The November 3 US midterm elections could determine the future of President Donald Trump’s immigration agenda, including tighter H-1B visa rules, employment-based green cards and deportations. With Republicans
currently controlling both the House of Representatives and the Senate, Democrats need a net gain of four seats in each chamber to take control.
Trump’s record-low popularity, voter concerns over the cost of living and his administration’s immigration crackdown are among the issues shaping the elections. A Democratic victory in either chamber could make it harder for the President to push through new immigration legislation. However, it would not automatically reverse the executive actions and regulations already introduced by his administration.
What Could A Democratic Congress Change?
If Democrats take control of the House or Senate, they could block or amend restrictive immigration bills, challenge funding requests and use congressional hearings and subpoenas to examine the functioning of agencies such as Immigration and Customs Enforcement (ICE), Border Patrol and the Department of Homeland Security (DHS).
They could also scrutinise the Department of Labor and US Citizenship and Immigration Services (USCIS), including their handling of H-1B applications, wage requirements and enforcement against outsourcing-dependent companies.
Republicans previously had to pass a $70 billion funding measure for ICE and Border Patrol after a deadlock with Democrats, highlighting how contentious immigration spending has become.
However, Democrats would need substantial support to pass legislation over a presidential veto. Trump has indicated that he would use his veto powers aggressively if Democrats take control of Congress.
H-1B Restrictions And Green Card Rules
The election comes amid tighter immigration rules for foreign workers. Earlier this month, the US government announced that Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services (TCS) and other major IT outsourcing companies and software makers would be suspended from the PERM permanent labour certification process, a key green-card programme.
Congressional proposals could also affect foreign workers, particularly Indians in the US.
Wisconsin Representative Glenn Grothman and Republican Senator Jon Husted have introduced the Protecting American Workers Through H-1B Modernization Act in their respective chambers. The proposal seeks to close an exemption that allows certain H-1B-dependent employers to avoid some protections for American workers.
Under existing rules, such employers must show that they first tried to hire American workers before sponsoring additional H-1B employees. However, exemptions apply if the foreign worker earns at least $60,000 annually or holds a master’s degree or higher. The threshold was introduced in 1998. Grothman’s office says it should now be $140,000 after adjusting for inflation.
“American workers should come first in their own country,” Grothman said, arguing that employers should not be allowed to rely on an outdated salary threshold.
Another proposal, the End H-1B Abuse Act, introduced by Republican Senator Tim Sheehy, seeks a three-year pause on new H-1B visas and aims to codify the $100,000 fee imposed on certain petitions by the Trump administration. The fee was struck down by a federal court.
Sheehy said the programme was intended to address shortages in specialised jobs, not replace American workers with cheaper foreign labour.
What Will Not Change Immediately?
A Democratic Congress cannot automatically cancel Trump’s executive actions. The annual H-1B cap of 65,000 regular visas and 20,000 for eligible US advanced-degree holders is set by law and can be changed only through legislation.
Trump would also retain authority to change how the programme is administered through DHS and USCIS rules, policy decisions and enforcement, within existing law.
The White House is reportedly preparing further executive measures, including tighter rules for foreign students and temporary workers, in case Democrats win control. The $100,000 H-1B fee, imposed through executive action and extended by another year in September, remains subject to legal challenges.
What The Election Could Mean For Indians
If Democrats win the House, they could intensify investigations, block restrictive bills and challenge funding. A Democratic Senate could complicate legislation and confirmations, while control of both chambers would offer the strongest legislative resistance. If Republicans retain Congress, Trump’s agenda would have a clearer path.
For H-1B workers and employers, particularly Indians, a Democratic victory could slow new restrictions and increase scrutiny of existing policies. But it would not automatically restore easier access to H-1B visas or reverse measures already introduced.
A change in congressional control could therefore create resistance to Trump’s immigration agenda, but the President would retain significant executive powers to shape its im
