Washington, November 5, 2026 (Yes Punjab News)
The Democratic Party’s projected capture of both chambers of the US Congress could give it greater influence over immigration, visa and trade policies affecting Indian professionals, but reversing President Donald Trump’s $100,000 fee on new H-1B petitions or tariffs on Indian goods will remain difficult without presidential approval.
Democrats are projected to secure at least 242 seats in the House of Representatives against 151 for Republicans, with 42 races yet to be called. NBC’s model estimates the party could finish with around 259 seats. In the Senate, Democrats are projected to win 54 seats against 44 for Republicans, with Mississippi and Alaska still undecided.
The election also saw the defeat of two prominent Republican figures associated with scrutiny of H-1B employment. Ohio Senator Jon Husted, who sponsored legislation seeking to raise the wage threshold for H-1B exemptions to approximately $140,000, lost to Democrat Sherrod Brown. In Texas, former state Attorney General Ken Paxton, who had opened investigations into H-1B hiring at nearly 30 businesses in North Texas, lost the Senate race to Democrat James Talarico.
The stakes are significant for Indian professionals. According to a US Citizenship and Immigration Services (USCIS) report to Congress, beneficiaries born in India accounted for around 70 per cent of approved H-1B petitions in fiscal 2025, compared with approximately 12 per cent for China.
Democrats have already signalled opposition to two Trump administration measures affecting Indian interests. Members of the New Democrat Coalition wrote to Homeland Security Secretary Kristi Noem seeking exemptions for healthcare workers from the $100,000 H-1B fee introduced through a September 2025 presidential proclamation.
On trade, Representatives Deborah Ross, Marc Veasey and Raja Krishnamoorthi introduced a resolution in December 2025 seeking to terminate the national emergency used by Trump to impose tariffs of up to 50 per cent on Indian goods. The measure, H.J.Res.134, was referred to the House Foreign Affairs Committee but has not received a vote. Krishnamoorthi has since lost his Senate primary and will not return to Congress in January.
With control of the House, Democrats will lead committees overseeing immigration enforcement, visas and trade. The Judiciary Committee has jurisdiction over immigration policy, while the Homeland Security Committee oversees agencies including US Citizenship and Immigration Services, Customs and Border Protection and Immigration and Customs Enforcement. The Ways and Means Committee handles tariffs and trade agreements.
This control would provide Democrats with powers to hold hearings, issue subpoenas and influence departmental funding. However, it would not allow them to directly cancel Trump’s executive actions.
Any legislation or resolution seeking to overturn the visa proclamation or tariff emergency would require Trump’s signature. Alternatively, Congress would need two-thirds majorities in both chambers to override a presidential veto, a threshold well beyond the Democrats’ projected numbers.
Six Indian American lawmakers are expected to enter the new Congress as members of the majority party, provided Amish Shah retains his lead in Arizona’s 1st District. They include Pramila Jayapal, a former H-1B visa holder, and Ro Khanna, co-chair of the Congressional India Caucus.
The Trump administration has also proposed additional rules affecting H-1B workers and Indian students, with public comment periods scheduled to close in early November. These regulatory measures can proceed independently of the election outcome.
The new Congress is scheduled to convene in January.
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