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.
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