1.3 - Jurisdiction and Authority

(a) Jurisdiction - OCAHO generally has jurisdiction to hear and adjudicate cases involving allegations of:

          (1) Knowingly hiring, recruiting, or referring for a fee, or continuing to employ, unauthorized aliens, or failing to comply with employment eligibility verification requirements in violation of INA § 274A (employer sanctions);

          (2) Immigration-related unfair employment practices in violation of INA § 274B; and

          (3) Immigration-related document fraud in violation of INA § 274C.

(b) No Jurisdiction - OCAHO does not have the authority to hear or review other matters, such as:

          (1) Removal, deportation, or exclusion proceedings;

          (2) Employment authorizations;

          (3) Labor certifications or Labor Condition Applications;

          (4) Employment-based visa petitions; or

          (5) Other types of employment discrimination not encompassed by INA § 274B.

     (c) OCAHO Decisions - OCAHO Administrative Law Judges (ALJs) issue written decisions and orders (both interlocutory and final) during OCAHO proceedings.  In every case, the ALJ will issue a final order.  A final order of the ALJ becomes final unless modified, vacated, or remanded by the CAHO, the Attorney General, or a federal circuit court of appeals.

          (1) Published Decisions - OCAHO publishes select decisions and orders, whether interlocutory or final.  Most substantive decisions are published, and published decisions are posted on EOIR’s website.

          (2) Unpublished Decisions - Citation to unpublished OCAHO decisions is discouraged.

          (3) Advisory Opinions - OCAHO does not issue advisory opinions.