US midterm election 2026 results: What Democrats' Congress takeover means for Trump's $100,000 H-1B fee

The outcome of the 2026 US midterm elections could have consequences for President Donald Trump's $100,000 H-1B fee, particularly for thousands of foreign professionals seeking to work in the United States under this visa programme.

Democrats have secured control of both the House of Representatives and the Senate, delivering a major setback to Trump's Republican Party and potentially complicating the administration's efforts to push through its immigration agenda during the final two years of his presidency.

Trump's controversial $100,000 H-1B payment requirement, introduced in September 2025 has faced legal challenges, with a federal court ruling against its implementation. Its future could now become an important point of contention between the White House and the Democratic-controlled Congress.

Quick answers to key questions

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QUESTIONS

It is a payment requirement introduced by a presidential proclamation signed on September 19, 2025. It is separate from regular H-1B application and processing charges.

The requirement primarily targets certain new H-1B petitions for workers outside the US who need to enter the country. It does not automatically apply to existing H-1B workers seeking extensions or eligible changes of status within the US.

A Democratic-controlled Congress could scrutinise the fee through hearings and investigations, and could try to pass legislation restricting or overturning it. The shift could make it harder for the administration to win congressional backing for its immigration agenda.

No. Congressional control does not automatically cancel a presidential proclamation. Legislation would need the president’s approval, or a two-thirds majority in both chambers to override a veto.

No. The election results do not immediately change the legislative balance; the new Congress is scheduled to take office on January 3, 2027. Federal courts have blocked implementation of the fee, while the broader dispute over presidential authority remains unresolved.

For Indian technology professionals, students hoping to secure US employment and companies that rely on overseas talent, the political shift is significant. However, a change in congressional control does not automatically repeal the H-1B payment requirement or alter existing visa rules.

What is the $100,000 H-1B fee and whom does it affect?

Trump introduced the $100,000 payment requirement through a presidential proclamation signed on September 19, 2025. It primarily targets certain new H-1B petitions for workers who are outside the US and require entry into the country.

The requirement is different from the regular H-1B application and processing charges, which typically range from around $2,000 to $5,000, depending on the petition and employer.

Importantly, the $100,000 payment is not a blanket charge on every H-1B visa holder. It does not automatically apply to existing H-1B workers seeking extensions or eligible changes of status within the US. The proclamation also allows exceptions where the Department of Homeland Security determines that an exemption is in the national interest.

Why Democrats' control of Congress matters for the H-1B fee

The Democratic victory could make it considerably more difficult for the Trump administration to secure congressional backing for its immigration agenda.

With control of both chambers, Democrats will have greater influence over legislation concerning immigration, employment-based visas and federal spending. They could also use congressional hearings and investigations to scrutinise the administration's immigration policies, including the legal basis and economic consequences of the $100,000 H-1B payment requirement.

The legal authority behind the fee is particularly important. Trump introduced the payment through a presidential proclamation, invoking provisions of the Immigration and Nationality Act that allow the president to restrict the entry of certain foreign nationals.

Critics, including several Democratic-led states, have challenged whether the president can impose such a substantial payment without explicit authorisation from Congress.

A federal judge in Massachusetts struck down the agency policy implementing the fee in June 2026. The US Court of Appeals for the First Circuit subsequently refused to pause that ruling while the administration's appeal proceeded.

A second federal judge in California blocked the implementation of the payment requirement on September 30, 2026, citing the agencies' failure to follow the required rulemaking procedures.

The developments have strengthened the legal challenges to Trump's policy, although the broader dispute over presidential authority remains unresolved.

Can a Democratic Congress scrap Trump's $100,000 H-1B fee?

A Democratic-controlled Congress could attempt to introduce legislation restricting or overturning the administration's H-1B payment requirement.

However, passing such legislation would not necessarily be straightforward.

Any bill passed by the House and Senate would need Trump's approval to become law. The president could veto it, forcing lawmakers to secure a two-thirds majority in both chambers to override the veto.

Democrats could also use their congressional majorities to block Republican-backed immigration legislation that seeks to establish or expand additional financial requirements for employers hiring foreign professionals.

However, congressional control does not give Democrats the power to automatically cancel a presidential proclamation. The administration retains executive authority under existing immigration laws, subject to judicial review.

The new Congress is scheduled to take office on January 3, 2027. Until then, the outgoing Congress will continue to function, meaning the election results will not immediately change the legislative balance.