The US consular post in Singapore has communicated that the presidential order of last week restricting issuance of new visa stamps for H-1Bs, L-1s and J-1s will not apply to the H-1B1 visa.

The H-1B1 is essentially an H-1B in terms of legal requirement, but with a specific set-aside of a certain number under the H-1B base cap for nationals of Singapore and Chile. This preferential treatment was established under trade treaties with these two countries.

The presidential order of June 22, 2020 sought to limit entry on various work visas used for employment, but has required continual clarification on account of a severe lack of clarity in how the order was drafted.

This remains of little help as consular posts remain closed for visa processing globally – but if they do reopen before the current presidential order is lifted it may be of some help for Singaporean and Chilean nationals seeking H-1B1 entry.