Congress Implores DHS to Exempt Healthcare Workers from $100,000 H 1B Visa Fee

In February 2026, bipartisan members of Congress renewed calls for relief from the $100,000 H 1B visa filing fee for international healthcare workers. In an American Hospital Association (AHA)-supported letter sent to the U.S. Department of Homeland Security (DHS) on February 11, lawmakers urged the agency to exempt healthcare workers from the fee, warning that the policy threatens already‑strained hospital staffing nationwide.

The letter, led by Representatives Yvette D. Clarke (D‑NY) and Michael Lawler (R‑NY), was signed by 100 members of Congress and emphasized that hospitals and health systems rely heavily on international professionals to maintain access to care, particularly in rural and underserved communities.

 

Hospitals Warn of Worsening Workforce Shortages

 

Lawmakers cautioned that imposing a $100,000 fee on new H‑1B visa petitions would further exacerbate existing staffing shortages and push financially vulnerable hospitals closer to the brink. According to the letter, if healthcare employers are unable to petition for H‑1B workers without absorbing the additional cost, critical clinical positions may remain unfilled, reducing patient access to essential services.

 

AHA Continues Advocacy for a Healthcare Exemption

 

The AHA’s support for the congressional letter aligns with broader, ongoing advocacy efforts by hospitals, academic medical centers, and healthcare associations seeking an exemption from the $100,000 H‑1B fee. These organizations argue that restricting access to H‑1B visas will worsen workforce shortages across multiple healthcare professions and undermine the financial viability of care providers serving high‑need populations.

 

As DHS continues to evaluate implementation of the fee, healthcare stakeholders remain focused on securing targeted relief that recognizes the essential role international professionals play in sustaining the U.S. healthcare system.

March 2026 Visa Bulletin: Movement Forward and Current EB-2 Categories

The Department of State has just issued the March 2026 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Immigrant Visa):

Table B: Dates for Filing – Form I-485 Applications to Adjust Status with these priority dates or earlier may be filed with USCIS:

USCIS will continue to use Table B: Dates for Filing chart for I-485 employment-based filings in March 2026. See: USCIS Visa Bulletin Dates

MU Law Analysis

The most significant surges forward are for Adjustments of Status under the Dates for Filing Chart, where EB-2 categories for All Chargeability Areas, Mexico and the Philippines are current for the first time since November 2022, and EB-2 India moved forward nearly a year to November 1, 2014.

EB-1 China and India each moved forward 1 month. EB-3 All Chargeability Areas and Mexico moved forward 3 months, and EB-3 Philippines moved forward 2 months.

Interestingly, the visa bulletin confirms that the dates for filing and final action dates advanced significantly in March 2026 as a result of the various immigration restrictions put in place by the Trump administration. The visa bulletin notes that if immigration restrictions are later eased or if visa demand increases, retrogression could be necessary later in the fiscal year. 

2026 H-1B Cap Webinar

MU will be hosting a FREE webinar on Thursday, February 19th at 2PM Eastern for our friends and clients. Please join us! 

Join us for this FREE webinar to learn more about:

• $100K Fee latest updates
• H-1B Cap Registration Process/Timeline
• Weighted Lottery Rule
• What is a Specialty Occupation?
• Cap-gap for F-1s as well as CPT/OPT Maintenance

Please join us!

US Healthcare Industry Continues to Push for Exemptions to $100,000 H-1B Fee

In September 2025, President Trump instituted a prohibitive $100,000 fee on new H-1B visas. While lawsuits against the fee have been ongoing, the fee currently remains in effect. Hospitals, medical schools, and other healthcare companies have continued their calls for an exemption from the fee for international healthcare professionals who are essential to the US healthcare system.

In a recent article, the American Association of Medical Colleges (AAMC) raised concerns about how the fee is already affecting major staffing decisions for US hospitals approaching national Match Day with graduating medical students on March 20, 2026.

AAMC reports that in a fall survey by the Greater New York Hospital Association (representing 260 hospitals across NY, NJ, CT, and RI), 25% of hospitals said they had paused, deferred, or limited recruitment of physicians requiring H‑1B visas. Those hospitals currently employ 1,100 H‑1B medical residents and 800 H‑1B attending physicians, highlighting the scale of potential disruption.

Importantly, AAMC emphasizes that visa‑holding physicians do not displace U.S. graduates; in fact, 97.8% of U.S. MD seniors matched into residency positions in 2025.

International medical graduates make up about 25% of all practicing U.S. physicians. In fiscal year 2024 alone, approximately 11,000 new H‑1B visas were approved for physicians, who disproportionately practice in rural and high‑poverty counties and are more likely to work in primary care.

AAMC has cosigned multiple letters, joining medical organizations, institutions of higher education, and health professions education groups, in requesting that the U.S. Department of Homeland Security (DHS) exempt these groups from the fee. AAMC also sent a letter to DHS Secretary Kristi Noem in December 2025, warning that the proclamation will worsen the nation’s existing workforce shortage, further strain the health care workforce, and ultimately jeopardize patient access to care.

FY 2027 H-1B CAP Lottery

The fiscal year 2027 (March 2026) H-1B cap registration period will open at noon ET on Wednesday, March 4, 2026 and close at noon ET on Thursday, March 19, 2026.

H-1B cap registrations are submitted electronically via USCIS’s website. H-1B cap lottery winners are then eligible to submit an H-1B petition between April 1, 2026 – June 30, 2026.

The H-1B cap lottery is open to employees filling positions requiring Bachelor’s degrees, which may include healthcare occupations such as Medical Technologists, Occupational Therapists, Physical Therapists, and even Registered Nurses.

Notable changes to this year’s H-1B cap season are:

USCIS will require a $100,000 payment for new H-1B visa applicants who are outside the US at the time of their cap case filing.

USCIS has announced that lottery selection will be weighted, with more entries for selection given to H-1B candidates with high wages.

For the latest on USCIS’s H-1B changes and to ensure your own H-1B filing strategy, please reach out to your MU attorney.