Regulatory Comment on Establishing a System for Secretarial Review Over Cases Before the Department of Labor Board of Alien Labor Certification Appeals

These comments were submitted on the regulatory changes in the Department of Labor’s Notice of Proposed Rulemaking (NPRM) and Direct Final Rule—published in the Federal Register on March 6, 2020—by the American Immigration Council and the American Immigration Lawyers Association. 

The changes would establish a system for discretionary secretarial review over immigration cases pending before or decided by the Board of Alien Labor Certification Appeals (BALCA). 

Additionally, the comments address several technical changes to DOL regulations governing the timing for a decision from the Administrative Review Board and BALCA, in line with the new discretionary authority granted to the Secretary of Labor.