US midterm election results could impact H-1B visa policy

The results of the midterm elections held in the US could shape the future H-1B visa policy, a matter being closely monitored by countries including India. These elections, held on 3 November, could determine the final 2 years of Donald Trump's administration. According to data from US Citizenship and Immigration Services (USCIS), in the financial year 2025, the share of people born in India in all approved H-1B applications was 69.9%.

Currently, the Republican party holds control over Congress, with a majority of 219-214 in the House of Representatives and 53-47 in the Senate. If the Democratic party gains control of Congress, it may become difficult for Trump to advance his agenda. According to a report by NDTV Profit, a Democratic victory could increase scrutiny of immigration rules and stall Republican-backed proposals, although the possibility of major policy changes is low. Even if Democrats secure a victory, Trump's presidential proclamations will not be automatically revoked, as the President retains the power to veto laws.

The results of these elections are particularly important for H-1B visa holders because Trump had announced strict immigration measures after returning to the White House for a second term. Last September, he announced a fee of $1,00,000 for new H-1B visa applications. Previously, employers generally paid between $2,000 to $5,000 based on various factors. Defending this move, Trump said that this program is being used intentionally not to supplement American workers, but to replace them with lower-income and lower-skilled workers.

Legal challenges have also arisen against this $1,00,000 fee. According to a report by Reuters, US District Judge Havwood Gilliam stayed the implementation of this fee because USCIS and the State Department had not followed the necessary regulatory processes. A federal judge in Boston had also previously ruled that this fee is an illegal tax that Congress never authorized. Some states led by Democratic leadership have also challenged this fee in court, stating that it could cause damage to local economies, universities, hospitals, and technology businesses.

If the Republican party maintains control over Congress, they may attempt to pass laws that could provide a legal basis for this fee. Conversely, a Democratic majority could block such attempts. Critics of the H-1B visa also say that many companies are abusing the program by replacing American workers with cheap foreign labor.

The H-1B program allows employers in the US to hire foreign workers trained in specialized fields. There is an annual limit of 65,000 visas in this program, with another 20,000 positions reserved for workers with advanced degrees from American institutions. H-1B status is generally granted for 3 years initially and can be extended up to 6 years.

The H-1B visa program was a system to provide jobs to foreign skilled workers in the US. Under this program, experts in technology and other specialized fields could work in the US.