Washington: The outcome of the US midterm elections could influence the future of H-1B visa policies, particularly for Indian professionals, as Republicans and Democrats remain divided over President Donald Trump’s immigration measures.
The elections, held on November 3, will determine control of Congress for the remaining two years of Trump’s presidency. Any shift in the balance of power could affect how easily the administration advances its immigration agenda, including the proposed $100,000 fee on new H-1B applications.
Indians have a significant stake in the outcome. According to US Citizenship and Immigration Services (USCIS) data, India-born beneficiaries accounted for 69.9% of all approved H-1B petitions in fiscal year 2025.
A Democratic majority in either chamber could increase congressional scrutiny of Trump’s immigration policies and make it difficult for Republicans to secure legislative approval for stricter measures. However, a change in congressional control would not automatically reverse presidential directives. Trump would retain his veto powers, limiting the scope for Democrats to introduce major policy changes.
The proposed $100,000 H-1B fee has also encountered legal challenges. According to Reuters, a US district judge blocked its implementation after finding that the USCIS and State Department had not followed the required rulemaking procedures. Another federal court in Boston separately ruled that the fee amounted to an unauthorised tax.
If Republicans retain control, they could attempt to secure congressional backing for the fee through legislation.
The H-1B programme allows US employers to recruit foreign professionals in specialised occupations. It has an annual cap of 65,000 visas, with an additional 20,000 reserved for advanced-degree holders from US institutions. Visas are generally issued for three years and can be extended up to six years.
