Office of the Chief Administrative Hearing Officer

The Office of the Chief Administrative Hearing Officer (OCAHO) is headed by a Chief Administrative Hearing Officer who is responsible for the general supervision and management of Administrative Law Judges who preside at hearings which are mandated by provisions of law enacted in the Immigration Reform and Control Act of 1986 (IRCA (PDF)) and the Immigration Act of 1990 (PDF). These acts, among others, amended the Immigration and Nationality Act of 1952 (INA).

Administrative Law Judges hear cases and adjudicate issues arising under the provisions of the INA relating to: (1) knowingly hiring, recruiting, or referring for a fee unauthorized aliens, or the continued employment of unauthorized aliens, failure to comply with employment eligibility verification requirements, and requiring indemnity bonds from employees in violation of section 274A of the INA (employer sanctions); (2) immigration-related unfair employment practices in violation of section 274B of the INA; and (3) immigration-related document fraud in violation of 274C of the INA. Complaints are brought by the Department of Homeland Security, the Immigrant and Employee Rights Section in the Civil Rights Division of the Department of Justice (formerly the Office of Special Counsel for Immigration-Related Unfair Employment Practices), or private individuals or entities as prescribed by statute.

Hearings are conducted under applicable laws and regulations, as well as the general requirements of the Administrative Procedure Act. Employer sanctions and document fraud cases are subject to administrative review by the Chief Administrative Hearing Officer and/or the Attorney General. All final agency decisions are subject to review in the federal circuit courts of appeal.

Forms

The Office of the Chief Administrative Hearing Officer has updated its Unfair Immigration-Related Employment Practices Complaint Form (Form EOIR-58) and accompanying instructions (in English and Spanish) to reflect the current name of the Immigrant and Employee Rights Section, Civil Rights Division, U.S. Department of Justice. The revised form can be found on the EOIR Forms page. The revised instructions can be found in the links below, or on the How to File an Unfair Immigration-related Employment Practices Complaint page.

EOIR-58 Unfair Immigration-Related Employment Practices Complaint Form

Spanish Language Instructions for Unfair Immigration-Related Employment Practices Complaint Form

English Language Instructions for Unfair Immigration-Related Employment Practices Complaint Form

EOIR-30 OCAHO Subpoena Form

Additional Information

The Office of the Chief Administrative Hearing Officer (OCAHO), Executive Office for Immigration Review (EOIR), is conducting a voluntary pilot program to test an electronic filing system in cases filed with OCAHO under 8 U.S.C. § 1324a and § 1324b. See http://go.usa.gov/8wEP. The pilot program was originally in effect until November 26, 2014, and was subsequently extended until May 29, 2015. Due to the overall success of the electronic filing pilot program, the pilot program has now been extended indefinitely while OCAHO works toward implementation of a permanent e-filing system. OCAHO has made periodic adjustments and improvements to its electronic filing pilot procedures in response to feedback from parties and stakeholders, and welcomes further input.

Has Your Employer Discriminated Against You? (PDF)

Has Your Employer Discriminated Against You? (Spanish Version) (PDF)

Frequently Asked Questions (PDF)

Factsheet (PDF)
 
 

 

Updated July 1, 2021

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