DHS and DOL Notice of Proposed Rulemaking to Extend Discretionary Secretary of Labor Review to H-2B BALCA Cases

DHS and DOL notice of proposed rulemaking (NPRM) to extend DOL’s recently established system of discretionary Secretary of Labor review to H-2B temporary labor certification cases pending before or decided by BALCA. The NPRM is a companion to the direct final rule published at 86 FR 1 with identical changes to the regulatory text. If DHS and DOL receive significant adverse comments in response to the direct final rule, this NPRM will provide the procedural framework to finalize the rule. Comments are due 1/19/21. (86 FR 29, 1/4/21)

DEPARTMENT OF HOMELAND SECURITY

RIN 1615–AC63

DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

Office of the Secretary

29 CFR Part 18

Wage and Hour Division

29 CFR Part 503

[DOL Docket No. DOL–2020–0019]

RIN 1290–AA43

Discretionary Review by the Secretary of Labor

AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security; and Office of the Secretary, Employment and Training Administration, and Wage and Hour Division, Department of Labor.

ACTION: Notice of proposed rulemaking.

Related Resources

• DHS and DOL Direct Final Rule to Extend Discretionary Secretary of Labor Review to H-2B BALCA Cases (86 FR 1, 1/4/21)
• DOL Press Release: U.S. Department of Labor Announces Rulemaking on Discretionary Review of Board of Alien Labor Certification Appeals Cases - December 30, 2020
• DOL Final Rule Finalizing Establishment of a System of Secretarial Review of BALCA Cases (85 FR 30608, 5/20/20)