September 19, 2025 Presidential Proclamation - Does it cover H-1B1 visas?

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here and my law firm website can be found here.  Feel free to connect with me on Linkedin.

Unfortunately, on September 19, 2025, the President issued a Presidential Proclamation on "Restriction of Entry of Certain Nonimmigrant Workers".  Here is a summary of the Proclamation:

This proclamation restricts the entry of H-1B workers from outside the US whose H-1B petitions are not accompanied by a $100,000 payment.

Exceptions to this restriction can be made if the Department of Homeland Security determines that the hiring of the H-1B worker is in the national interest and does not pose a threat to the security or welfare of the U.S.

This proclamation is effective September 21, 2025 at 12.01 am EDT and is set to expire after one year but may be extended.

The following is unclear at this time:

- How the $100,000 fee will be collected by the government and what is acceptable proof of such payment

- Whether or not the $100,000 fee applies to "cap-exempt" H-1B workers outside the US

- What is meant by "in the national interest and does not pose a threat to the security or welfare of the U.S." and how to prove it.

The full proclamation is available here.

Pertinently, Singaporeans who are on H-1B1 visas may be wondering, does this proclamation cover H-1B1 visas?

The probable answer is: Technically not (I hope).  

The proclamation only mentions section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act which refers to H-1B classification and does not include section 101(a)(15)(H)(i)(b1) which refers to the H-1B1 classification.

Having said that, if you have an H-1B1 visa interview coming up at the US Embassy in Singapore, be prepared for the possibility of administrative processing whereby the consular officer is unable to approve the visa application at the interview and requires extra time to process it because the Embassy may still be seeking confirmation that the H-1B1 visa is not covered by the proclamation.  

In addition, CBP officers at a port of entry / airport may not be able to tell the difference between H-1B and H-1B1, so do expect some issues and confusion when entering the US on an H-1B1 visa. 

Disclaimer:  This blog post is for informational purposes only and does not constitute legal advice.

September 2025 Interview Waiver Update

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here and my law firm website can be found here.  Feel free to connect with me on Linkedin.

As of October 1, 2025, interview waivers at the US Embassy in Singapore will continue to not be available for most visa classifications, including H-1B1.

Based on the latest interview waiver update from the US Department of State on September 18, 2025:

Effective October 1, 2025, the Department of State will update the categories of applicants that may be eligible for a waiver of the nonimmigrant visa interview.  All nonimmigrant visa applicants, including applicants under the age of 14 and over the age of 79, will generally require an in-person interview with a consular officer except:

• Applicants classifiable under the visa symbols A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1;
• Applicants for diplomatic- or official-type visas;
• Applicants renewing a B-1, B-2, B1/B2 visa or Border Crossing Card/Foil (BBBCC/BBBCV for Mexican applicants) within 12 months of the prior visa’s expiration when the prior visa was issued for full validity at the time of issuance and the applicant was at least 18 years old;
• Applicants renewing an H-2A visa within 12 months of the prior visa’s expiration when the prior visa was issued for full validity at the time of issuance and the applicant was at least 18 years old.

To be eligible for an interview waiver, applicants must also meet certain criteria, including that he or she:

• apply in his or her country of nationality or usual residence (except diplomatic and certain official visa applicants);
• have never been refused a visa (unless such refusal was overcome or waived); and
• have no apparent or potential ineligibility.

Disclaimer:  This blog post is for informational purposes only and does not constitute legal advice.