U.S. Lawmakers Urge DHS to Exempt Health Care Sector from New H‑1B Fee

Key Point  

• A bipartisan group of 100 lawmakers is urging DHS to exempt the health care sector from the new $100,000 H‑1B petition fee 

Health Care Sector and the H-1B $100,000 Fee  

A bipartisan group of 100 U.S. lawmakers has urged the Department of Homeland Security (DHS) to exempt the health care sector from the new $100,000 fee on employers filing new H‑1B petitions, warning that the policy could deepen critical staffing shortages nationwide. 

Background on the Presidential Proclamation 

In a September 19 Presidential Proclamation, the administration introduced a $100,000 fee for employers filing new H‑1B petitions under the order titled “Restriction on Entry of Certain Nonimmigrant Workers.” The Proclamation also authorizes DHS to grant sector‑wide exemptions when doing so “is in the national interest and does not pose a threat to the security or welfare of the United States.” 

Details of the Lawmakers’ Request 

In the February 11, 2026, letter to DHS Secretary Kristi Noem, lawmakers emphasized that the health care sector meets the criteria for an exemption. They highlighted: 

• Severe workforce shortages across multiple health professions
• Nearly 87 million Americans live in federally designated shortage areas
• Projected physician shortfalls of up to 86,000 in the next decade
• Heavy reliance on the H‑1B program by rural hospitals, safety‑net hospitals and high‑need facilities 

The letter warns that imposing a $100,000 fee on new H‑1B petitions would further strain hospitals’ finances and limit their ability to fill essential roles. 

Lawmakers noted that many health care organizations depend on international physicians, advanced practice providers, clinical laboratory professionals and researchers to maintain adequate staffing and deliver care in underserved communities. Without an exemption, they argue, hospitals may be unable to recruit the talent they need, leaving critical positions unfilled. 

Ongoing Litigation

In addition to this congressional letter, DHS is facing multiple ongoing legal challenges to the $100,000 H‑1B fee, including lawsuits filed by state attorneys general, healthcare and academic groups, and the U.S. Chamber of Commerce, all arguing that the fee exceeds presidential authority and harms employers that rely on global talent.

Looking Ahead  

DHS has the authority to grant a sector‑wide exemption. The agency has not yet announced whether it will act on the lawmakers’ request. 

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