Why Today's US Midterms Matter More For The $100,000 H-1B Fee Than You Think

The US midterm elections on Tuesday, November 3 could restructure the Congress, deciding the power dynamics in the House of Representatives and Senate for the last  two years of President Donald Trump's administration. With the current control of Republican Party, a Democratic Party's win could significantly reshape who controls the Congress.

The shifting dynamics in the Congress would particularly will be significant for H-1B visa holders as the Trump administration's $100,000 has faced legal concerns. According to reports,  two federal judges raised concerns over its implementation, stating that the required legisative process has not been followed.  A federal judge rejected the proposal calling it an an unlawful fee as Congress never authorised it.

In case, Democrats secure victory, they would get more control over legislation, however, Trump would continue to have broad executive powers, including the ability to veto legislation.

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Meanhwile, a Republican-controlled Congress could, in principle, give the fee a legal basis. However, a Democratic majority in either chamber could stop that. as several Democrat-led states filed lawsuits questioned the legality of the $100,000 H-1B fee, stressing that the rule that could impact local economies, universities, hospitals, and tech sectors, reports said. Notably, a change in congressional control may have an impact on immigration legislation, but it is not likley to bring immediate changes in visa rules. 

About H-1B Program

The H-1B program provides 65,000 visas every year, along with 20,000 visas for workers with advanced degrees. Prior to Trump's policy, employers needing a visa ​paid around $2,000 to $5,000 ⁠fees based on various factors. Last year, the US President raised this fee to $100,000. On imposing the new fee, Trump said the H-1B program "has been deliberately ​exploited to replace, rather than supplement, American workers ​with lower-paid, ⁠lower-skilled labor."

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