Original Date AnnouncedJanuary 4, 2021
DHS and DOL issue both a direct final rule and a proposed rule that extend the Secretary of Labor's discretionary review to H-2B temporary labor certification cases pending before and decided by the Board of Alien Labor Certification Appeals and the Department of Labor’s Administrative Review Board. The direct final rule will take effect on February 3, 2021 "unless significant adverse comment is submitted by January 19, 2021." The text of the proposed rule is identical to the direct final rule. If significant adverse comments are submitted, the direct final rule will be withdrawn and the comments will be treated as submissions in response to the proposed rule.
[ID# 1260]Discretionary Review by the Secretary of Labor NPRM: Discretionary Review by the Secretary of Labor
Effective DateFebruary 3, 2021
Biden Administration Action: Revoked/ReplacedFebruary 3, 2021
Withdrawal of Rule on Discretionary Review by Labor Secretary
This Biden Administration policy withdraws the direct final rule element of the Trump-era policy identified in this entry.
On February 3, 2021, DHS and DOL announced withdrawal of the direct final rule that would have extended this discretionary review to H-2B cases before BALCA. This withdrawal does not affect the companion proposed rule that provides the procedural framework to finalize the rule.View Document
Biden Administration Action: Under StudyJune 14, 2021
Amended Rules Concerning Discretionary Review by the Secretary of Labor
This notice made known the Biden administration's intention to seek public comment on a proposal to extend the Trump-era policy identified in this entry.
DHS and DOL indicate in the Unified Agenda an intention to jointly issue a NPRM to seek comments on a proposal to apply 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 BALCA, and to make technical, conforming changes to regulations governing the timing and finality of those decisions and of decisions from the DOL’s Administrative Review Board in H-2B cases.View Document
Current StatusNot in effect
Most Recent ActionJune 14, 2021 Action: Under Study Amended Rules Concerning Discretionary Review by the Secretary of LaborFebruary 3, 2021
Acted on by Biden AdministrationJune 14, 2021
Acted on by Biden Administration