2026 Midterms May Shape H-1B, Green Card Policy—Not Immediately

The November 3, 2026, U.S. midterm elections will determine control of Congress and could influence which H-1B and employment-based green card bills advance in 2027. However, the election itself will not immediately change H-1B eligibility, F-1 status, Optional Practical Training (OPT), Curricular Practical Training (CPT), or pending green card cases.

As of October 27, several major H-1B proposals remain at the introductory or committee stage. None of them is currently law. Existing agency rules, presidential actions, enforcement measures, and court orders will also remain in place unless Congress, the administration, or the courts take further action. (fec.gov)

Why the 2026 Midterms Matter for H-1B Legislation

All 435 House seats and approximately one-third of Senate seats are contested during congressional election cycles. The winning parties will control committee leadership, hearing schedules and which bills receive floor votes when the new Congress begins in January 2027. Republicans currently hold the Senate majority with 53 seats and also control the House. (senate.gov)

Party control matters, but it does not guarantee that a proposal will become law. A bill generally must:

1. Advance through the relevant committees.
2. Pass the House and Senate in identical form.
3. Receive the president’s signature or obtain enough congressional support to override a veto.

A bill introduced during the current Congress that is not enacted before the congressional term ends must generally be introduced again in the next Congress. (house.gov)

Which H-1B Bills Are Pending?

The pending proposals represent substantially different approaches to H-1B reform.

The wage-modernization proposal is narrower than some headlines suggest. It would not establish a universal $140,000 minimum salary for every H-1B worker. Instead, it would change the wage threshold that allows certain H-1B-dependent employers to claim an exemption from additional recruitment and displacement attestations. The exact threshold would change over time because it would be tied to the national average wage index. (govinfo.gov)

The End H-1B Visa Abuse Act is much broader. According to the Senate sponsor’s summary, it would pause new H-1B visas for three years, codify a $100,000 payment, replace the selection system with a wage-based process, restrict third-party placements and eliminate certain student and exchange-visitor employment authorization. These provisions are proposals only and have not taken effect. (sheehy.senate.gov)

The bipartisan H-1B and L-1 Visa Reform Act takes a different approach. It would keep the programs while adding employer recruitment, wage, posting and compliance requirements and increasing Department of Labor enforcement authority. (durbin.senate.gov)

What the Election Will Not Automatically Change

A change in congressional control would not automatically cancel rules or enforcement actions adopted by the executive branch.

For example, the White House renewed its disputed $100,000 H-1B entry-payment policy on September 18, 2026. However, federal court orders currently block collection of that payment while litigation continues. Employers are not required to pay it as of October 27, 2026, despite the proclamation remaining on the books through September 21, 2027. Readers can review Day1CPT.org’s detailed explanation of the extended H-1B payment policy and continuing court block. (whitehouse.gov)

Likewise, the October 8 suspension of PERM processing involving Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies and Capgemini is an administrative enforcement action. Election results would not automatically restart those cases. The practical effects are explained in Day1CPT.org’s report on the eight-company PERM green card suspension. (apnews.com)

PERM, or Permanent Labor Certification, is a Department of Labor process used in many employer-sponsored EB-2 and EB-3 green card cases. A PERM suspension does not, by itself, cancel an employee’s H-1B status, F-1 status, OPT or STEM OPT authorization.

What F-1, OPT and H-1B Workers Should Understand Now

The most important takeaway is that no immigration status changes solely because of the November 3 election.

International students and workers should continue following the rules currently in effect and watch for specific government actions after the election. In particular:

• F-1 students and OPT graduates: The election does not change current OPT, STEM OPT or CPT authorization. Future congressional legislation could affect these programs, but introduced bills are not current rules.
• Future H-1B applicants: Employer sponsorship plans and the existing wage-weighted H-1B selection process remain more immediately relevant than election projections.
• Current H-1B workers: Existing status does not disappear because a restrictive bill is introduced or because control of Congress changes.
• Employment-based green card applicants: Workers should identify the exact stage of their PERM, I-140 or adjustment-of-status case. A congressional proposal or employer-specific PERM suspension can affect different stages differently.

Students and professionals should avoid making employment, travel or school-enrollment decisions based only on campaign statements. A proposal becomes legally relevant only after identifiable government action, such as enactment of a statute, publication of a final rule, issuance of binding agency guidance or entry of an applicable court order.

Frequently Asked Questions

Will H-1B rules change immediately after the November 3 midterm elections?

No. Election results determine who controls Congress beginning in January 2027, but they do not themselves amend immigration law. Any H-1B bill would still need to move through Congress and become law. Agencies may also take separate regulatory or enforcement actions under existing authority.

Is the proposed $140,000 H-1B salary threshold already effective?

No. The proposal would replace an existing $60,000 exemption threshold for certain H-1B-dependent employers with an indexed amount equal to twice the national average wage. It would not create a universal salary requirement for every H-1B position, and the bill has not become law. (govinfo.gov)

Could Congress eliminate OPT?

Congress has authority to change immigration statutes, and the End H-1B Visa Abuse Act includes language targeting certain student employment authorization. However, that bill is only an introduced proposal. It has not ended OPT or STEM OPT. (sheehy.senate.gov)

Does the election affect Day 1 CPT students?

Not directly. The midterm election does not change an existing student’s F-1 status or CPT authorization. Any future impact would depend on a specific statute, regulation, agency policy or court decision. Students must continue complying with their school’s academic requirements and use CPT only when properly authorized by their designated school official.

Could a new Congress reverse current H-1B policies?

Congress could enact legislation changing the H-1B program or use certain legislative tools to challenge agency rules. However, a new majority would not automatically erase presidential proclamations, final regulations, pending litigation or employer-specific enforcement actions. Each policy would require a separate legal or legislative response.

Sources:

• The Indian Express — How the 2026 Midterms Could Affect H-1B Visas and Green Cards
• Federal Election Commission — 2026 Federal Election Date
• U.S. House of Representatives — The Legislative Process
• GovInfo — S. 5638, Protecting American Workers Through H-1B Modernization Act
• GovInfo — H.R. 10799, Protecting American Workers Through H-1B Modernization Act
• GovInfo — S. 5097, End H-1B Visa Abuse Act of 2026
• GovInfo — H.R. 8443, End H-1B Visa Abuse Act of 2026
• GovInfo — S. 2928, H-1B and L-1 Visa Reform Act of 2025
• White House — September 2026 H-1B Entry Proclamation
• Federal Court Order — September 30, 2026 H-1B Payment Decision