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Discretionary Review by the Secretary of Labor

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U.S. Citizenship and Immigration Services, Department of Homeland Security and Office of the Secretary, Department of Labor.


Direct final rule; withdrawal.


Due to the receipt of a significant adverse comment, the Department of Homeland Security and the Department of Labor (Departments) are jointly withdrawing the January 4, 2021, direct final rule (DFR) that would have extended 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 made 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.


As of February 2, 2021, the direct final rule published at 86 FR 1 on January 4, 2021, is withdrawn.

Start Further Info


Todd Smyth, General Counsel, U.S. Department of Labor, Office of Administrative Law Judges, 800 K Street NW, Washington, DC 20001-8002; telephone (513) 684-3252. Individuals with hearing or speech impairments may access the telephone number above by TTY by calling the toll-free Federal Information Relay Service at (800) 877-8339.

End Further Info End Preamble Start Supplemental Information


In the DFR, the Departments stated that if a significant adverse comment was submitted by January 19, 2021, the Departments would publish a timely withdrawal in the Federal Register informing the public that the DFR will not take effect. The Departments received a significant adverse comment prior to the close of the comment period and are therefore withdrawing the DFR. The Departments may address all comments, as appropriate, in a new final rule based upon the proposed rule also published in the Federal Register on January 4, 2021 (86 FR 29).

Start List of Subjects

List of Subjects

20 CFR Part 655

  • Administrative practice and procedure
  • Labor certification processes for temporary employment

29 CFR Part 18

  • Administrative practice and procedure
  • Labor

29 CFR Part 503

  • Administrative practice and procedure
  • Obligations; Enforcement
  • Immigration and Nationality Act
  • Temporary alien non-agricultural workers
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Accordingly, the amendments to 20 CFR part 655 and 29 CFR parts 18 and 503, published in the Federal Register on January 4, 2021 (86 FR 1), which were to take effect February 3, 2021, are withdrawn as of February 2, 2021.

End Amendment Part Start Signature

Milton Al Stewart,

Acting Secretary of Labor.

David P. Pekoske,

Acting Secretary of Homeland Security.

End Signature End Supplemental Information

[FR Doc. 2021-02317 Filed 2-2-21; 8:45 am]