By: Jennifer Fabian-Verzosa, Esq.

In 2013, there were over 4 million Filipino workers employed in other countries worldwide on a “temporary” basis. Over 3 million of those Filipinos were employed in Asia , including the United Arab Emirates (UAE), Malaysia, China, and Saudi Arabia.[FN1]

It might come as a surprise to learn that it is actually fairly common for a person to apply for a B2 Visa outside of their home country. It happens every day. However, the type of applicants who get approved are those who are able to show a more long-term permanent residence in the place where they submit their application . The reason is because they have to satisfy the requirement of nonimmigrant intent (i.e., intent to return home promptly after their U.S. trip).

Additionally, applicants would have to show sufficient resources to fund their trip . That is yet another different hurdle to overcome.

 While it is not “impossible” for an overseas Filipino worker (or any foreign worker in general) to get a Tourist Visa approved at a U.S. embassy other than the one in Manila or their country of citizenship, the biggest concern would be trying to meet the intent to return requirement . This is definitely an issue if someone is only working in the foreign country on a temporary basis.

 So….can an overseas worker apply and qualify for a U.S. Tourist Visa at, for example, a U.S. embassy in Dubai or Kuala Lumpur (Malaysia)? Of course. To date, there is no stated policy against it.

However, a U.S. Immigration Attorney would be the best resource for determining:

• Whether a worker can satisfactorily meet the requirements; and
• Using precisely what evidence

Documenting intent to return to your foreign residence requires an understanding of U.S. immigration law.

Oftentimes applicants are qualified but provide the wrong evidence, or insufficient evidence. This type of reckless behavior leaves you susceptible to even more questioning.

The success of your application also requires an awareness of the procedures at the particular U.S. embassy you are applying at , including good preparation for your consular interview .

It would be a mistake to simply rely on the advice of friends with seemingly similar, but very different situations, or those only repeating stories heard through the grapevine. Your behavior and disclosures during the visa application process can affect your future filings with the US Department of State. You do not want to create a negative record, especially if you want to enter the U.S. in the future .

[FN 1] “Stock Estimate of Filipinos Overseas As of December 2013” (PDF). Department of Foreign Affairs, Philippine Overseas Employment Administration, Commission on Filipinos Overseas. Retrieved 2-17-2016.

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DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

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