US Midterms 2026: Will Trump's Immigration Policies Face A Check? What It Means For H-1B Visas, Green Cards For Indians

(MENAFN- Live Mint) The November 3 US midterm elections could have implications for thousands of Indian professionals working in, or seeking to move to, the United States.

With President Donald Trump's administration tightening skilled-worker immigration rules, the outcome of the elections will determine whether Republicans retain control of Congress or Democrats gain the power to scrutinise and potentially block parts of the president's legislative agenda.

Republicans currently hold narrow majorities in both chambers. Democrats need a net gain of four seats in the House of Representatives and four in the Senate to take control of each.

Even if Democrats win, they cannot automatically reverse immigration restrictions introduced through presidential orders or executive agencies.

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The H-1 programme allows US employers to hire foreign professionals for specialised roles and is widely used by technology companies and IT services firms employing Indian workers.

Several Republican-backed proposals in Congress seek to tighten the programme.

One is the Protecting American Workers Through H-1B Modernisation Act, introduced in both chambers. It seeks to raise the salary threshold for certain H-1B-dependent employers to qualify for an exemption from requirements to first recruit American workers.

Another proposal, the H-1B Visa Fraud Crackdown Act, seeks to sharply increase penalties for serious programme violations and document fraud. It was introduced in the House in October and referred to the Judiciary Committee.

Neither proposal has become law.

If Republicans retain control, these proposals could have a clearer path through Congress, although passage is not guaranteed.

A Democratic-controlled chamber could slow or block them through committee action, hearings and legislative negotiations.

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Employment-based green cards are another area to watch, particularly for Indian professionals who face long waits for permanent residency.

The Trump administration has already suspended new and pending PERM labour-certification applications involving major technology and outsourcing companies, including Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies and Capgemini. The administration has cited alleged abuse of the immigration system, according to a Reuters report.

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 points system. It also proposes restricting family-sponsored immigration largely to spouses and minor children and eliminating the Diversity Visa programme.

The bill was referred to the House Judiciary Committee after its introduction in September.

If enacted, such a system could change how applicants qualify for employment-based green cards. Its impact on Indian applicants would depend on the points criteria, the treatment of existing applications and any transition 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 introduced through executive orders or administrative action. The Trump administration has used presidential directives and agency powers to tighten H-1B rules and enforcement.

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