By Radhika Balaji, Associate Attorney
As part of the Day 1 Executive Actions signed by President Biden, a memorandum for a regulatory freeze on federal agency actions has been issued to ensure that the new and pending rules that were issued by the Trump administration have been reviewed by President Biden’s new appointees and designees. The key features are as follows:
- Rules Not Yet Published in Federal Register – For rules that have not been published in the Federal Register but sent to the Office of Federal Register (OFR) should be immediately withdrawn as of the date of the memorandum.
- Rules Published in Federal Register – For rules that have been published in the Federal Register but not yet taken effect, the memorandum requests agencies to consider postponing the effective date to 60 days after the issuance of the memorandum (March 21, 2021) or longer. But this is not mandated.
- Rules Published in the Federal Register and Considered for Postponement of effective date – For those rules that are considered for postponement, during the 60-day period, a comment period of 30 days should be opened for interested parties’ comment and consider pending petitions for reconsideration involving such rules and where applicable consider delaying such rules beyond the 60 days period.
- Proposed Rules – No new proposals or issuance of rules in any manner unless the appointees or designees of the Biden administration approves it.
Rules such as the H-1B employer-employee relationship rule, requirement of filing Labor Condition Application (LCA) by third party worksites employers and H-1B Cap allocation rule may be considered under this memorandum.
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