1290-AA43 202504 Unified Agenda of Federal Regulatory and Deregulatory Actions 1290 Office of the Secretary OS 1200 Department of Labor DOL Amended Rules Concerning Discretionary Review by the Secretary of Labor

The Department of Homeland Security and the Department of Labor jointly issued a 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 was intended to provide 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.

]]> Substantive, Nonsignificant Previously Published in The Unified Agenda Long-Term Actions Undetermined Undetermined Not subject to, not significant 20 CFR 655 29 CFR 18 29 CFR 503 Not Yet Determined No Direct Final Rule 01/04/2021 86 FR 1 NPRM 01/04/2021 86 FR 29 NPRM Comment Period End 01/19/2021 Direct Final Rule; Withdrawal 02/03/2021 86 FR 927 Final Rule To Be Determined Undetermined No None No No No No Alyssa Kaercher General Counsel 1290 Office of the Secretary OS 202 693-7347 kaercher.alyssa.j@dol.gov 200 Constitution Avenue NW, Room S-4325, Washington DC 20210