Washington, Nov 2026 : 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 India, including the $100,000 fee on new H-1B petitions and tariffs on Indian goods. However, reversing these measures may prove difficult as both were introduced through executive actions by President Donald Trump.
According to election projections available by Wednesday evening local time, Democrats had secured at least 242 seats in the House of Representatives against 151 for Republicans, with 42 races yet to be called. The result represented a net Democratic gain of 34 seats. NBC’s election model projected that the party could eventually finish with around 259 seats.
In the Senate, Democrats were projected to secure 54 seats against 44 for Republicans, marking a net gain of seven, while results in Mississippi and Alaska remained undecided.
The election also saw the defeat of two prominent Republican figures associated with restrictions on H-1B visas. Ohio Senator Jon Husted, who sponsored legislation proposing 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 initiated investigations into H-1B employment practices at nearly 30 businesses in North Texas, lost the Senate race to Democrat James Talarico.
The developments are significant for Indian professionals, who account for the largest share of H-1B visa beneficiaries. According to a US Citizenship and Immigration Services (USCIS) report to Congress, Indian-born beneficiaries accounted for approximately 70 per cent of approved H-1B petitions in fiscal year 2025, followed by China at around 12 per cent.
Democrats Have Already Challenged Trump’s Visa Policy
Democratic lawmakers have previously expressed opposition to Trump's H-1B fee policy, particularly its potential impact on sectors such as healthcare.
Members of the New Democrat Coalition wrote to Homeland Security Secretary Kristi Noem seeking exemptions for healthcare workers from the $100,000 fee introduced through Trump's September 2025 proclamation.
The lawmakers warned that the September 19 proclamation, titled 'Restriction on Entry of Certain Nonimmigrant Workers', could pose a serious threat to healthcare staffing in their constituencies.
Democrats have also challenged the administration's tariff measures targeting Indian imports.
In December 2025, Representatives Deborah Ross, Marc Veasey and Raja Krishnamoorthi introduced House Joint Resolution 134, seeking to terminate the national emergency invoked by Trump to impose tariffs of up to 50 per cent on Indian goods.
The resolution was referred to the House Foreign Affairs Committee but had not received a vote.
Krishnamoorthi had criticised the administration's approach, arguing that the tariffs weakened an important strategic partnership between the United States and India. He will not return to Congress in January after losing his Senate primary.
Committee Control Gives Democrats Oversight Powers
Control of the House will allow Democrats to take charge of committees overseeing immigration, border security and trade. These committees can conduct hearings, summon officials through subpoenas and scrutinise government spending and policy implementation.
The House Judiciary Committee oversees immigration policy and non-border enforcement, while its immigration subcommittee covers immigration, naturalisation and border security.
The House Homeland Security Committee's Border Security and Enforcement Subcommittee oversees agencies including US Customs and Border Protection, Immigration and Customs Enforcement, and USCIS.
The House Ways and Means Committee has jurisdiction over tariffs, reciprocal trade agreements and other trade-related matters.
However, committee control does not automatically allow Democrats to cancel Trump's executive actions. Any legislation or resolution overturning the H-1B proclamation or the tariff-related national emergency would require presidential approval. Alternatively, Congress would need a two-thirds majority in both chambers to override a presidential veto.
The projected Democratic numbers fall short of that threshold.
Indian-American Lawmakers to Have a Greater Role
The new Congress is also expected to include six Indian-American members of the House, provided Amish Shah retains his lead in Arizona's First Congressional District. All six are expected to belong to the majority party.
Among them are Pramila Jayapal, a former H-1B visa holder, and Ro Khanna, co-chair of the Congressional India Caucus. Their presence could provide an additional platform for discussions on immigration and India-US economic relations.
Meanwhile, the Trump administration had proposed additional rules affecting H-1B workers and Indian students ahead of the elections. The public consultation periods for these proposals were scheduled to close in early November.
Since these measures are executive actions, their implementation can continue irrespective of the election outcome.
The new Congress is scheduled to convene in January. While the Democratic victory could intensify scrutiny of immigration restrictions and tariffs affecting India, any direct reversal of the Trump administration's policies will depend on legislative support and the President's response.
(Disclaimer :The content of this article is sourced from a news agency and has not been edited by the Mavericknews30 team.)
