View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOL/OS RIN: 1290-AA43 Publication ID: Fall 2022 
Title: 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.

Agency: Department of Labor(DOL)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 20 CFR 655    29 CFR 18    29 CFR 503   
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Action Date FR Cite
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 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Alyssa Kaercher
Acting General Counsel
Department of Labor
Office of the Secretary
800 K Street NW, Suite 400 N,
Washington, DC 20001-8002
Phone:202 693-7347