WASHINGTON: The Democrats' gains in the US midterm elections are unlikely to bring H-1B visa holders immediate relief, immigration lawyers say. "The immediate impact will be greater accountability and resistance rather than wholesale reversal," said Poorvi Chothani, managing partner of LawQuest, who expects some concessions and possibly softer enforcement.
Why reversal is hard
- President Donald Trump imposed the $100,000 fee on new H-1B petitions through a proclamation dated September 19, 2025.
- Overturning it would need his signature or two-thirds majorities in both chambers to override a veto, which the Democrats do not have.
- The administration controls most of the implementation.
What Democrats can do
Control of House committees such as Judiciary and Homeland Security would let Democrats hold hearings, issue subpoenas and use appropriations to apply pressure. "Regulations that are overtly oppressive is likely to be overruled by Congress," said Rajiv Khanna, a Virginia immigration attorney. Members of the New Democrat Coalition have already asked the Department of Homeland Security to exempt health care workers from the fee.
Indians received about 70% of approved H-1B petitions in fiscal 2025, according to a USCIS report to Congress. The new Congress convenes in January 2027. Until then, executive proposals affecting H-1B workers and Indian students can proceed regardless of the election result.
