The purpose of this part is to effectuate section 102 of the ImmigrationReform and Control Act of 1986, which prohibits certain unfair immigration-related employment practices.

(a) Charge means a written statement under oath or affirmationthat—

(1) Identifies the charging party's name, address, and telephone number;

(2) Identifies the injured party's name, address, and telephone number, ifthe charging party is not the injured party;

(3) Identifies the name and address of the person or entity against whom thecharge is being made;

(4) Includes a statement sufficient to describe the circumstances, place, anddate of an alleged unfair immigration-related employment practice;

(5) Indicates whether the basis of the alleged unfair immigration-relatedemployment practice is discrimination based on national origin, citizenshipstatus, or both; or intimidation or retaliation, or documentation abuses;

(6) Indicates whether the injured party is a U.S. citizen, U.S. national, oralien authorized to work in the United States;

(7) Indicates, if the injured party is an alien authorized to work, whetherthe injured party—

(i) Has been—

(A) Lawfully admitted for permanent residence;

(B) Granted the status of an alien lawfully admitted for temporary residenceunder 8 U.S.C. 1160(a), 8 U.S.C. 1161(a), or 8 U.S.C. 1255a(a)(1);

(C) Admitted as a refugee under 8 U.S.C. 1157; or

(D) Granted asylum under 8 U.S.C. 1158; and

(ii) Has applied for naturalization (and if so, indicates the date of theapplication);

(8) Identifies, if the injured party is an alien authorized to work, theinjured party's alien registration number and date of birth.

(9) Indicates, if possible, the number of persons employed on the date of thealleged discrimination by the person or entity against whom the charge is beingmade;

(10) Is signed by the charging party and, if the charging party is neitherthe injured party nor an officer of the Immigration and Naturalization Service,indicates that the charging party has the authorization of the injured party tofile the charge.

(11) Indicates whether a charge based on the same set of facts has been filedwith the Equal Employment Opportunity Commission, and if so, the specificoffice, and contact person (if known); and

(12) Authorizes the Special Counsel to reveal the identity of the injured orcharging party when necessary to carry out the purposes of this part.

(b) Charging party means—

(1) An individual who files a charge with the Special Counsel that allegesthat he or she has been adversely affected directly by an unfair immigration-related employment practice;

(2) An individual or private organization who is authorized by an individualto file a charge with the Special Counsel that alleges that the individual hasbeen adversely affected directly by an unfair immigration-related employmentpractice; or

(3) An officer of the Immigration and Naturalization Service who files acharge with the Special Counsel that alleges that an unfair immigration-relatedemployment practice has occurred.

(c) Protected individual means an individual who—

(1) Is a citizen or national of the United States; or

(2) Is an alien who is lawfully admitted for permanent residence, is grantedthe status of an alien lawfully admitted for temporary residence under 8 U.S.C.1160(a), 8 U.S.C. 1161(a), or 8 U.S.C. 1255a(a)(1), is admitted as a refugeeunder 8 U.S.C. 1157, or is granted asylum under 8 U.S.C. 1158. The status of analien whose application for temporary resident status under 8 U.S.C. 1160(a), 8U.S.C. 1161(a), or 8 U.S.C. 1255a(a)(1) is approved shall be adjusted to that ofa lawful temporary resident as of the date indicated on the application feereceipt issued at the Immigration and Naturalization Service LegalizationOffice. As used in this definition, the term “protected individual”does not include an alien who—

(i) Fails to apply for naturalization within six months of the date the alienfirst becomes eligible (by virtue of period of lawful permanent residence) toapply for naturalization or, if later, by May 6, 1987; or

(ii) Has applied on a timely basis, but has not been naturalized as a citizenwithin two years after the date of the application, unless the alien canestablish that he or she is actively pursuing naturalization, except that timeconsumed in the Immigration and Naturalization Service's processing of theapplication shall not be counted toward the two-year period.

(d) Complaint means a written submission filed with anadministrative law judge by the Special Counsel or the charging party, otherthan an officer of the Immigration and Naturalization Service, that is based onthe same charge filed with the Special Counsel.

(e) Injured party means a person who claims to have beenadversely affected directly by an unfair immigration-related employment practiceor, in the case of a charge filed by an officer of the Immigration andNaturalization Service or by a charging party other than the injured party, isalleged to be so affected.

(f) Respondent means a person or entity against whom a chargeof an unfair immigration-related employment practice has been filed.

(g) Special Counsel means the Special Counsel for Immigration-Related Unfair Employment Practices appointed by the President under section 102of the Immigration Reform and Control Act of 1986, or his or her designee.

(a) Who may file. (1) Any individual who believes that he orshe has been adversely affected directly by an unfair immigration-relatedemployment practice, or any individual or private organization authorized to acton such person's behalf, may file a charge with the Special Counsel.

(2) Any officer of the Immigration and Naturalization Service who believesthat an unfair immigration-related employment practice has occurred or isoccurring may file a charge with the Special Counsel.

(b) When to file. Charges shall be filed within 180 days of thealleged occurrence of an unfair immigration-related employment practice. Forpurposes of determining when a charge is timely under this paragraph, a chargemailed to the Special Counsel shall be deemed filed on the date it ispostmarked.

(c) How to file. Charges may be:

(1) Mailed to: Office of Special Counsel for Immigration-Related UnfairEmployment Practices, P.O. Box 27728, Washington, DC 20038-7728 or

(2) Delivered to the Office of Special Counsel at 1425 New York Avenue NW.,suite 9000, Washington, DC 20005.

(d) No overlap with EEOC complaints. No charge may be filedrespecting an unfair immigration-related employment practice described in§ 44.200(a)(1) if a charge with respect to that practice based on thesame set of facts has been filed with the Equal Employment OpportunityCommission under title VII of the Civil Rights Act of 1964, unless the charge isdismissed as being outside the scope of such title. No charge respecting anemployment practice may be filed with the Equal Employment OpportunityCommission under such title if a charge with respect to such practice based onthe same set of facts has been filed under this section, unless the charge isdismissed by the Special Counsel as being outside the scope of this part.

(a) The Special Counsel shall notify the charging party of receipt of acharge as defined in § 44.101(a) or receipt of a submission deemed tobe a charge under paragraph (c)(2) of this section.

(b) The notice to the charging party shall specify the date on which thecharge was received, state that the charging party, other than an officer of theImmigration and Naturalization Service, may file a complaint before anadministrative law judge if the Special Counsel does not do so within 120 daysof receipt of the charge, and state the last date on which such a complaint maybe filed.

(c)(1) Subject to paragraph (c)(2) of this section, if a charging party'ssubmission is inadequate to constitute a charge as defined in§ 44.101(a), the Special Counsel shall notify the charging party thatspecified additional information is needed. As of the date that adequateinformation is received in writing by the Special Counsel, the charging party'ssubmission shall be deemed a filed charge and the Special Counsel shall issuethe notices required by paragraphs (b) and (e) of this section.

(2) In the Special Counsel's discretion, the Special Counsel may deem asubmission to be a filed charge as of the date of its receipt even though it isinadequate to constitute a charge as defined in § 44.101(a). TheSpecial Counsel may then obtain the additional information specified in§44.101(a) in the course of investigating the charge.

(d)(1) If the Special Counsel receives a charge after 180 days of the allegedoccurrence of an unfair immigration-related employment practice, the SpecialCounsel shall dismiss the charge with prejudice.

(2) Inadequate submissions that are later deemed charges under paragraph(c)(1) of this section are timely filed as long as—

(i) The original submission is filed within 180 days of the allegedoccurrence of an unfair immigration-related employment practice; and

(ii) Any additional information requested by the Special Counsel pursuant toparagraph (c)(1) of this section is provided in writing to the Special Counselwithin the 180-day period or within 45 days of the date on which the chargingparty received the Special Counsel's notification pursuant to paragraph (c) ofthis section, whichever is later.

(e) The Special Counsel shall serve notice of the charge on the respondent bycertified mail within 10 days of receipt of the charge. The notice shall includethe date, place, and circumstances of the alleged unfair immigration-relatedemployment practice.

(a) The Special Counsel may propound interrogatories, requests for productionof documents, and requests for admissions.

(b) The Special Counsel shall have reasonable access to examine the evidenceof any person or entity being investigated. The respondent shall permit accessby the Special Counsel during normal business hours to such of its books,records, accounts, and other sources of information, as the Special Counsel maydeem pertinent to ascertain compliance with this part.

(a) The Special Counsel may, on his or her own initiative, conductinvestigations respecting unfair immigration-related employment practices whenthere is reason to believe that a person or entity has engaged or is engaging insuch practices.

(b) The Special Counsel may file a complaint with an administrative law judgewhere there is reasonable cause to believe that an unfair immigration-relatedemployment practice has occurred within 180 days from the date of the filing ofthe complaint.

The Special Counsel, in consultation with the Attorney General, shallestablish such regional offices as may be necessary to carry out his or herduties.