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DS 260, Perform Skilled or Unskilled Labor and Certification by the Secretary of Labor

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Hi,
I am helping my uncle to fill out his DS 260 family based USA immigration visa application form.
In the DS 260 form, one field asks, '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?' This question has a Yes/ No answer.
My uncle intend to run a business as a partner that his sister (who is the petitioner for his application) established in USA. So, obviously, he will be performing skilled labor. However, he is not yet certified by the Secretary of Labor because he has not received a visa and has not immigrated to USA yet.
So, what should be the proper answer to this question that will not jeopardize his visa application?
Thanks for any help.

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Because he's applying for an immigrant visa based on his daughter, the answer to that question is "NO"...the reason he seeks to enter the US is to be reunited with his daughter. It would be "Yes" if he were applying for a work visa.


My Convoluted Story (see my profile for more details)
Jun 2009 - Met on Facebook
Mar 2010 - Visited Morocco for the first time, got engaged
Dec 30, 2011 - Wedding in Morocco (5th visit)
I-130/CR-1 (first time around)
31 Aug 2012 - Priority Date (Vermont, transferred to NBC)
31 Dec 2012 - NOA2
27Jul 2013 - Broke up/Separation (while waiting for case complete at NVC)
9 Jan 2014 - Filed for divorce in US (never completed)
4 Apr 2014 - USCIS NOIR
May 2015 - Reconciliation
Nov 2015 - Vacation together in Spain (7th in-person visit with each other)
I-130/IR-1 (second time around)
4 Feb 2016 - Priority Date
19 Apr 2016 - NOA2

17 May 2016 - NVC Case Number Assigned

31 May 2016 - Sent AOS/IV package to NVC

5 Jul 2016 - NVC Case Complete

10 Aug 2016 - Medical Exam

25 Aug 2016 - Interview - APPROVED

1 Sep 2016 - Husband picked up his visa

Husband POE'd @ IAD - 5 November

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You would answer "no" here. The question applies if he were seeking a work visa (H2-A, H1-B). They are not referring to labor in the way you are thinking.



Married: 5-July-2015
I-130 Petition Sent: 11-May-2016
NSC Received (Our Priority Date): 12-May-2016
NOA2 Received: 30-September-2016 141 days for I-130 approval
NOA2 Hard Copy Received: 06-October-2016
Petition Sent to NVC: 17-October-2016 17 days for petition to be sent to NVC
NVC Received: 21-October-2016 4 days to be received at NVC
NVC Case Number Assigned: 31-October-2016 10 days for case number to be assigned
NVC Welcome Letter Received: 3-November-2016 @ 12:10 AM 3 days from case number assigned until Welcome Letter received and invoices unlocked
IV and AOS Fees Unlocked: 3-November-2016 @ 7:00 AM
IV and AOS Fees Paid: 3-November-2016
DS-260 Unlocked: 7-November-2016 2.5 business days for DS-260 to be unlocked
DS-260 Submitted: 8-November-2016
AOS and IV Documents Sent: 9-November-2016
Scan Date: 14-November-2016 5 days to receive scan date due to a holiday/weekend
Medical expedite requested: 14-December-2016
Medical expedite approved at consulate: 19-December-2016 Expedite approved with consulate but denied at NVC; still need to wait for case complete
Case on Supervisor Review: 22-December-2016
Case sent to the Review Department: 13-January-2017
Case Complete: 24-January-2017     10 weeks and 2 days at NVC before case completed
Case arrived at consulate/CEAC status "Ready": 1-February-2017
Interview: 21-February-2017   We scheduled our own interview because we had an approved medical expedite with the consulate. By sheer luck we got such a quick interview date because someone cancelled their appointment less than 20 minutes prior
Interview Result: Approved!!
Visa Issued: 21-February-2017     Visa issued same day as interview
DHL tracking information received: 22-February-2017     DHL tracking number appeared 28 hours after interview, scheduled for delivery the next day
Visa in hand: 23-Feb-2017
US POE (Minneapolis): 26-Feb-2017

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