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DOL Notice of Intent to Issue Declaratory Order re H-2B, Island Holdings

December 17, 2014 (1 min read)

"The Secretary of Labor (Secretary) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer 
and enforce the H–2B temporary labor certification program. Such a declaratory order would remove uncertainty about that authority created by a decision of the Board of Alien Labor Certification Appeals in Island Holdings LLC, 2013–PWD–00002 (BALCA Dec. 3, 2013) (en banc). The Secretary issues this Notice pursuant to the authority granted in the Administrative Procedure Act (APA), 5 U.S.C. 554(e), to issue declaratory orders ‘‘to terminate a controversy or remove uncertainty.’’ The Secretary will accept comments from the public on this Notice for 30 days, and may issue a declaratory order after consideration of all comments received in that timeframe. DATES: This Notice is effective December 17, 2014. Interested persons are invited to submit written comments on this Declaratory Order on or before January 16, 2015." - Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014.