View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

DHS/USCIS

RIN: 1615-AC63

Publication ID: Spring 2021

Title: ●Amended Rules Concerning Discretionary Review by the Secretary of Labor
Abstract: 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.
Agency: Department of Homeland Security(DHS)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: Undetermined
CFR Citation: 20 CFR 655 20 CFR 18 20 CFR 503
Legal Authority: 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)

Legal Deadline: None

Timetable:

Action	Date	FR Cite
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

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: ww.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Related RINs: Related to 1290-AA43	Related Agencies: Joint: DOL/OS;
Agency Contact: Charles Nimick Chief, Business and Foreign Workers Division, Office of Policy and Strategy Department of Homeland Security U.S. Citizenship and Immigration Services 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009 Phone:240 721-3000