The Department of Homeland Security and the Department of Labor are jointly issuing this Notice of Proposed Rulemaking to seek public comments on a proposal to extend DOL’s recently established system of discretionary Secretary of Labor review to H-2B temporary labor certification cases (H-2B cases) pending before or decided by the Department of Labor’s Board of Alien Labor Certification Appeals and to make technical, conforming changes to regulations governing the timing and finality of those decisions and of decisions from the Department of Labor’s Administrative Review Board in H-2B cases.  The proposed rule will ensure consistency with the recently established discretionary review processes governing other cases under DOL’s May 2020 final rule and Secretary of Labor’s Order 01-2020. The Departments published a proposed rule and a direct final rule on January 4, 2021. Following receipt of an adverse comment, the Departments withdrew the direct final rule on February 3, 2021 (86 FR 7927). The Departments are reviewing the public comments received.