Washington, Nov 5: The Democrats’ projected takeover of both chambers of the US Congress could give them greater oversight of immigration, employment visas and trade policies affecting Indian professionals and businesses, but it will not automatically reverse the Trump administration’s $100,000 fee on new H-1B petitions or tariffs of up to 50 per cent on Indian goods. Any legislative attempt to overturn these measures would require President Donald Trump’s approval or two-thirds majorities in both chambers to override a presidential veto.
By Wednesday evening, Democrats had secured at least 242 seats in the House of Representatives against the Republicans’ 151, with 42 races yet to be called, marking a net gain of 34 seats. NBC’s projection placed the party’s eventual tally at around 259. In the Senate, Democrats were projected to win 54 seats against 44 for Republicans, a gain of seven, while Mississippi and Alaska remained undecided.
The change in congressional control is particularly relevant to Indian nationals because they accounted for approximately 70 per cent of approved H-1B petitions in fiscal 2025, compared with around 12 per cent for Chinese beneficiaries, according to a report submitted by US Citizenship and Immigration Services (USCIS) to Congress.
Democrats have previously challenged two Trump administration measures affecting Indian interests. On immigration, 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 Trump’s September 2025 proclamation.
The September 19, 2025, proclamation, titled ‘Restriction on Entry of Certain Nonimmigrant Workers’, threatened healthcare staffing in the districts represented by the lawmakers, their letter stated.
On trade, Representatives Deborah Ross, Marc Veasey and Raja Krishnamoorthi introduced House Joint Resolution 134 in December 2025 to terminate the national emergency declaration Trump used to impose tariffs of up to 50 per cent on Indian imports. The resolution was referred to the House Foreign Affairs Committee but has not received a vote. Krishnamoorthi had criticised the tariffs as damaging to the India-US partnership. He will leave Congress in January after losing his Senate primary.
The Democrats’ new committee leadership will provide greater scrutiny of these policies. The House Judiciary Committee oversees immigration policy and non-border enforcement, while its immigration subcommittee handles immigration, naturalisation and border security. The Homeland Security Committee’s Border Security and Enforcement Subcommittee supervises CBP, ICE and USCIS. The Ways and Means Committee has jurisdiction over tariffs and trade agreements.
These positions give Democrats the authority to conduct hearings, issue subpoenas and oversee relevant Department of Homeland Security appropriations, but not directly cancel presidential executive actions.
The election also removed two prominent opponents of expanded H-1B access. Ohio Senator Jon Husted, who lost to Democrat Sherrod Brown, had sponsored legislation proposing to raise the wage threshold for H-1B exemptions to approximately $140,000. In Texas, former attorney general Ken Paxton, who investigated H-1B employment at nearly 30 businesses in North Texas, lost the Senate race to Democrat James Talarico.
Six Indian American lawmakers are expected to serve in the new Congress if Amish Shah retains his lead in Arizona’s first district. They include Pramila Jayapal, a former H-1B visa holder, and Ro Khanna, co-chair of the India Caucus.
Meanwhile, proposed Trump administration rules affecting H-1B workers and Indian students can proceed independently of the election outcome. Their public comment periods were due to close in early November. The new Congress is scheduled to convene in January.
