Rep. Clarke Leads Bipartisan Push to Exempt Health Sector from $100,000 H-1B Visa Fee

2026-02-14 - 14:49

A bipartisan coalition of lawmakers is urging the US Department of Homeland Security to exempt the health care sector from a newly introduced $100,000 fee on employers petitioning for new H-1B visas, warning that the measure could deepen workforce shortages and jeopardize patient care nationwide. Representatives Yvette D. Clarke (NY-09) and Michael Lawler (NY-17) on Wednesday, Feb. 11, led 98 colleagues in submitting a bipartisan, bicameral letter to Kristi Noem, Secretary of the United States Department of Homeland Security (DHS). The lawmakers are calling for a sector-specific exemption, arguing that the added cost would disproportionately burden hospitals and medical institutions already facing severe staffing constraints. Clarke, who chairs the Congressional Black Caucus, emphasized that the nation’s health workforce crisis is already undermining access to care in both rural and urban communities. “Worsening workforce shortages across all health care professions are significantly diminishing access to care in rural and urban communities across the nation,” the letter states. “According to the Health Resources and Services Administration, nearly 87 million Americans live in areas federally designated as lacking enough medical professionals to address the community’s health care needs. “Physician demand could exceed supply by up to 86,000 in the next decade, and clinical laboratory science programs are educating less than half the number of clinical laboratory professionals needed,” the letter adds. The lawmakers argue that domestic pipelines alone cannot close the widening workforce gap. “These shortages cannot be filled by the domestic workforce alone, and projections will worsen if health care employers cannot continue to recruit and retain international health care workers,” the letter notes. They caution that the financial burden of a $100,000 fee per petition could destabilize already strained institutions. “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,” the letter continues. “If these hospitals cannot petition for new H-1B visas to address their staffing needs without also having to pay this fee, it will further damage their financial viability.” The coalition warns that without relief, critically needed positions may remain vacant, particularly in underserved communities. “We strongly urge you to exempt the health care sector from this burdensome fee,” the lawmakers wrote. Health industry leaders echoed those concerns. Ken Raske, president of the Greater New York Hospital Association, said: “New York hospitals have long used the H-1B visa program to ensure they can deliver world-class health care, train the next generation of physicians, and conduct cutting-edge research. “The filing fee for H-1B visa petitions poses a grave threat to this critical mission,” he said. “It will further strain hospitals, exacerbate ongoing workforce shortages, and diminish access to care. I thank Representatives Clarke and Lawler for their leadership and advocacy on this important issue.” Danielle Turnipseed, chief public policy officer of the Association of American Medical Colleges (AAMC), said: “We know the positive impact that H-1 visa holders have in health care – they help fill in the gap in our country’s health care delivery system, providing care where it is needed most and in the face of acute workforce shortages. “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,” she added. Bea Grause, RN, JD, president of the Healthcare Association of New York State (HANYS), described the visa program as “a critical lifeline to healthcare organizations statewide, helping to ease existing workforce shortages in underserved communities. “Additional barriers, such as the new $100,000 fee for each visa applicant, jeopardize access to care and increase costs in areas already struggling to meet demand,” she said. “HANYS applauds Representatives Clarke and Lawler for leading on this important issue and calling on DHS to exempt the healthcare industry from additional undue burden.” René Bravo, MD, president of the California Medical Association, added: “I see firsthand how deeply our health care system depends on international medical professionals, especially in rural communities. “A $100,000 fee on H-1B visas is not just excessive, it is a direct threat to patient access to care,” she said. “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.” The letter was signed by 100 Members of Congress and has garnered support from numerous health care organizations nationwide, underscoring the broad concern that the proposed fee could significantly disrupt the nation’s already fragile health care delivery system.