Chief, Business and Foreign Workers Division, Office of Policy and Strategy

1615-AC63 202104 Unified Agenda of Federal Regulatory and Deregulatory Actions 1615 U.S. Citizenship and Immigration Services USCIS 1600 Department of Homeland Security DHS Amended Rules Concerning Discretionary Review by the Secretary of Labor

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.

]]> Substantive, Nonsignificant First Time Published in The Unified Agenda Final Rule Stage No Undetermined 20 CFR 655 20 CFR 18 20 CFR 503 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n), (p), and (t), 1184(c), (g), and (j), 1188, and 1288(c) and (d) sec. 3(c)(1), Pub. L. 101–238, 103 Stat. 2099, 2102 (8 U.S.C. 1182 note) sec. 221(a), Pub. L. 101–649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note) sec. 303(a)(8), Pub. L. 102–232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note) sec. 323(c), Pub. L. 103–206, 107 Stat. 2428 sec. 412(e), Pub. L. 105–277, 112 Stat. 2681 (8 U.S.C. 1182 note) sec. 2(d), Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note) 29 U.S.C. 49k Pub. L. 107–296, 116 Stat. 2135, as amended Pub. L. 109–423, 120 Stat. 2900 8 CFR 214.2(h)(4)(i) 8 CFR 214.2(h)(6)(iii) sec. 6, Pub. L. 115–218, 132 Stat. 1547 (48 U.S.C. 1806) No NPRM 01/04/2021 86 FR 29 Direct Final Rule 01/04/2021 86 FR 1 NPRM Comment Period End 01/19/2021 Direct Final Rule; Withdrawal 02/03/2021 86 FR 7927 Final Rule 04/00/2022 No None No No ww.regulations.gov www.regulations.gov No No 1290-AA43 Related to 1290 Office of the Secretary OS Joint Paul Buono Chief, Business and Foreign Workers Division, Office of Policy and Strategy 1615 U.S. Citizenship and Immigration Services USCIS 240 721-3000 5900 Capital Gateway Drive, Suite 4S190, Camp Springs MD 20588-0009