Lawmakers Urge DHS to Exempt Health Care Workers from H-1B Visa Fee

Bipartisan letter supported by the AHA calls for waiving $100,000 filing fee to address hospital staffing challenges

Published on Feb. 12, 2026

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A bipartisan group of 100 members of Congress, led by Reps. Yvette D. Clarke (D-NY) and Michael Lawler (R-NY), sent a letter to the Department of Homeland Security urging the agency to grant an exemption from the $100,000 filing fee for H-1B visas to health care workers. The lawmakers argue that imposing this fee will exacerbate existing staffing challenges at hospitals, particularly in rural and high-poverty urban areas, and push some financially strained facilities to the brink.

Why it matters

The COVID-19 pandemic has exacerbated staffing shortages in the health care industry, with many hospitals struggling to fill critical open positions. Requiring a $100,000 fee to hire foreign health care workers on H-1B visas could further strain hospital budgets and limit access to care in underserved communities.

The details

The letter, which was supported by the American Hospital Association (AHA), calls on the Department of Homeland Security to provide an exemption from the $100,000 H-1B visa filing fee for health care workers. The lawmakers argue that this fee will make it even more difficult for hospitals, especially those that are chronically underfunded, to petition for new H-1B visas to address their staffing needs.

  • The letter was sent by members of Congress on February 11, 2026.

The players

Yvette D. Clarke

A Democratic member of the U.S. House of Representatives from New York.

Michael Lawler

A Republican member of the U.S. House of Representatives from New York.

American Hospital Association (AHA)

A national organization that represents and serves all types of hospitals, health care networks, and their patients and communities.

Department of Homeland Security (DHS)

The U.S. federal executive department responsible for public security, including managing immigration and border security.

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What they’re saying

“Imposing a $100,000 fee for new H-1B visa petitions will exacerbate hospitals' existing staffing challenges and could push chronically underfunded hospitals to their financial brink.”

— Yvette D. Clarke, Michael Lawler, U.S. Representatives (aha.org)

What’s next

The Department of Homeland Security will review the letter and determine whether to grant the requested exemption for health care workers.

The takeaway

This bipartisan effort highlights the urgent need to address health care staffing shortages, especially in underserved communities, by providing flexibility and support for hospitals to hire foreign health care workers on H-1B visas without facing prohibitive fees.