3.1 - Filing and Service of Complaints

(a) Filing the Complaint

A party filing a complaint must file an original and four copies of the complaint (and all required supporting documents) with the CAHO.

(b) Contents of Complaints

All complaints filed under INA §§ 274A, 274B, and 274C must contain the following:

• a clear and concise statement of facts upon which an assertion of jurisdiction is predicated;
• the names and addresses of the respondents who are alleged to have committed the violation(s);
• the names and addresses of the agents and/or representatives of the respondents;
• the alleged violations of law, with a clear and concise statement of facts for each violation alleged to have occurred; and
• a short statement containing the remedies and/or sanctions sought to be imposed against the respondent(s).

(c) Parties to be Served

All complaints must be accompanied by a statement identifying the party or parties to be served by OCAHO with the complaint and the Notice of Case Assignment.

(d) Additional Requirements for Complaints Under INA §§ 274A and 274C

Complaints filed pursuant to INA § 274A or 274C must be signed by an attorney and must be accompanied by:

• a copy of the Notice of Intent to Fine, and
• a copy of the Request for Hearing.

Complaints filed pursuant to INA § 274A or 274C should also include a cover sheet that clearly identifies:

• the respondent;
• the respondent’s attorney or representative (if any);
• updated names, addresses, phone numbers, fax numbers, and email addresses (if any) of all parties and attorneys or representatives to be served in the case; and
• the city and state where the alleged violation(s) occurred.

(e) Additional Requirements for Complaints Under INA § 274B

Complaints filed pursuant to INA § 274B must be signed by the complainant and accompanied by:

• a copy of the charge that was previously filed with the Special Counsel pursuant to INA § 274B(b)(1), and
• a copy of the Special Counsel’s letter of determination regarding the charge.

Complaints filed pursuant to INA § 274B may be filed using the Form EOIR-58, Unfair Immigration-Related Employment Practices Complaint Form. However, use of the Form EOIR-58 is optional. An individual may file a complaint under INA § 274B in another format as long as it contains all of the required information specified above in paragraph (b).

(f) Service of the Complaint

Service of the complaint, along with a Notice of Case Assignment, will be made by OCAHO after the complaint is filed. Accordingly, a party filing a complaint with OCAHO is not required to serve a copy of the complaint on the respondent directly. However, in circumstances where OCAHO encounters difficulty with perfecting service, OCAHO may direct that a party execute service. Service of the complaint and Notice of Case Assignment is considered complete upon receipt by the addressee or addressee’s agent.