Agency Information Collection Activities; Proposed Collection Comments Requested; Unfair Immigration-Related Employment Practices Complaint Form, 68287 [2021-26105]

Agencies

• Department of Justice

[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Notices]
[Page 68287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26105]


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DEPARTMENT OF JUSTICE

[OMB Number 1125-0016]


Agency Information Collection Activities; Proposed Collection 
Comments Requested; Unfair Immigration-Related Employment Practices 
Complaint Form

AGENCY: Executive Office for Immigration Review, Department of Justice.

ACTION: 30-Day notice.

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SUMMARY: The Department of Justice (DOJ), Executive Office for 
Immigration Review (EOIR), will be submitting the following information 
collection request to the Office of Management and Budget (OMB) for 
review and approval in accordance with the Paperwork Reduction Act of 
1995. This proposed information collection was previously published in 
the Federal Register on September 28, 2021, allowing for a 60-day 
comment period.

DATES: Comments are encouraged and will be accepted for an additional 
30 days until January 3, 2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    If you need a copy of the proposed information collection or 
additional information, please contact Lauren Alder Reid, Assistant 
Director, Office of Policy, Executive Office for Immigration Review, 
5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041, telephone: 
(703) 305-0289.

SUPPLEMENTARY INFORMATION: Written comments and suggestions from the 
public and affected agencies concerning the proposed collection of 
information are encouraged. Your comments should address one or more of 
the following four points:

--Evaluate whether the proposed collection of information is necessary 
for the proper performance of the functions of the agency, including 
whether the information will have practical utility;
--Evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be 
collected; and/or
--Minimize the burden of the collection of information on those who are 
to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

Overview of This Information Collection

    1. Type of Information Collection: Renewal, with change, of a 
currently approved collection.
    2. The Title of the Form/Collection: Unfair Immigration-Related 
Employment Practices Complaint Form.
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection: The form number is EOIR-58, 
Office of the Chief Administrative Hearing Officer (OCAHO), Executive 
Office for Immigration Review, United States Department of Justice.
    4. Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Individuals who wish to file a 
complaint alleging unfair immigration-related employment practices 
under section 274B of the Immigration and Nationality Act (INA). Other: 
None. Abstract: Section 274B of the INA prohibits: Employment 
discrimination on the basis of citizenship status or national origin; 
retaliation or intimidation by an employer against an individual 
seeking to exercise his or her right under this section; and ``document 
abuse'' or over-documentation by the employer, which occurs when the 
employer asks an applicant or employee for more or different documents 
than required for employment eligibility verification under INA section 
274A, with the intent of discriminating against the employee in 
violation of section 274B. Individuals who believe that they have 
suffered discrimination in violation of section 274B may file a charge 
with the Department of Justice, Immigrant and Employee Rights Section 
(IER). The IER then has 120 days to determine whether to file a 
complaint with OCAHO on behalf of the individual charging party. If the 
IER chooses not to file a complaint, the individual may then file his 
or her own complaint directly with OCAHO. This information collection 
may be used by an individual to file his or her own complaint with 
OCAHO. The Form EOIR-58 will elicit, in a uniform manner, all of the 
required information for OCAHO to assign a section 274B complaint to an 
Administrative Law Judge for adjudication.
    5. An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: It is estimated 
that 26 respondents will complete the form annually with an average of 
30 minutes per response.
    6. An estimate of the total public burden (in hours) associated 
with the collection: The estimated public burden associated with this 
collection is 13 hours. It is estimated that respondents will take 30 
minutes to complete the form.
    If additional information is required contact: Melody Braswell, 
Department Clearance Officer, United States Department of Justice, 
Justice Management Division, Policy and Planning Staff, Two 
Constitution Square, 145 N Street NE, 3E.405B, Washington, DC 20530.

    Dated: November 24, 2021.
Melody D. Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2021-26105 Filed 11-30-21; 8:45 am]
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