$100,000 H-1B “Payment” Update: Lawsuit Dismissal and No Movement on National Interest Exemption

In September 2025, President Trump released a Presidential Proclamation imposing a $100,000 “payment” for certain H-1B workers. See our previous update on the payment here.

On December 23, 2025, a Washington, D.C. federal district court judge dismissed the U.S. Chamber of Commerce’s lawsuit against the Trump Administration for the $100,000 payment. The judge granted summary judgment in favor of the Trump Administration, stating that the Proclamation’s lawfulness “rests on a straightforward reading of congressional statutes giving the President broad authority to regulate entry into the United States for immigrants and nonimmigrants alike.” See the Chamber of Commerce’s dedicated lawsuit page with a link to decision and the Chamber’s appeal of the decision here. 

Additionally, as of December 31, 2025, our office has not been informed of USCIS issuing any decision on an employer’s request for a national interest exception to the payment. USCIS has only sent employers an email confirming receipt of their request. 

We will continue to provide updates on the $100,000 payment as we receive them.