Department of Justice
Executive Office for Immigration Review
Friday, April 25, 2017
Updated Thursday, June 15, 2017
Executive Office for Immigration Review Announces
New Unfair Immigration-Related Employment Practices Complaint Form
The Executive Office for Immigration Review (EOIR) today released a new version of the Unfair Immigration-Related Employment Practices Complaint Form, which may be used to file a complaint alleging unfair immigration-related employment practices under section 274B of the Immigration and Nationality Act (INA) with EOIR’s Office of the Chief Administrative Hearing Officer (OCAHO).
Section 274B of the INA prohibits: employment discrimination on the basis of citizenship or national origin; retaliation or intimidation against an individual seeking to exercise his or her rights under this section; and “document abuse” or overdocumentation in the employment eligibility verification process under INA section 274A.
“We are very pleased to announce the publication of this complaint form, which we hope will make filing anti-discrimination complaints with OCAHO more efficient,” said Chief Administrative Hearing Officer Robin M. Stutman. The complaint form, a fillable PDF, elicits all necessary information in a more streamlined, comprehensive, and user-friendly manner. Individuals who believe that they have suffered discrimination in violation of section 274B must first file a charge with the Department of Justice, Immigrant and Employee Rights (IER) Section, before filing a complaint with OCAHO.
The form is available on the EOIR website at EOIR Forms (EOIR-58).
- EOIR -
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They determine whether foreign-born individuals—whom the Department of Homeland Security charges with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. EOIR is committed to ensuring fairness in all of the cases it adjudicates.