Recently, several major healthcare organizations voiced their strong opposition to the Department of Homeland Security’s (DHS) proposed fees for H-1B visa applications.
The comment period for the DHS proposal titled “Fee for Certain H-1B Petition” closed on Thursday. Among those expressing concerns were the American Hospital Association (AHA) and the American Medical Association (AMA), both of which criticized the hefty $103,265 fee suggested by DHS under the Trump administration.
The AHA shared its worries in an open letter addressed to Joseph Edlow, the Director of U.S. Citizenship and Immigration Services (USCIS). They highlighted that this rule could have a serious effect on the doctors working in the 5,000 hospitals they represent.
In the letter, they suggested, “It’s crucial that DHS exempts healthcare professionals from any extra fees to ensure that communities continue to have timely access to high-quality healthcare.”
Similarly, the AMA sent a letter to DHS Secretary Markwayne Mullin, arguing that the new costs could have devastating effects on International Medical Graduates and the healthcare system as a whole.
They went so far as to claim in their letter, “This proposed rule likely contradicts the Major Questions Doctrine.”
This doctrine posits that an agency goes beyond its authority when it attempts actions of significant political and economic impact that Congress has not expressly permitted it to undertake. (RELATED: H-1B Visas Are The One Topic Vivek Ramaswamy Refuses To Talk About)
An important issue that could have real repercussions in healthcare:
A $103,000 visa fee could have a very real impact on whether some communities can access quality care from a doctor.That’s why the AMA is urging the Administration to exempt physicians from the proposed H-1B…
— AMA (@AmerMedicalAssn) September 24, 2026
The DHS and USCIS responded to inquiries saying they would consider public feedback regarding the proposed rule through the comment process.
The H-1B visa program, which began in 1990, allows U.S. employers to temporarily bring in foreign workers for highly skilled positions in fields like technology, engineering, and healthcare.
The DHS proposal aims to raise funds to support the federal government’s immigration enforcement and administrative costs. For the fiscal year 2026, DHS has allocated $356 billion across its various divisions.
Most of USCIS funding comes from the fees charged to applicants for immigration benefits, and according to the proposed rule, DHS has the authority to levy fees to recover costs related to immigration services.
“Congress has set limits on the number of foreign workers allowed initial H-1B visas or status each fiscal year,” the regulation elucidates.
The cap for new H-1B nonimmigrant visas is set at 65,000 annually, alongside an exemption for up to 20,000 petitioners with qualifying U.S. master’s degrees or higher, as outlined by the Department of Labor.
Currently, foreign healthcare professionals holding H-1B visas represent less than five percent of all H-1B holders in the U.S., and approximately one percent of active physicians in 2024, based on figures from the AHA. The AHA emphasizes the existing shortage of healthcare workers and suggests that the new fee regulations will exacerbate this issue.
In October 2025, a coalition led by Global Nurse Forces filed a lawsuit against the Trump administration following an executive order to raise the H-1B application fee from around $3,500 to $100,000. This case is still ongoing in California’s district court.
Additionally, Republican Representative Mike Kennedy from Utah has proposed legislation that would make the H-1B visa fees permanent.
He remarked, “I have a personal connection to immigration—my father was an immigrant. While I fully support immigration, we must ensure that it doesn’t somehow disadvantage American workers or become exploited.”
