DS-260 immigrating to work

[moamzia 0]

I've seen people asking this question before, but none of them had my situation as they were applying for different purposes.

I have been selected for DV 2015. And I was filling DS-260 I came across:

Do you seek to enter the United States for the purpose of performing skilled or unskilled labor but have not yet been certified by the Secretary of Labor?

What should I answer to this question? Is this simply asking me if I want to work when I get there?

As I do want to work once I get to US. So should I click yes? If yes, then how do I get certified by Secretary of Labor?

Thanks guys

[Britsimon 18]

The form is not DV specific so questions like that are just generic. Answer yes and don't worry about DOL

[moamzia 0]

Thank you Britsimon for your fast reply. If I click yes, would I need to add any explanation then?

Thanks in advance.

Edited May 21, 2014 by moamzia

[judemccormack5 0]

I feel obliged to respond here. I totally disagree with the advice given here as saying yes without labor certification leaves one to be ineligible to receiving a visa according to Section 212 of INA (5)

[SusieQQQ 11,584]

I feel obliged to respond here. I totally disagree with the advice given here as saying yes without labor certification leaves one to be ineligible to receiving a visa according to Section 212 of INA (5)

Labor certification is not a determinant of eligibility for a diversity visa.

[judemccormack5 0]

Answering Yes to a question without material evidence not exactly the smartest thing to do. It equates to saying yes I meet the educational requirements but do not have the papers to support your claim.

[zuroma999 12]

My understanding (I may be wrong) is that there are three types of workers:

Skilled: tradespeople or jobs that require vocational training or an apprenticeship.

Professional: usually jobs that require an undergraduate degree or equivalent work experience.

Unskilled: everything else.

So if you are a professional you can safely answer 'no'. If you fall under the other two categories, then I'm not sure how best to answer that question.

[SusieQQQ 11,584]

I don't understand how any of this matters to a diversity visa. I've been through the entire process, I have my green card, and no one has ever asked me anything about labor certification. Eligible country, high school diploma, no criminal record, you get the visa.

[Ragheb 0]

I feel obliged to respond here. I totally disagree with the advice given here as saying yes without labor certification leaves one to be ineligible to receiving a visa according to Section 212 of INA (5)

I agree, no one shall seek for work without permission

[judemccormack5 0]

I simply responded to dubious advice and yes I agree it does not matter for a dv but the DS260 requires an yes or no answer. What do you think the correct answer is?

[SusieQQQ 11,584]

I simply responded to dubious advice and yes I agree it does not matter for a dv but the DS260 requires an yes or no answer. What do you think the correct answer is?

It's people who "try to fill in the correct" answer that end up tripping themselves up. It seems blatantly obvious that one should fill in the TRUE answers. I presume the change from DS230 to DS260 hasn't dropped the bit where you are supposed to affirm that you have given true answers to all the questions. Lying on an application for immigration IS one of the ways to get yourself disqualified from a visa.

[judemccormack5 0]

Its pretty obvious everyone who submitted a dv application wants to go work and live in the US but how you can say YES i intend to work there without labor certification (illegally)? When it makes one inadmissable to a visa, its likely sayin yes i will be become human trafficker once in the states.

[Britsimon 18]

I feel obliged to respond here. I totally disagree with the advice given here as saying yes without labor certification leaves one to be ineligible to receiving a visa according to Section 212 of INA (5)

You are not considering the context. This question is asked (and answered) within a DV context. DV applicants are not required to get DOL labor certification because they will be granted LPR status immediately. The question in the 260 form is clearly meant to cover other visa types (where your concern would be valid). However, the questions should all be answered truthfully, and the truthful answer should be YES and the DOL authorization is not required - hence the don't worry comment.

[SusieQQQ 11,584]

Its pretty obvious everyone who submitted a dv application wants to go work and live in the US but how you can say YES i intend to work there without labor certification (illegally)? When it makes one inadmissable to a visa, its likely sayin yes i will be become human trafficker once in the states.

Sorry, just explain - does the question ask if you have labor certification currently, or does it ask if you intend to work in the US without being legally able to?

[judemccormack5 0]

The question is written as the middle paragraph in the first post. Basically the latter question.