New Delhi: The US midterm elections in November could influence the future of immigration policy, including proposals to tighten H-1B visa rules and overhaul the employment-based green-card system. The outcome will determine which party controls Congress and how much room lawmakers have to advance or block proposed changes.
For Indian professionals, the main concerns include higher salary requirements for skilled-worker visas, a possible suspension of H-1B visa issuance and changes to employment-based green-card eligibility. These legislative proposals are separate from the immigration restrictions introduced by US President Donald Trump's administration.
Proposed H-1B Changes Could Raise Salary Bar
Republican Senator Jon Husted of Ohio has introduced the Protecting American Workers Through H-1B Modernization Act. The legislation proposes replacing the existing $60,000 salary threshold with an amount equal to twice the Social Security Administration’s national average wage index. According to Husted’s office, that would currently put the threshold at nearly $140,000.
Under existing rules, certain employers that depend heavily on H-1B workers face additional requirements intended to protect American employees. However, workers earning at least $60,000 or holding a master's degree or higher can qualify for an exemption from some of these requirements.
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Husted’s bill has been referred to the Senate Judiciary Committee and remains pending.
Republican Senators Tim Sheehy and Bernie Moreno have also introduced the End H-1B Visa Abuse Act of 2026. It proposes suspending H-1B visa issuance until specified restrictions are implemented. Republican Representative Elijah Crane has introduced a corresponding bill in the House. Neither proposal has become law.
Efforts to tighten the program have also attracted support from lawmakers across party lines. Republican Senator Chuck Grassley and Democratic Senator Dick Durbin, along with Senators Bernie Sanders, Tommy Tuberville and Richard Blumenthal, introduced the H-1B and L-1 Visa Reform Act of 2025 to address alleged fraud and abuse. The legislation remains before the Senate Judiciary Committee.
Trump Administration’s $100,000 Fee Faces Legal Hurdles
Separately from the bills under consideration in Congress, Trump's administration has extended its requirement for a $100,000 payment for certain H-1B petitions involving workers outside the US, subject to exceptions. The extension runs until September 21, 2027.
The measure has faced legal challenges, however. A federal judge in California ruled against the fee on September 30, and the administration appealed the decision on October 9. Its implementation therefore remains subject to the ongoing court proceedings.
The White House has also directed agencies to examine H-1B applications more closely when employers have recently laid off, or plan to lay off, US workers in comparable positions.
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These steps are administration policies rather than proposals awaiting approval from Congress, making their legal status and implementation distinct from the pending bills.
Green Card Proposal Would Introduce Points-Based Selection
Republican Representative David Schweikert of Arizona introduced the SMARTER Act on September 15. The bill proposes replacing the current employment-based green-card preference structure with a points-based system that would assess applicants on factors such as age, education, English proficiency, job offers and compensation.
The legislation would also remove existing country-based numerical limits on green cards. This provision is particularly significant for Indian applicants, many of whom have faced lengthy waits for employment-based permanent residency.
However, removing the per-country limits would not automatically guarantee that the existing backlog would be cleared.
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The bill also proposes narrowing family-sponsored immigration and ending the Diversity Visa program. It has been referred to the House Judiciary Committee and has not become law.
Green Card Processing Also Under Scrutiny
Democratic lawmakers have separately criticized administration policies affecting employment-based green-card processing. Their concerns include guidance favoring consular processing for certain applicants and the suspension of Microsoft and other technology companies from the Permanent Labor Certification (PERM) program.
PERM is an important stage in the process for many employer-sponsored green cards. The suspensions affect new and pending applications involving the companies concerned, but do not automatically cancel workers’ existing H-1B status.
The debate over these policies adds another layer of uncertainty for Indian technology professionals seeking to work or settle permanently in the US.
Election Result Will Influence Legislative Prospects
The November midterms will determine control of both the House of Representatives and the Senate. The results could influence which immigration bills move forward, the extent of congressional scrutiny of the administration and decisions on agency funding.
A change in congressional control would not, by itself, reverse presidential proclamations or existing agency regulations. Depending on the measure, changes could require new legislation, administrative action or a court ruling.
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For Indian professionals, the key questions are whether the proposed H-1B restrictions and green-card reforms make progress and how the administration's existing measures fare in court.
The election will shape the political landscape surrounding US immigration policy, but proposed changes will affect workers only if they are ultimately implemented.