If you’ve been following the immigration news cycle lately, you’ve probably felt a mix of shock, frustration, and: let’s be honest: a bit of “is this actually real?” This week, a bipartisan group of lawmakers decided to address the elephant in the room: the astronomical $100,000 H-1B fee that has been hovering over the U.S. business landscape like a dark cloud.
While we appreciate a good rescue mission as much as anyone, we have to call it like we see it. The newly proposed “H-1Bs for Physicians and the Healthcare Workforce Act” is a well-intentioned band-aid on a wound that requires major surgery. It’s a step in the right direction for our healthcare heroes, but it ignores the fundamental problem: the fee shouldn’t exist in the first place.
At Badmus & Associates, we believe in calling out legal overreach when we see it. Let’s dive into what this new bill means, why the $100k fee is a disaster, and why the President’s original proclamation was a bridge too far.
What is the “H-1Bs for Physicians and the Healthcare Workforce Act”?
Introduced by a bipartisan quartet: Representatives Mike Lawler (R-NY), Maria Elvira Salazar (R-FL), Yvette Clarke (D-NY), and Sanford Bishop (D-GA): this bill aims to exempt healthcare workers from the massive $100,000 fee. 
The logic is simple and, frankly, hard to argue with. The U.S. is facing a critical physician shortage, especially in rural and underserved areas. When you slap a six-figure entry fee on a doctor who wants to work in a community hospital, you aren’t “protecting American jobs”: you’re effectively shutting down the hospital wing.
Who would this bill help?
- Hospitals and clinics in rural America that rely on international medical graduates (IMGs).
- Foreign physicians who are ready to serve on the front lines but are currently blocked by a paywall that would make a Silicon Valley tech giant blush.
- Patients who are seeing wait times skyrocket because there simply aren’t enough providers.
The “Math that Doesn’t Math”: Why the $100k Fee is Failing
When the White House announced these major new restrictions in late 2025, the justification was often framed around revenue or prioritization. However, the data coming in as of March 19, 2026, tells a much grimmer story.
According to recent reports, only about 85 employers have actually paid the fee since it was implemented via Presidential Proclamation 10973. That generated roughly $8.5 million for the government. Sounds like a lot? Think again. Because overall H-1B applications have plummeted, the government has actually lost an estimated $28 million in standard filing fees that would have been collected otherwise. 
In trying to squeeze $100,000 out of a few, the administration has scared off the many. It’s a classic case of economic backfire. The fee isn’t just an “extra cost”; it’s a total deterrent that is draining talent: and revenue: from the United States.
Our Stance: This was a Legal Overreach from Day One
Here is where we at Badmus & Associates get firm. While we support the effort to exempt healthcare workers, we believe the core of the issue is the legality of the fee itself.
The $100,000 fee was imposed by a Presidential Proclamation, not by an act of Congress. In our professional opinion, the President exceeded his authority.
Why the Proclamation is Problematic:
- The Power of the Purse: Traditionally, the power to levy taxes or significant financial burdens (which a $100k fee effectively is) lies with Congress.
- Arbitrary and Capricious: Setting a fee at $100,000: a number that seems plucked out of thin air: without a formal rulemaking process or congressional oversight is the definition of arbitrary.
- Executive Order vs. Law: You cannot simply “decree” a six-figure barrier to a legal immigration pathway that has been established by statute for decades.
If the administration wanted to change the fee structure so drastically, it should have gone through the proper legislative channels. Instead, we have a proclamation that is currently being challenged in court by groups like the Chamber of Commerce, and for good reason.
Why a Healthcare Exemption Isn’t Enough
Don’t get us wrong: we love our doctors. But what about the researchers working on the next cure? What about the engineers building our infrastructure? What about the teachers in our schools?
By only exempting healthcare, Congress is essentially saying, “We acknowledge this fee is a disaster, but we’re only going to fix it for one group.” This creates a tiered system of “valuable” talent that ignores how the economy actually works.
The $100k fee is an arbitrary barrier to talent that hurts the U.S. across the board.
- It stifles innovation in tech.
- It slows down academic research.
- It makes the U.S. look “closed for business” to the brightest minds in the world.
Congress shouldn’t be looking for exemptions; they should be passing a law to eliminate the fee entirely for all sectors. It is time to stop the bleeding and return to a system that encourages, rather than punishes, the world’s best and brightest for choosing the United States.
The Bigger Picture: Navigating the Chaos
We know this is overwhelming. One day there’s a $100k fee, the next day there’s a bill to exempt some people, and the next day there’s a lawsuit. If you are an employer or an applicant, you might feel like you’re playing a game of “Immigration Whack-a-Mole.”
At Badmus & Associates, we’ve spent years helping people navigate these complex (and often unfair) rules. Whether you are looking into National Interest Waivers to bypass some of these hurdles or you’re trying to figure out if premium processing is worth the cost, we are here to provide the roadmap.
What Should You Do Now?
The $100,000 fee is currently in effect, and while this new bipartisan bill is a glimmer of hope, it hasn’t passed yet. You must plan as though the current rules apply while staying ready to pivot if the legal or legislative landscape shifts.
Here are your next steps:
- Don’t Panic: Legislative proposals move slowly. We will keep you updated on the progress of the Lawler-Salazar-Clarke-Bishop bill.
- Audit Your Talent Needs: If you are in the healthcare sector, keep a close eye on this. This could change your recruitment strategy for late 2026.
- Explore Alternatives: If the H-1B path feels blocked by this “pay-to-play” fee, talk to us about O-1 visas, TN visas, or Green Card pathways that might not carry the same heavy baggage.
- Stay Informed: The $100k fee has a “sunset” clause and is expected to expire in October 2026 unless renewed. The next few months are critical.
We’ve Got Your Back
The team at Badmus & Associates is committed to fighting for a fair and functional immigration system. We believe that talent should be judged by its merit, not by the size of the check an employer can write to the government.
If you have questions about how these fees affect your business or your career, don’t hesitate to reach out. We specialize in making the complex simple and the unfair manageable.
Stay informed, stay prepared, and let’s navigate this together. 
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Immigration laws are subject to frequent changes, and you should consult with a qualified attorney regarding your specific situation.
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