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Executive Office for Immigration Review

How to File a 274B Complaint



FILING UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES COMPLAINTS

Guidance in filing a complaint alleging an unfair immigration-related employment practice.

Please answer the following question:

I filed a charge with the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

____ YES   or   ____ NO

If you answered NO to this question, and have not filed a charge with OSC, you need to contact them before filing a complaint with us. Go to the last page of the complaint format/questionnaire for OSC's address and telephone numbers. Click the button below to go to the complaint format/questionnaire. If you prefer, go to OSC's home page.

If you answered YES to this question and have filed a charge with OSC, and wish to file a complaint with the Office of the Chief Administrative Hearing Officer, you must complete a complaint/questionnaire. Click the button below to download a complaint format/questionnaire.

According to the Office of the Chief Administrative Hearing Officer's rules of practice and procedure for proceedings before an Administrative Law Judge (ALJ) (See 28 C.F.R. Part 68):

"All documents presented by a party in a proceeding must be in the English language or, if in a foreign language, accompanied by a certified translation." 28 C.F.R. 68.7(e).

Except for the complaint/questionnaire, the charge form, and the OSC letter stating you can now file your own complaint with OCAHO, please do not send any other documentation or information at this time. If necessary, additional documents and information may be presented to, and accepted by, the ALJ who will be assigned to your case.

Please remember that if you wish to file a complaint with this office, it is very important that you file the complaint within 90 days from the date you received the letter from OSC stating you can now file your own complaint with OCAHO.

Please be advised that under the law, in any complaint alleging an unfair immigration-related employment practice, an ALJ may allow a prevailing party, other than the United States, a reasonable attorney's fee, if the losing party's argument is without reasonable foundation in law and fact. Please note that neither the Department of Justice nor this office will provide you with legal representation in this proceeding.

Click here to download a complaint format/questionnaire (PDF).


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If you request a returned copy of a document, provide the copy and a stamped self-addressed envelope.



Updated February 2013

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