Congress is considering bipartisan legislation to address a substantial barrier that hospitals and other healthcare employers face as they navigate staffing shortages. Since September 2025, they have been subject to a $100,000 supplemental fee to hire H-1B professionals as a result of a presidential proclamation.
On March 17, 2026, two Republican and two Democratic lawmakers (including Rep. Sanford D. Bishop Jr. of Georgia) introduced a bill entitled "H-1Bs for Physicians and the Healthcare Workforce Act." If passed, it would eliminate the supplemental fee on international medical talent recruited to provide healthcare services in the U.S.
Why This Matters for Healthcare Employers and Medical Providers
If the bill is adopted, physicians, medical residents, fellows, registered nurses and advanced practice nurses applying for a position in the healthcare workforce using H‑1B status would be exempt from the $100,000 additional entry fee. This is particularly important for rural hospitals, safety‑net providers, and teaching institutions that have traditionally relied heavily on foreign‑trained clinicians.
What the Bill Does Not Change
This proposal does not eliminate the H‑1B annual cap, does not create a new visa category, and does not change prevailing wage, licensing, or labor condition application requirements. All standard H‑1B compliance obligations remain in place.
Current Status of Chamber of Commerce v. DHS, et al.
Unrelated to the bill currently proposed in Congress, multiple lawsuits challenging the legality of the 2025 presidential proclamation are currently pending. The lead case is Chamber of Commerce v. DHS, currently on appeal in the U.S. Court of Appeals for the D.C. Circuit. Oral arguments in the case occurred on March 9, 2026.
Next Steps
Healthcare employers and healthcare professionals should continue to follow existing H‑1B rules while monitoring legislative developments and the outcome of the lawsuits.
For more information, please contact us or your regular Parker Poe contact. Click here to subscribe to our latest alerts and insights.