ds 260 department of labor question

[cornmayeat 2]

hey,

i know this question has caused big debates and even name callings in this forum in the past... but i need help with this.

here's the 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?

I can choose "no" and explain at the embassy that i simply dont seek to enter the usa just for performing skilled or unskilled labor since i want to live there as well. But doing so will probably lead them to believe that i would become a public charge if i havent been certified by the secretary or labor.

But i could choose "yes" since i would probably be doing unskilled or skilled jobs.. (depends really, definetly nothing fancy) and i would like to be certified by the secretary of labor.

So i have a bachelor's in business administration degree and 3 years of experience in the marketing and sales and in the previous page where it asked us to enter "which field do you intend to work in the usa" i entered marketing, sales, etc.So are these questions dependent on eachother? if i want to become a retail stores worker or a cashier or a manger, would i require to be certified by SOL?

In either case, does everybody who performs skilled or unskilled labor in the usa have to be certified by the SOL?

Finally, if i do choose "yes", what explainination do i give in the box?

help.

[jas2200 3]

As you said this was a much debated and heated topic. I doubt believe anyone can answer for you but could only answer based on their experience. I selected NO and its may be because I didn't understand the question fully especially since I saw the questions on it here but Its what I did and standby that answer

Labor certification (not to be confused with the Labor Condition Application - LCA) is a United States of America immigration process step. Its stated goal is to "protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers"

[guestgulkan 9]

I choose "Yes" as I intend to work and my job hasn't been certified by the Secretary of Labor.

People who choose "No" focus in on the word 'purpose'.

[cornmayeat 2]

thanks. so if you chose yes, how did you explain in the box?

[zuroma999 12]

I'm having traumatic flashbacks!

As for an explanation, just say you will work without labor certification, as certification is not needed for DV holders.

[cornmayeat 2]

I'm having traumatic flashbacks!

As for an explanation, just say you will work without labor certification, as certification is not needed for DV holders.

excellent, thanks man

[adinutzyc21 2]

This is confusing. If I am in the US on an OPT, does that mean that I have been certified by the division of labor? I'm already performing skilled labor in the US and intend to do so after getting my DV.

[Sunnymrut 3]

I actually didn't pay much attention and answered no for both me and my husband, as I didn't fully understand the question. Is it going to be a big deal???

[SusieQQQ 11,587]

I actually didn't pay much attention and answered no for both me and my husband, as I didn't fully understand the question. Is it going to be a big deal???

Not at all, it's irrelevant for DV purposes.

[Sm1smom 255]

This is confusing. If I am in the US on an OPT, does that mean that I have been certified by the division of labor? I'm already performing skilled labor in the US and intend to do so after getting my DV.

Frankly speaking, it really makes no difference what the response is since DV based petitions do not require labor certification.

To address your specific case though, you're have not been certified by the dept of labor since you're not on an employment based visa. Yes you're already performing a skilled labor in the US as part of your OPT, if your employer was to sponsor you for an employment based GC, you would have had to under go labor certification as a first step.

[adinutzyc21 2]

Thank you! I answered yes and explained that the DV lottery doesn't care about those in the explanation box (barely stopped myself from citing 9 FAM 42.33 N8.1 on there)

[phospho123 2]

Hi cornmayeat!

I put No in the field. They did not even ask me about it at the interview. I guess they realize that some of the questions are ambiguous. For my interview they asked me for the following:

i) Education - Transcripts and stuff including highschool..

ii) Birthcertificate

iii) Police report and

iv) Financial document

I had a lot of thought as to what they could have asked me but it was just a normal chat about what I was going to do in the US. It was pretty straight forward.

I wouldn't even worry about these ambiguous questions.

Good luck!

[zuroma999 12]

Similar to what phospho123 has said: I also put "no" for this answer and went through the interview and they never asked me about it, even though I was ready and willing to explain my answer if they did. As everyone has said, it is not applicable to the DV.