US Midterm elections 2026: Who really controls H-1B visas, green cards and student visas for Indians?

The outcome of the US Midterm elections could unlock immigration policies that could affect thousands of Indians hoping to study, work, or settle in the country. But can a change in the balance of power in the US Congress actually make it easier to get an H-1B visa, shorten the green card waiting period or change rules for international students?

The answer depends on who has the authority to make those decisions. While Congress can pass new immigration laws, change visa limits and approve funding for enforcement agencies, the President and his administration have considerable control over how existing rules are implemented.

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With Americans voting on November 3 to elect members of the House of Representatives and Senate, the results could shape the immigration debate for the remaining two years of Donald Trump's presidency. Here is what a newly elected Congress can change, what remains under the President's control and what it could mean for Indians.

H-1B visas: Can Congress change the rules for Indian professionals?

The H-1B visa programme is one of the most important routes for Indian professionals seeking employment in the US, particularly in the technology sector. Congress has the authority to change the law governing the programme, including its annual numerical limits and eligibility framework.

For instance, the current annual cap is 65,000 regular H-1B visas, with another 20,000 places reserved for eligible applicants with advanced degrees from US institutions. Congress can pass legislation to increase or reduce these limits, change eligibility requirements or introduce new conditions for employers.

However, the executive branch can also change how the programme is administered, including certain application and compliance requirements. The Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS) implement the programme under existing law.

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This means that even if the Democrats or Republicans gain control of Congress, existing H-1B rules will not automatically change.

Green cards: Could the Indian backlog become a political issue?

For Indians waiting years, sometimes decades, for employment-based green cards, the elections could matter in another way.

The US immigration system has annual limits on employment-based green cards, along with a seven per cent per-country ceiling. These restrictions have contributed to the long waiting periods faced by Indian applicants.

Congress has the power to amend these limits, change the per-country allocation system or introduce legislation to clear parts of the backlog. However, such changes would require both chambers to pass legislation and the President to sign it.

The administration, meanwhile, can influence how existing rules are implemented, including the processing of applications and the availability of visas within the limits set by law.

Therefore, a new Congress could create an opportunity for immigration reform, but it cannot clear the Indian green card backlog simply by winning the elections.

Student visas: Who decides the rules for Indian students?

The same distinction applies to Indian students planning to study in American universities. The F-1 student visa is governed by federal immigration law, while the rules concerning student status, admission and certain post-study arrangements are administered by the executive branch, particularly DHS and its agencies.

Congress can pass legislation to change the legal framework for student visas or introduce new restrictions. It can also question the administration about its policies and examine how they affect international students.

However, the President's administration can influence several aspects through agency regulations and policy decisions, provided they remain within existing law.

For example, DHS introduced a rule in July 2026 to replace the duration-of-status admission system for F-1 students with fixed periods of admission. The rule took effect on September 15, 2026. This illustrates how an administration can change important student-related immigration rules without waiting for a new immigration law from Congress.

Immigration enforcement: Can Congress influence deportations?

Immigration enforcement is another area where the election outcome could have practical consequences.

Congress controls federal spending and can influence the budgets allocated to agencies such as Immigration and Customs Enforcement (ICE). It can also conduct hearings, investigate enforcement practices and question officials about deportations, detention and border security.

A change in the balance of power could therefore affect how closely the administration's immigration policies are scrutinised and how much funding particular enforcement activities receive.

However, the President and the executive branch retain significant authority over enforcement priorities and the day-to-day implementation of immigration policy. Congress cannot simply instruct immigration agencies to stop all deportations through a change in its membership.