Lawmakers Urge Exemption for Health Care Sector from $100,000 H-1B Visa Fee

Bipartisan group of 100 members of Congress warn fee could worsen staffing shortages at hospitals

Published on Feb. 12, 2026

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A bipartisan group of 100 lawmakers sent a letter to the Department of Homeland Security urging an exemption for the health care sector from the Trump administration's $100,000 H-1B visa fee. The lawmakers warn that the fee could exacerbate existing staffing challenges at hospitals and push financially strained institutions to the brink.

Why it matters

The Trump administration's $100,000 fee on certain H-1B visa petitions is part of efforts to curb program misuse and encourage employers to hire higher-paid American workers. However, the health care sector relies heavily on international workers to fill critical roles, and the lawmakers argue the fee could worsen staffing shortages and access to care, especially in rural and underserved areas.

The details

The letter, led by Representatives Yvette D. Clarke and Michael Lawler, states that health care providers rely on international workers for positions like physicians, clinical laboratory staff, and other specialists. The lawmakers warn that the fee could force hospitals to redirect funds away from patient care and recruitment, leaving open positions unfilled and limiting access to care in high-need areas.

  • The letter was sent to the Department of Homeland Security on Wednesday, February 12, 2026.

The players

Kristi Noem

Secretary of Homeland Security.

Yvette D. Clarke

A Democratic Representative from New York who co-led the letter.

Michael Lawler

A Republican Representative from New York who co-led the letter.

Greg Steube

A Republican Representative from Florida who introduced legislation to permanently end the H-1B visa program.

Danielle Turnipseed

Chief Public Policy Officer of the Association of American Medical Colleges.

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What they’re saying

“The AAMC knows that restricting access to H1-B visas will worsen the nation's existing physician shortage, put strains on the health care workforce and ultimately jeopardize patient access to care, and we simply can't let any of those things happen.”

— Danielle Turnipseed, Chief Public Policy Officer, Association of American Medical Colleges (Press release)

“A $100,000 fee on H-1B visas is not just excessive, it is a direct threat to patient access to care. Exempting the health care sector is squarely in the national interest and essential to protecting the stability of our workforce and the health of millions of patients.”

— René Bravo, MD, President, California Medical Association (Press release)

What’s next

The U.S. Court of Appeals for the D.C. Circuit has agreed to fast-track the case challenging the $100,000 H-1B visa fee, with an expedited briefing schedule. The appellate court's decision will determine whether the fee stays in place, is blocked, or modified, and could influence how future H-1B petitions are processed.

The takeaway

This bipartisan effort highlights the critical role international workers play in the U.S. health care system and the potential consequences of policies that could exacerbate staffing shortages, especially in underserved areas. The outcome of the legal challenges will have significant implications for hospitals' ability to recruit and retain essential medical personnel.