DS-260 immigrating to work

[Britsimon 18]

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.

So I think your lawyer friend is taking "no" to have the same meaning as "N/a". He is correct in saying that it doesn't apply because it relates to employment based application (as I pointed out earlier) but if N/a isn't an option then the question should be answered honestly. So, do you plan to work in the USA in skilled or unskilled work? I think most people should answer yes to that part. Right? Then has the job got abor certification, no therefore the yes answer still stands. Jeez. It ain't rocket science.

Now then, will either answer get you disqualified, no I don't believe so because it s a DV application, but if you have to say you are being truthful, then best to go with the truth in a literal sense.

[Mfumuke 1]

SusieQQQ and Britsimon, I respect your advices in this and other forums, and you have helped a lot of us to understand and demystify the DV process.

However, on the question being discussed here, I think it will make more sense if you consider another question which asks if one is intending to practice medicine in the USA. I understand that one can not practice medicine (and a number of other professions) in the USA until he/she has been certified by the appropriate body.

Just saying.

[brown007 82]

please i need a sample form for the DS-260

thanks

[SusieQQQ 11,586]

SusieQQQ and Britsimon, I respect your advices in this and other forums, and you have helped a lot of us to understand and demystify the DV process.

However, on the question being discussed here, I think it will make more sense if you consider another question which asks if one is intending to practice medicine in the USA. I understand that one can not practice medicine (and a number of other professions) in the USA until he/she has been certified by the appropriate body.

Just saying.

But then what does the doctor say? That they are NOT intending to practice medicine? That is hardly the truth, surely. What is the truth is: they are intending to practice medicine, they do not currently have the licence to do so (there is also a "yet" in the question, is there not?), and that they will not practice medicine until they get that licence.

[Britsimon 18]

SusieQQQ and Britsimon, I respect your advices in this and other forums, and you have helped a lot of us to understand and demystify the DV process.

However, on the question being discussed here, I think it will make more sense if you consider another question which asks if one is intending to practice medicine in the USA. I understand that one can not practice medicine (and a number of other professions) in the USA until he/she has been certified by the appropriate body.

Just saying.

But then what does the doctor say? That they are NOT intending to practice medicine? That is hardly the truth, surely. What is the truth is: they are intending to practice medicine, they do not currently have the licence to do so (there is also a "yet" in the question, is there not?), and that they will not practice medicine until they get that licence.

Susie answered how I would have answered. I think what a lot of you newbies cannot understand is tat Susie and I have spent over a year watching car crash stories where people have either lied (innocuously sometimes) or answered a question inaccurately and that has resulted in disqualification in their DV process. Susie and I have both been through the visa processes ourselves (immigrant and non immigrant) and have answered literally thousands of questions for people helping them through the DV process. I do not know of a single instance where our advice as caused a problem for a selectee and I know of several where our advices has actually been the reason someone passed the interview. So, on immigration matters in general, trust a lawyer by all means, but when it comes to DV you should take our answers seriously (and unlike a lawyer we won't charge you a penny).

So on this question. Answer either way, and neither will cause a denial. However when it comes to the question about have you been truthful, do you want to be comfortable answering yes or not.

[zuroma999 12]

@ Britsimon, SusieQQQ, etc. I know you are all coming down on the side of "yes" on this question, but I'm going to go out on a limb and come down on "no".

Hope you don't think I'm arguing or beating a dead horse, just more so curious on my part. But I agree with Britsimon that I doubt answering this question either way would cause any issues.

This doesn't even apply to me, since I answered "no" and submitted the form already. My case (moving a biz and its employee down) would normally fall under an L1 category which doesn't need labor certification (the two times I've lived/worked in the US and went through the whole BCIS spiel have been under an L1).

Anyhoo, I got a second opinion from another lawyer online (sounds shady, but the website is a legit service), and here is his answer below. The part I circled in red explains it nicely.

I spent $47 dollars on this answer. I wanted to take my girlfriend to dinner and a movie this weekend but I guess we'll end up staying home and re-enacting Godzilla with puppets instead :-)

Edited May 22, 2014 by zuroma999

[SusieQQQ 11,586]

Honestly? I think his reasoning is absolute #######! It's not like there's another questions saying "are you coming to the US for a better life"... The question doesn't ask "what is your primary reason for immigrating" but that is the way he phrases his answer - that of course you will work but it's not your primary reason... And he says he "would" put no. He sounds uncertain. It's not enough to convince me,sorry you had to pay for that. If his reasoning had been sounder I would have conceded the point. To put it differently: the other argument here was that by saying "yes" one is saying one will work illegally. He didn't say anything about that aspect at all...

Incidentally there is a case on the old forum of someone who thought using a lawyer would be best, as she was already in the US. Her lawyer ended up charging her a fortune and delaying her case for months. Why? Because out of over 1 million immigrant visas a year (who knows how many applications) and however many H and L visas, no-one is going to specialise in DV where there are a mere 50k a year and in most instances it's a simple DIY. This means lawyers can and do get DV cases wrong. But very few lawyers are going to say "it's not my specialty so I'm not going to advise you"....

Edited May 22, 2014 by SusieQQQ

[Britsimon 18]

I can't see the picture you spent $47 on - but whatever.

Further to Susie explanation above about how few lawyers actually know anything about DV, the numbers are even more clear than she explains.

There are 1+ million immigration cases a year, however, there are less than 50k a year cases a year of DV. Since each DV case accounts for around two people, there are only around 25k cases a year. Over 95% of those are handled abroad, So AOS cases (where a US lawyer MIGHT get involved) are around 1000 cases. The DV process is simple (if you follow the instructions) so most of those 1000 are handled without a lawyer. So - I doubt more than 100 cases a year get anywhere near any lawyer (and there are around 10k to 20k immigration lawyers in the US).

So yeah, a lawyer commenting on DV cases, is not a very reliable scenario - and the few cases I have heard of where the lawyer is involved they almost always make it harder than it should be.

[DrStein 0]

Here's my two cents:

The question is if you seek to enter the US for the purpose of performing skilled or unskilled labor but have not yet been certified by the SoL. I answered no because that's not my purpose for immigrating, although I will work to support myself (as I'm allowed to do with a green card).

[Britsimon 18]

Here's my two cents:

The question is if you seek to enter the US for the purpose of performing skilled or unskilled labor but have not yet been certified by the SoL. I answered no because that's not my purpose for immigrating, although I will work to support myself (as I'm allowed to do with a green card).

Right.

Question: Do you intend to get a job (skilled or unskilled)?

Answer: NO. But I will work to support myself.

Genius.

[DrStein 0]

Right.

Question: Do you intend to get a job (skilled or unskilled)?

Answer: NO. But I will work to support myself.

Genius.

The question wasn't if I intend to get a job in the US, the question was if I seek to enter the US for the purpose of performing skilled or unskilled labor. Big difference. But you can of course answer yes and then have to fill in the box marked "explain" with a reason why you just answered yes and not no to the question. You know the box that shows up if you have to explain why you answered something other than expected.

I might be wrong in this, but as I said it's my two cents. But thank you very much for your not so helpful and very snotty answer. I used to read your posts with interest, but not anymore since you just proved yourself to be an arrogant #######.

Edited May 22, 2014 by DrStein

[Britsimon 18]

The question wasn't if I intend to get a job in the US, the question was if I seek to enter the US for the purpose of performing skilled or unskilled labor. Big difference. But you can of course answer yes and then have to fill in the box marked "explain" with a reason why you just answered yes and not no to the question. You know the box that shows up if you have to explain why you answered something other than expected.

I might be wrong in this, but as I said it's my two cents. But thank you very much for your not so helpful and very snotty answer. I used to read your posts with interest, but not anymore since you just proved yourself to be an arrogant #######.

I really cannot understand how you think there is a "big difference". But hey - knock yourself out.

As for the crude comments/profanity - did you really think that was necessary?

[judemccormack5 0]

Forgive me if I'm wrong but I don't see anywhere on this site that is the Britsimon/SusieQQQ Forum. 1 Question have either one of your pompous pricks actually submitted a DS-260 Form? Thought not so what makes you an expert on DS-260 yet your imply that your knowledge about the entire dv lottery process is flawless. Will definetely find myself a forum where members do not exude such arrogance. I'm Out!!! Drops mike and walks away....

[zuroma999 12]

Hey now, everyone calm down! I found another $47 in my couch cushions, went to a matinee of Godzilla and then came back to as much chaos as destruction here as there was to San Fran in the movie.

Everyone can happily agree or disagree, it's not a big deal. No one's an authority here, but indeed Britsimon and SusieQQQ have gone through this process before. Take their opinion wrought from experience, add in what the two lawyers told me along with your own common sense and then answer the question how you see fit.

I honestly don't think this question, answered either way, will have a bearing on anything. Just answer with conviction and be prepared to explain why you answered the way you did if it is brought up at the interview.

[EmilyW 1,443]

From my reading of that question, unless there is a specific legal definition of 'skilled' and 'unskilled', it seems like a general question around intent... which would lead to a 'yes' answer.

Yes, I intend to work in skilled labour. I figure, at the interview, if there is any question over that answer, I can answer that I truthfully interpreted the question to mean, 'do I intend to work in a skilled capacity', which I do, so I answered 'yes'.