DS-260 immigrating to work

[SusieQQQ 11,586]

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

If it is as written in the first post then I "basically" disagree with your interpretation that it is asking if you intend to work illegally. It specifically says "HAVE NOT YET" been certified. It seems pretty clear to me that you can still intend to get certified (or whatever else legal avenue you need) before you begin to work.

To my mind your interpretation is equivalent to saying they will refuse someone a fiancé visa because they haven't married the person yet.

Again, one should always answer TRUTHFULLY at the time.

Edited May 21, 2014 by SusieQQQ

[Britsimon 18]

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

The question is

"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? "

THe answer is YES

Jude, do you understand what the DV lottery is? Do you realize that selectees (such as the OP) is granted a Green Card? And do you think Green Card holders require labor certification? Do citizens? NO!

[judemccormack5 0]

Well I have a Masters Degree with years of experience in a discipline which falls under Job Zone 5. Yes, I'm an Engineer so maybe I will have difficulty explaining to the CO on how I will support myself but I know who Americans would rather want there

Edited May 21, 2014 by judemccormack5

[Britsimon 18]

Well I have a Masters Degree with years of experience in a discipline which falls under Job Zone 5. Yes, I'm an Engineer so maybe I will have difficulty explaining to the CO on how I will support myself but I know who Americans would rather want there

Are you not going to bother answering my questions then?

As an engineer with a masters degree you should have no problem in answering a few simple questions.

If you are confused as to what I am asking you to answer (I would understand, I have several engineers with masters degrees reporting to me). Just answer this one:-

Do you think Green Card holders require labor certification?

Edited May 21, 2014 by Britsimon

[judemccormack5 0]

I have no idea on what the DV lottery is. There you go

[mario_tr 0]

"have not yet been certified by the Secretary of Labor" i think it is mentioning about the certification of the type of the job by the Secretary of the labour. For example if you are a kung-fu master this job may be not certified by the secretary so if you have this kind of different job you have to say YES right?

Edited May 21, 2014 by mario_tr

[Britsimon 18]

I have no idea on what the DV lottery is. There you go

Then please stop commenting and confusing people on something you clearly do not understand. It is not fair to those that are going through the process to have to question in their minds the good advice they are being given from people that actually know what they are talking about.

[Britsimon 18]

"have not yet been certified by the Secretary of Labor" i think it is mentioning about the certification of the type of the job by the Secretary of the labour. For example if you are a kung-fu master this job may be not certified by the secretary so you need to say YES right?

LOL - no, that is not what this is referring to - nothing to do with Kung Fu skills.

For some types of visa applications (immigrant and non immigrant, employment based applications) the employer is required to obtain "labor certification". Simplistically it is a process where the job offer to the immigrant is verified to make sure that things such as prevailing wage conditions will be met (amongst others). For my H1 visa for instance it was necessary to obtain that certification and it is granted by the Department of Labor.

However, it does NOT apply in DV applications, nor family based immigration and so on - because those visas are not dependent on the job.

The DS 260 form has questions in there that are NOT specific or even relevant to DV cases and for that reason DV applicants have to answer the question that has worried some folk here. For other visa types, care must be taken to answer appropriately but for DV it is only important to be truthful even though that same answer could be a red flag for other application types.

[NikLR 13,227]

Are you planning on doing work that requires certification to do? Is this the reason you are going to the USA?

I answered no because I was not planning on doing work that required certification to do. That also was not my main reason for entering the USA.

You would answer yes if you were entering the USA for work related reasons that require certification.

[Britsimon 18]

Are you planning on doing work that requires certification to do? Is this the reason you are going to the USA?

I answered no because I was not planning on doing work that required certification to do. That also was not my main reason for entering the USA.

You would answer yes if you were entering the USA for work related reasons that require certification.

Assuming you are a DV selectee, you have misunderstood the question and answered incorrectly. Please see my explanation above about labor certification.

However, I don't believe your incorrect answer will cause you a problem in the DV process.

Edit: having checked your deviantart profile (nice work) I don't think you are a DV selectee - I guess your application is family based (in which case the question is also irrelevant)

Edited May 22, 2014 by Britsimon

[NikLR 13,227]

Assuming you are a DV selectee, you have misunderstood the question and answered incorrectly. Please see my explanation above about labor certification.

However, I don't believe your incorrect answer will cause you a problem in the DV process.

Edit: having checked your deviantart profile (nice work) I don't think you are a DV selectee - I guess your application is family based (in which case the question is also irrelevant)

Aye, as apparent by my profile I am a CR1.

Thank you for the compliment.

Sorry for offering misinformation, I was trying to interpret the question literally as I see it, not from the perspective of a particular group. I have found the visa journey goes best when read fully and interpret literally.

[SusieQQQ 11,586]

Well I have a Masters Degree with years of experience in a discipline which falls under Job Zone 5. Yes, I'm an Engineer so maybe I will have difficulty explaining to the CO on how I will support myself but I know who Americans would rather want there

That's wonderful, but you told us that in response to the question of do you plan to work in the US, that you were going to answer "no".

Edit: lol, I love the implication that this person thinks he is the first DV selectee to have a masters and experience in job zone 5 :"who they would rather have" . Yes I am sure you will find work there (my OH and I also both have masters degrees and jobs in that zone, gosh, my OH is even - gasp - an engineer) but it's not as rare and special as it is back home, unless your MS is from MIT, Caltech etc....

Edited May 22, 2014 by SusieQQQ

[moamzia 0]

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.

Great replied guys which also raised many questions for me now

First of all, I'm not looking for the "right" answer. I just simply want to give the answer that shows what my purpose is for this immigration so it won't produce any misunderstanding in future. I couldn't relate the question to my case and I wasn't very familiar with some terms like "skilled or unskilled labor" which thanks to Zuroma999 I think I understand now.

However, I'm going to graduate in a month and obtain my Bachelor degree and thus, I'm not looking forward to study in US, but to work. According to Zuroma999, then I'm considered a professional worker.

One more question though, if Zuroma999's theory is right, then for the Work/Education/Training section, there's a question asking this:

Have you belonged to, contributed to, or worked for any professional, social, or charitable organization?

I have been employed by an international company which required a bachelor degree in which I'm going to work after my graduation. So do I answer the question yes and then list the company's name? I'm asking this because Zuroma999 himself wasn't sure if his theory was right.

Thanks again guys.

[zuroma999 12]

Great replied guys which also raised many questions for me now

First of all, I'm not looking for the "right" answer. I just simply want to give the answer that shows what my purpose is for this immigration so it won't produce any misunderstanding in future. I couldn't relate the question to my case and I wasn't very familiar with some terms like "skilled or unskilled labor" which thanks to Zuroma999 I think I understand now.

However, I'm going to graduate in a month and obtain my Bachelor degree and thus, I'm not looking forward to study in US, but to work. According to Zuroma999, then I'm considered a professional worker.

One more question though, if Zuroma999's theory is right, then for the Work/Education/Training section, there's a question asking this:

Have you belonged to, contributed to, or worked for any professional, social, or charitable organization?

I have been employed by an international company which required a bachelor degree in which I'm going to work after my graduation. So do I answer the question yes and then list the company's name? I'm asking this because Zuroma999 himself wasn't sure if his theory was right.

Thanks again guys.

In this context, "professional organization" I am taking to mean a 'professional association" or basically a nonprofit organization associated with a specific profession, for example the IEEE is a professional association of Electrical and Electronics Engineers. It does not mean companies you worked for.

For that question I just listed all the charities I've donated to or volunteered/worked for since I don't belong to any professional associations.

[zuroma999 12]

I wanted to put this issue to rest since there is still doubt with some people. I sent an email to an immigration lawyer I used when I lived in the US, and with which I had a phone consult a couple weeks ago when I was first selected for additional processing.

My question:

"If you remember, I've been selected for further processing in DV-2015. I am filling out form DS-260 and am wondering about this question:

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?

My feeling is that this question does not apply to DV cases since its not an employment-based visa. So how should I answer the question, with a "yes" or "no" or is either answer correct?"

His answer:

"You are correct. You would answer NO to this question because it is related to EMPLOYMENT based immigration, which has nothing to do with you because you are immigrating based on the diversity visa."

But it is up to each of you to decide how to answer the question for yourselves.