting the form is an attorney, the Form EOIR-27 collects
information about bar membership and standing with the bar. For example, the Form
EOIR-27 requires the attorney to indicate whether he or she is subject to any order of any
court or administrative agency disbarring, suspending, enjoining, restraining, or
otherwise restricting him or her in the practice of law. If the attorney is subject to such
an order, s/he is instructed not to check the box indicating that s/he is an attorney and,
instead, to explain the details of such order on the reverse of the form. If the individual is
an accredited representative, as defined in 8 C.F.R. § 1292.1(a)(4), s/he must provide the
name of the recognized organization with which s/he is accredited. If the individual is an
accredited foreign government official, the individual must indicate which country s/he is
from.
For all representatives, whether attorney or non-attorney, the Form EOIR-27 also
collects information about representation status. Specifically, a practitioner must indicate
whether s/he is the primary or non-primary attorney/representative and must also denote

whether s/he is providing pro bono representation.
For clarity, EOIR has made several non-substantive changes to the current Form
EOIR-27. First, EOIR has deleted the word “parties” on the first page, so that the
available space will be used to indicate the A-number of the represented party. Second,
EOIR added to the text for the checkbox applicable to a reputable individual to make
clear that the individual must confirm that s/he satisfies the regulatory criteria at 8 C.F.R.
§ 1292.1(a)(3). Third, EOIR updated the information regarding how to obtain automated
case information by inserting the website address and deleting the toll number while
maintaining the toll-free number. Lastly, the revision date of the form has been updated.
In addition to the non-substantive changes described above, EOIR also has
modified the paragraph explaining what constitutes an appearance on behalf of a
respondent to utilize the broader term “practitioner of record” as opposed to “attorney or
representative.” This change is needed in light of the Limited Appearances final rule,
published on September 14, 2022. See Professional Conduct for Practitioners-Rules and
Procedures, and Representation and Appearances. 87 Fed. Reg. 56,247 (Sept. 14, 2022).
The revised language makes clear what is required of a practitioner of record, where to
find more information on the EOIR website about how to file a Form EOIR-27, and how
the entry of a limited appearance differs from that of a practitioner of record.
2. Needs and Uses - The Form EOIR-27 allows practitioners of record to notify the Board
that they are representing a noncitizen or other party in proceedings before the Board.
Upon receipt of a form that establishes an individual is an attorney in good standing or is
otherwise able to represent a party before the Board, the Board designates the individual
3

as the party’s legal representative during the proceedings before the Board. The Form
EOIR-27 also allows the Board to ensure that only individuals authorized by regulation
are entering appearances.
3. Use of Technology - The use of this form provides the most efficient means for
collecting and processing the required data. The Form EOIR-27 is available on EOIR’s
website for printing. A practitioner can type information directly into the online form
and then print it for submission to EOIR, or s/he may print the blank form in its entirety
and complete it by typing or printing legibly. Attorneys and accredited representatives
with full accreditation may also electronically submit forms and update existing forms
through eRegistry; individuals who are not licensed attorneys or accredited
representatives with full accreditation do not have this option.
4. Efforts to Identify Duplication - The only method for an individual to enter his or her
appearance on behalf of a noncitizen or other party in proceedings before the Board is to
complete and file the Form EOIR-27. A review of EOIR’s forms revealed no duplication
of effort, and there is no other similar information currently available, which can be used
for this purpose.
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 the Board. However, this collection does not
impose undue burden on the small businesses or other entities. The form requires no
filing fee, and EOIR estimates that the form takes six minutes to complete. In addition,
4

the requested information is needed to ensure that only attorneys in good standing or
otherwise qualified individuals are permitted to enter appearances and represent
noncitizens in proceedings before EOIR.
6. Consequences of Less Frequent Collection - Failure to collect this information would
preclude individuals from entering appearances on behalf of parties in proceedings before
the Board.
7. Special Circumstances Influencing Collection - None of the eight special
circumstances identified in OMB instruction number 7 apply to this collection.
8. Federal Register Publication and Consultation – A 60-day notice covering this
collection will be published in the Federal Register. A 30-day notice covering this
collection will be published in the Federal Register. Copies of these notices are attached.
If comments are received, they will be considered and incorporated where appropriate.

9. Payment or Gift to Claimants - EOIR does not provide any payment or gifts to parties
in immigration proceedings or their attorneys or representatives.
10. Assurance of Confidentiality - The Board retains the original form and places it in the
record of proceedings, along with all other documents filed in the noncitizen’s
proceeding. EOIR staff members, attorneys, and Board Members who process, review,
and adjudicate the case may access the Form EOIR-27. To the extent law permits, EOIR
protects the confidentiality of the contents of the Form EOIR-27. EOIR would release
information in accordance with the Privacy Act and the Freedom of Information Act.
5

11. Justification for Sensitive Questions - To the extent that the Form EOIR-27 includes a
sensitive question by asking whether an attorney is in good standing in the bar or subject
to any order of any court or administrative agency disbarring, suspending, enjoining,
restraining, or otherwise restricting him or her in the practice of law, such question is
necessary for EOIR to determine whether the individual is duly authorized to represent
noncitizens before the Board. The information is used only to the extent necessary in
order to make that determination. To the extent that the Form EOIR-27 includes a
sensitive question by asking whether the representation is being provided on a pro bono
basis, such question is necessary for EOIR to facilitate its pro bono program. Under the
EOIR Director’s Memorandum 22-01, Encouraging and Facilitating Pro Bono Legal
Services, EOIR should accommodate and facilitate pro bono representation as much as
practicable, which necessitates identifying pro bono practitioners.
12. Estimate of Hour Burden
a. Number of Respondents

42,126

b. Number of Responses per Respondent

1

c. Total Annual responses

42,126

d. Hours per response

6 minutes or 0.1 hour

e. Total annual hourly reporting burden

4,213

42,126 attorneys or representatives x 1 response per respondent x 0.1 hour per response =
4,213 burden hours. It is estimated that the total time to read and complete the form and
gather all materials is no more than 6 minutes.
6

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 collection. The estimated public
cost is a maximum of $331,732. This amount is reached by multiplying the burden hours
(4,213) by $78.74, which represents the current median hourly wage for attorneys, as set
by the Bureau of Labor Statistics. $331,732 represents the maximum estimate of cost
burden. EOIR notes that this form is submitted by an immigration practitioner, who is
either an attorney or other form of representative; as such, respondents are not likely to
retain a practitioner to assist them in filling out the form.
14. Estimated Cost to the Federal Government - It is estimated that the annual
government cost for printing, distributing, stocking, processing and maintaining the Form
EOIR-27 is $201,577. This amount includes printing costs of $8,425, which was derived
by multiplying the 2 pages of the Form EOIR-27 by an estimated $.10 per copy by the
estimated 42,126 respondents per year. This amount also includes stocking, processing
and maintenance costs of $193,152, which was derived by calculating the personnel and
overhead costs to EOIR for processing the form.
15. Reasons for Change in Burden – The difference in hour burden is due to an agency
adjustment, specifically an increase in the number of respondents. Previously, EOIR
estimated that there were approximately 36,299 respondents annually and EOIR currently
estimates 42,126 respondents annually. The number of hours per response (6 minutes)
remains the same, so the difference in hour burden is due only to fluctuations in the
number of respondents and increases in hourly wage rates over time.
7

16. Plans for Publication - EOIR does not intend to employ the use of statistics or the
publication thereof for this collection of information.
17. Exceptions to the Certification Statement - EOIR does not request an exception to the
certification of this information collection.

Section B. Collection of Information Employing Statistical Methods
This collection does not employ statistical methods.

8

PAPERWORK CERTIFICATION

In submitting this request for Office of Management and Budget (OMB) approval, I certify that
the requirements of the Privacy Act and OMB directives have been complied with, including
paperwork regulations, any applicable statistical standards or directives, and any other
information policy directives promulgated under 5 C.F.R. § 1320.

_____________________
Alexander Y. Hartman
Senior Associate General Counsel
Executive Office for Immigration Review

__________________
Date

9