US Mid-2026: Will Trump’s Immigration Policy Face Scrutiny? What this means for H-1B visas, green cards for Indians | Today’s news
The US midterm elections on November 3 could have implications for thousands of Indian professionals working in or looking to move to the United States.
As President Donald Trump’s administration tightens immigration rules for skilled workers, the outcome of the election will determine whether Republicans retain control of Congress or Democrats gain the power to control and potentially block parts of the president’s legislative agenda.
Republicans currently hold slim majorities in both chambers. Democrats need a net gain of four seats in the House of Representatives and four seats in the Senate to control each.
Even if Democrats win, they cannot automatically reverse immigration restrictions imposed by presidential orders or executive agencies.
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What might change about H-1B visas?
The H-1B program allows US employers to hire foreign professionals for specialized roles and is widely used by technology companies and IT services firms employing Indian workers.
Several proposals supported by Republicans in Congress seek to tighten the program.
One is the Protecting American Workers through the H-1B Modernization Act, which has been introduced in both chambers. It seeks to raise the salary threshold for some H-1B-dependent employers to qualify for an exemption from requirements for first-time hires of US workers.
Another proposal, the H-1B Visa Fraud Crackdown Act, seeks to significantly increase penalties for serious program violations and document fraud. It was introduced in the House in October and referred to the Judiciary Committee.
Neither proposal became law.
If Republicans retain control, those proposals could have a clearer path through Congress, though passage is not guaranteed.
A Democratic-controlled chamber could slow or block them with committee action, hearings and legislative action.
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What does this mean for employment-based green cards?
Employment-based green cards are another area to watch, especially for Indian professionals who face long waits for permanent residency.
The Trump administration has already suspended new and pending PERM labor certification applications involving major technology and outsourcing companies, including Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies and Capgemini. According to a Reuters report, the administration cited alleged abuses of the immigration system.
The PERM process is an important step in several employment-based green card applications.
Separately, the proposed SMARTER Act seeks to replace the existing employment-based immigration framework with a skills-based point system. He also proposes limiting family-sponsored immigration to mostly spouses and minor children and abolishing the Diversity Visa program.
The bill was referred to the House Judiciary Committee after it was introduced in September.
If enacted, such a system could change the way applicants obtain employment-based green cards. Its impact on Indian applicants would depend on the scoring criteria, the treatment of existing applications and any transitional provisions.
Could Democrats Reverse Trump’s Immigration Crackdown?
A Democratic victory could increase congressional scrutiny of the administration’s immigration policies, including its treatment of skilled foreign workers, visa enforcement and green card applications.
However, a change in congressional control would not automatically reverse measures put in place through executive orders or administrative action. The Trump administration has used presidential directives and agency powers to tighten H-1B rules and enforcement.